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If you have been forced to work against your will through threats, fraud, or coercion, you may qualify for a T visa under federal immigration law. The T visa allows victims of severe forms of human trafficking to remain in the United States for up to four years, receive work authorization, and eventually apply for a green card. You do not need to have lawful immigration status to apply, and there is no fee to file.
At Shankar & Associates PC, Nassau County T visa immigration lawyer Rajat Shankar helps trafficking survivors on Long Island and throughout New York understand their legal options and pursue protection. Our immigration attorneys in New York work with victims to build strong T visa applications and guide them through every step of the process.
This guide explains what labor trafficking means under federal law, who qualifies for a T visa, what evidence you need, how to apply, and how a T visa for labor trafficking victims can lead to permanent residence in the United States. If you think you or a loved one may be eligible for a T visa or you’re unsure what evidence you need, Shankar & Associates PC can help you understand your options and take the next step. Call (800) 461-1467 to speak with our team today.
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Under 22 U.S.C. § 7102, labor trafficking is defined as the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through the use of force, fraud, or coercion for the purpose of involuntary servitude, peonage, debt bondage, or slavery.
In practical terms, labor trafficking can take many forms. A trafficker may confiscate your passport and force you to work without pay. They may threaten to report you to immigration authorities if you stop working, or they may use physical violence to keep you under their control. Some traffickers use debt bondage, telling victims they owe money for transportation, housing, or food and must continue working to repay a debt that never decreases.
A T visa is a form of immigration relief created by Congress in October 2000 as part of the Victims of Trafficking and Violence Protection Act. This type of visa provides temporary legal status to victims of severe forms of human trafficking, allowing them to stay in the United States, work legally, and access public benefits while they recover and cooperate with law enforcement.
According to the U.S. Citizenship and Immigration Services (USCIS), you may be eligible for T nonimmigrant status if you meet these requirements:
There are important exceptions to the law enforcement cooperation requirement. If you were under 18 years old at the time the trafficking occurred, you do not need to show cooperation with law enforcement. The same applies if you are unable to cooperate due to physical or psychological trauma from the trafficking experience.
The United States government can approve up to 5,000 T visa principal applicants per year. This cap applies only to principal applicants, not to qualifying family members. If the annual limit is reached, applicants are placed on a waitlist and may receive deferred action status and work authorization while they wait.
Key Takeaway: To qualify for a T visa, you generally must be a victim of severe trafficking, be physically present in the U.S. because of the trafficking, cooperate with law enforcement, and show extreme hardship if removed. Minors and trauma survivors may be exempt from the cooperation requirement.
Shankar & Associates PC can evaluate your eligibility for a T visa, identify exemptions that may apply, and prepare a clear, well-supported petition for USCIS. Call (800) 461-1467 for a confidential consultation.
Rajat Shankar, Esq., is a Nassau County immigration attorney whose work is informed by his own experience as an immigrant. He came to the United States at eight years old, obtained his green card, and later became a U.S. citizen. Raj earned his J.D., Magna Cum Laude, from Touro College Jacob D. Fuchsberg Law Center in 2012 and holds a B.A. in Mathematics from East Stroudsburg University. He is admitted to the New York Bar.
Mr. Shankar has experience across all areas of immigration law, including employment-based immigration, cancellation of removal, asylum, deportation defense, and humanitarian protections for trafficking victims. Along with his father, attorney Srinivas Jayashankar, Raj provides clients with over 45 years of combined immigration law experience at Shankar & Associates PC. The firm offers flat-fee billing, senior-level attention on every case, and a commitment to keeping clients informed throughout the process.
Not every unfair employment situation qualifies as labor trafficking. Understanding the distinction is important because it affects whether you can apply for a T visa.
Labor trafficking requires the use of force, fraud, or coercion to compel someone to work. This includes situations where a trafficker physically restrains you, threatens violence against you or your family, takes your identification documents, or uses your immigration status as leverage to keep you working. Debt bondage, where you are told you must work to repay a debt that grows faster than you can pay it off, also qualifies as trafficking.
Under New York Penal Law § 135.35, labor trafficking is a class D felony carrying a maximum sentence of seven years in prison for the trafficker. The state law mirrors the federal definition: a person commits labor trafficking when they compel or induce another person to engage in labor through the use of force or threats. New York treats these cases seriously, and state-level prosecutions can support a victim’s federal T visa application.
Working for low wages, in poor conditions, or without proper overtime pay may violate labor laws, but these situations alone do not constitute trafficking unless force, fraud, or coercion is involved. If your employer simply underpays you or violates workplace safety rules, you may have other legal remedies through wage claims or workplace safety complaints, but a T visa would typically not apply.
The line between exploitation and trafficking can sometimes be difficult to identify. If you are unsure whether your situation qualifies, speaking with an immigration attorney who handles trafficking cases can help you evaluate your options.
Building a strong T visa application requires gathering evidence that supports each element of your eligibility. United States Citizenship and Immigration Services (USCIS) uses a trauma-informed approach when reviewing applications and accepts any credible evidence to support your claim.
Your personal statement is one of the most important pieces of your application. In this written account, you describe how you were recruited, how the trafficker controlled you, what conditions you endured, and how you escaped or were discovered. Include as many specific details as possible: dates, locations, names of individuals involved, and descriptions of threats or violence. This statement should be written in your own words, though an attorney can help you organize and present it effectively.
USCIS strongly encourages applicants to submit Form I-914, Supplement B (Declaration for Trafficking Victim). This form is completed by a Federal, State, Tribal, or local law enforcement official or agency confirming that you are a trafficking victim and that you have cooperated with any investigation. A formal investigation or prosecution does not need to be open for an agency to complete the form. However, Supplement B is recommended but not required. If you cannot obtain one, you can submit other evidence of law enforcement contact, such as police reports, court documents, or communications with investigators.
The New York State Department of Labor can also provide certifications for T visas when labor trafficking occurs in a workplace setting. You can contact the Department’s Division of Compliance and Education to request a certification or report labor trafficking.
Additional evidence that can strengthen your application includes medical records documenting injuries or psychological trauma, photographs, pay stubs (or lack thereof), communications with the trafficker, affidavits from people who witnessed your situation, and any news articles about the trafficking operation. If your passport or identification was confiscated, explaining this in your personal statement helps establish a pattern of control.
Shankar & Associates PC can help you gather and organize the strongest possible evidence, personal statements, law enforcement documentation, and supporting records to meet USCIS requirements. Call (800) 461-1467 to schedule a confidential consultation and get guidance tailored to your situation.
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The application process for a T visa involves filing specific forms with USCIS and submitting supporting documentation. There is no filing fee for a T visa application.
| Form | Purpose | Required? |
|---|---|---|
| Form I-914 | Application for T Nonimmigrant Status | Yes |
| Form I-914, Supplement A | Application for family members | If applicable |
| Form I-914, Supplement B | Law enforcement declaration | Strongly recommended |
| Form I-765 | Application for Employment Authorization | Recommended to file concurrently |
| Form I-192 | Application for Advance Permission to Enter as Nonimmigrant (waiver of inadmissibility grounds) | If needed |
To apply, you must complete Form I-914 (Application for T Nonimmigrant Status) and mail it to the USCIS Lockbox. As of October 31, 2025, USCIS moved T visa applications from the Nebraska Service Center to the USCIS Lockbox. The exact mailing address depends on where you live and how you are filing, so you should always confirm the current filing address on the official USCIS Form I-914 page, as USCIS changes filing locations periodically.
Along with Form I-914, submit your personal statement, any available law enforcement documentation, and evidence supporting each eligibility requirement.
Effective Aug. 28, 2024, USCIS uses a modified bona fide determination process for many T visa applications. If USCIS determines your case is bona fide, USCIS may grant deferred action and employment authorization while your case is pending. To receive deferred action and work authorization under this process, you must file Form I-765.
If you have any criminal convictions or immigration violations that could make you inadmissible, you may need to file Form I-192 (Application for Advance Permission to Enter as a Nonimmigrant) to request a waiver. The T visa program provides broad waivers for many grounds of inadmissibility, including unlawful presence, which recognizes that trafficking victims often have immigration violations that were caused by or connected to their trafficking situation.
Processing times for T visa applications can be lengthy. USCIS has reported significant increases in application volume in recent years. Having an attorney review your application before submission can help avoid delays caused by requests for additional evidence. Call Shankar & Associates PC today at (800) 461-1467 for a confidential consultation.
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One of the benefits of the T visa is that certain family members can receive derivative T nonimmigrant status, even if they are outside the United States. The family members who qualify depend on your age at the time you apply.
If you are 21 years old or older, you can apply for your spouse and your unmarried children under 21. If you are under 21, you can also include your parents and unmarried siblings under 18. Regardless of your age, if any family members face a present danger of retaliation because of your escape from trafficking or your cooperation with law enforcement, you can apply for your parents, unmarried siblings under 18, and your children of any age or marital status.
To include a family member, you must file Form I-914, Supplement A (Application for Family Member of T-1 Recipient) for each qualifying relative. This form can be filed at the same time as your I-914, while your application is pending, or after you have been granted T status. Family members who are in the United States and want to work must file their own Form I-765 for employment authorization.
Family members who are outside the United States will go through consular processing at a U.S. embassy or consulate to receive their T visa. Each family member will need to complete Form DS-160 (Online Nonimmigrant Visa Application) and attend an interview.
Key Takeaway: T visa holders can petition for qualifying family members, including spouses, children, and, in some cases, parents and siblings. Family members can receive their own immigration status and work authorization, even if they are currently outside the United States.
A T visa offers several important protections and benefits that help trafficking survivors stabilize their lives and begin their recovery.
T nonimmigrant status is initially valid for up to four years. During that time, you can live and work legally in the United States. Principal applicants (T-1 status holders) receive an Employment Authorization Document (EAD) when their application is approved. To get work authorization sooner while your case is pending, USCIS strongly recommends filing Form I-765 at the same time as your I-914. This is how you can receive deferred action and an EAD during the bona fide determination process, before a final decision is made on your application.
You may also be eligible for certain federal and state benefits and services. In many situations, foreign national trafficking survivors use an HHS Certification Letter, Eligibility Letter, or Interim Assistance Letter to apply for benefits and services comparable to those available to refugees, as long as they meet the rules of the specific program.
Perhaps most importantly, a T visa creates a path to permanent residence. After holding T-1 nonimmigrant status for three years, or after the trafficking investigation or prosecution is complete (whichever comes first), you can apply for a green card by filing Form I-485 (Application to Register Permanent Residence or Adjust Status).
Key Takeaway: T visa holders receive work authorization, access to public benefits comparable to refugees, and a path to a green card after three years. In New York, trafficking survivors can access state and local support services while their applications are pending.
Raj Shankar of Shankar & Associates PC can help secure work authorization, pursue available benefits, and plan for your green card application under T visa rules. Call (800) 461-1467 to learn more about how we can help.
The transition from T visa status to lawful permanent residence is one of the most significant benefits of this program. It provides trafficking survivors with long-term stability in the United States.
According to USCIS, to be eligible for a green card as a T-1 nonimmigrant, you must meet the following conditions:
To maintain continuous physical presence, you generally cannot leave the United States for any single trip exceeding 90 days, or for combined trips exceeding 180 days in the aggregate. If you need to travel while in T status, you should obtain advance parole by filing Form I-131 before departing.
Once you receive your green card, you become a lawful permanent resident of the United States. After five years as a permanent resident, you may be eligible to apply for U.S. citizenship through naturalization. Qualifying family members who hold derivative T status may also apply for their own green cards under 8 C.F.R. § 245.23, though they do not need to meet the continuous physical presence requirement independently.
Key Takeaway: T visa holders can apply for a green card after three years or once the trafficking investigation is complete. After five more years as a permanent resident, U.S. citizenship may be possible. Family members with derivative T status can also adjust to permanent residence.
If you believe you are being forced to work through threats, coercion, or fraud, there are steps you can take to protect yourself and access help. Your safety is the first priority.
If you are in immediate danger, call 911. You can also contact the National Human Trafficking Hotline at 1-888-373-7888, which is available 24 hours a day, 7 days a week, in more than 200 languages. The hotline is operated by Polaris, a nonprofit organization, and all calls are confidential. You can also text “HELP” to 233733 (BeFree).
To report labor trafficking to federal authorities, you can call the Homeland Security Investigations (HSI) Tip Line at 866-347-2423. Tips can also be submitted anonymously online. In New York, you can report suspected labor trafficking to the Department of Labor’s Division of Compliance and Education at 877-466-9757.
When it is safe to do so, try to preserve any evidence of your trafficking situation. This may include keeping copies of communications with your trafficker, noting dates and details of threats or abuse, and saving any documents related to your employment or living conditions. If your identification documents were confiscated, make a note of when and how this occurred.
An immigration attorney experienced in T visa cases can evaluate your situation, help you understand your legal rights, and assist with the application process. Because trafficking cases involve sensitive information and legal requirements, working with a lawyer who understands both immigration law and the dynamics of trafficking can make a meaningful difference in the outcome of your case.
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Labor trafficking is a serious violation of your rights, and U.S. law provides protections for survivors. Federal immigration relief may allow you to remain in the United States, obtain work authorization, and move forward with greater stability.
T visa immigration attorney Rajat Shankar at Shankar & Associates PC has experience handling immigration cases, including humanitarian protections for trafficking survivors. Our attorneys assist clients throughout Nassau County and New York with T visa applications, law enforcement coordination, and the path from temporary status to permanent residence.
Call Shankar & Associates PC at (800) 461-1467 to schedule a consultation. Our office in Plainview serves clients across Long Island and throughout New York. We will review your situation, explain your options, and help you take the next step toward safety and stability.
A T visa is a form of temporary legal status designed to protect victims of severe human trafficking, allowing them to remain in the United States for up to four years, work legally, and access public benefits. To qualify, you must be physically present in the U.S. as a result of trafficking, demonstrate that you would suffer extreme hardship if removed, and generally cooperate with law enforcement. Minors under the age of 18 and individuals who have suffered severe physical or psychological trauma are exempt from the law enforcement cooperation requirement.
While working for extremely low wages, lacking overtime pay, or enduring poor workplace conditions may violate labor laws, these situations only constitute labor trafficking if your employer uses force, fraud, or coercion to make you work. Trafficking involves severe control tactics, such as physically restraining you, threatening violence or deportation, confiscating your identification documents, or trapping you in “debt bondage” where you must work to pay off an ever-increasing debt.
The cornerstone of your application is a detailed personal statement written in your own words that outlines how you were recruited, the conditions you endured, the trafficker’s methods of control, and how you escaped. Because USCIS uses a trauma-informed approach, they will accept any credible evidence, which can include law enforcement declarations, police reports, medical records showing physical or psychological trauma, pay stubs, witness affidavits, and records of communication with the trafficker.
Yes, the T visa program allows certain qualifying family members to receive derivative T nonimmigrant status, allowing them to live and work legally in the U.S., even if they are currently residing in another country. Depending on your age when you apply and whether your family faces a present danger of retaliation due to your escape, eligible relatives can include your spouse, unmarried children, parents, and unmarried siblings under the age of 18.
Yes, a T visa provides a direct pathway to lawful permanent residence (a green card) and long-term stability in the United States. You can apply for a green card after holding your T-1 status and maintaining continuous physical presence in the U.S. for three years – or sooner if the trafficking investigation or prosecution officially concludes – provided you demonstrate good moral character and continue to meet the eligibility requirements.
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