The United States Citizenship and Immigration Services (USCIS) defines “severe forms of trafficking in persons” as either sex trafficking induced by force, fraud, or coercion, or labor trafficking that subjects a person to involuntary servitude, peonage, debt bondage, or slavery. This definition comes from the Trafficking Victims Protection Act (TVPA) of 2000 and is codified at 22 U.S.C. § 7102. Understanding this definition is essential because it determines who qualifies for a T visa, which provides temporary immigration status and a path to permanent residence for trafficking survivors in New York and across the country.
At Shankar & Associates PC, New York T visa immigration lawyer Rajat Shankar helps trafficking survivors on Long Island and throughout Nassau County pursue the immigration relief they deserve. Our immigration attorneys guide clients through the T visa application process, from establishing victimization to obtaining lawful permanent residence.
This guide explains the federal definition of severe trafficking, how USCIS evaluates whether someone qualifies as a victim, what evidence supports a T visa application, and how trafficking survivors can protect their immigration status. Contact Shankar & Associates PC today at (800) 461-1467 for a consultation. Our team stands ready to assist you in exploring your options.
What Is the Federal Definition of Severe Trafficking?
The TVPA created a specific legal definition that USCIS uses when evaluating T visa applications. Under 22 U.S.C. § 7102, the term “severe forms of trafficking in persons” covers two distinct categories: sex trafficking and labor trafficking. Both categories share a common framework built on three elements that USCIS examines in every case.
The USCIS Policy Manual states that applicants must demonstrate that a trafficker engaged in a prohibited action, used specific means, and acted for a particular purpose. The table below breaks down these three required elements.
| Element | Sex Trafficking | Labor Trafficking |
| Action | Recruiting, harboring, transporting, providing, obtaining, patronizing, or soliciting a person | Recruiting, harboring, transporting, providing, or obtaining a person |
| Means | Force, fraud, or coercion (not required if victim is under 18) | Force, fraud, or coercion |
| Purpose | A commercial sex act | Involuntary servitude, peonage, debt bondage, or slavery |
All three elements must be present for USCIS to find that a severe form of trafficking occurred. However, the victim does not need to have actually performed the labor or commercial sex act. Under 8 CFR Part 214, Subpart C, USCIS recognizes that trafficking can occur even when the trafficker’s intended purpose was never carried out, as long as the evidence shows the trafficker acted with that purpose in mind.
Key Takeaway: USCIS defines severe trafficking using three elements: a prohibited action, the use of force, fraud, or coercion, and a specific exploitative purpose. All three must be present, but the victim does not need to have actually performed the labor or sex act, just that the trafficker acted with that purpose for the victim.
What Qualifies as Sex Trafficking Under Federal Law?
Sex trafficking occurs when someone recruits, harbors, transports, provides, obtains, patronizes, or solicits another person for the purpose of a commercial sex act. A commercial sex act is any sexual activity in which something of value is given to or received by any person. For sex trafficking to constitute a “severe form,” the commercial sex act must generally be induced by force, fraud, or coercion.
There is one critical exception to the force, fraud, or coercion requirement. If the victim was under 18 years old at the time the trafficking occurred, USCIS does not require proof of force, fraud, or coercion. This is because federal law recognizes that minors cannot legally consent to commercial sex acts. This exception applies regardless of whether the minor appeared to cooperate voluntarily.
The TVPA also expanded the definition of prohibited actions over time. Congress added “patronizing” and “soliciting” through the Justice for Victims of Trafficking Act of 2015, which means that buyers of commercial sex from trafficking victims can also be considered traffickers under the federal definition. This broadened language means USCIS may evaluate conduct by patrons and solicitors, not just recruiters or transporters, when the other statutory elements are met.
Key Takeaway: Sex trafficking requires a commercial sex act induced by force, fraud, or coercion. Minors under 18 do not need to prove force, fraud, or coercion because federal law treats any commercial sexual exploitation of a child as a severe form of trafficking.
What Qualifies as Labor Trafficking?
Labor trafficking occurs when someone recruits, harbors, transports, provides, or obtains a person for labor or services through the use of force, fraud, or coercion, and does so for the purpose of subjecting that person to involuntary servitude, peonage, debt bondage, or slavery. Unlike sex trafficking, there is no age-based exception for labor trafficking. Force, fraud, or coercion must be present in every labor trafficking case.
Each of the four exploitative purposes has a specific legal meaning under the TVPA.
- Involuntary servitude refers to a condition where a person is forced to work through threats of serious harm, physical restraint, or abuse of the legal process.
- Peonage is a form of forced labor used to pay off a debt, where the worker’s services are compelled regardless of whether the debt is legitimate.
- Debt bondage occurs when a person pledges their personal services as security for a debt, and the value of those services is never fairly applied toward paying it off.
- Slavery involves the complete ownership or control of one person by another.
Labor trafficking affects workers in many industries across Long Island, including domestic service, agriculture, restaurant work, construction, and manufacturing. The Nassau County District Attorney’s Office maintains a trafficking tip line at (516) 571-7755 to report suspected trafficking activity.
Key Takeaway: Labor trafficking requires force, fraud, or coercion for the purpose of involuntary servitude, peonage, debt bondage, or slavery. There is no minor exception for labor trafficking, so all victims must demonstrate the means element regardless of age.
T Visa Attorney on Long Island – Shankar & Associates
Rajat Shankar, Esq.
Rajat Shankar, Esq., is an immigration attorney whose work is shaped by his own experience as an immigrant. He came to the United States at eight years old, obtained his green card, and went through the process of becoming a U.S. citizen firsthand. He earned his J.D., Magna Cum Laude, from Touro College Jacob D. Fuchsberg Law Center in 2012 and has been admitted to the New York Bar since 2013.
Mr. Shankar has experience across all areas of immigration law, with a primary focus on Employment-Based Immigration and humanitarian cases, including T visas, U visas, asylum, and deportation defense. Clients value his ability to explain complex immigration processes in clear, practical terms and his commitment to protecting the rights of trafficking survivors and other vulnerable individuals.
How Does the USCIS Define Force, Fraud, and Coercion?
The terms force, fraud, and coercion are central to the USCIS trafficking definition, and each has a specific legal meaning under federal law and USCIS regulations. Understanding these terms can help trafficking survivors and their attorneys identify whether a particular situation meets the federal standard.
How Does USCIS Define Force?
Force includes the use of physical violence, physical restraint, or the threat of either against the victim or another person. It also covers any use of a weapon or infliction of physical harm sufficient to compel submission. Force does not need to leave visible injuries. USCIS evaluates force based on the totality of circumstances, including the victim’s vulnerability and the power imbalance between the trafficker and the victim.
How Does the USCIS Define Fraud?
Fraud involves deception or false promises used to lure a victim into a trafficking situation. Common examples include false promises of legitimate employment, educational opportunities, or a better life in the United States. A trafficker who recruits workers from abroad by promising well-paying jobs but instead confiscates their documents and forces them to work without pay has committed fraud within the trafficking definition.
How Does the USCIS Define Coercion?
Coercion covers three distinct categories under 22 U.S.C. § 7102.
- Threats of serious harm to or physical restraint against any person.
- Any scheme, plan, or pattern intended to make a person believe that failing to perform an act would result in serious harm or physical restraint.
- The abuse or threatened abuse of the legal process, such as threatening to report a victim to immigration authorities if they refuse to comply.
The USCIS Policy Manual also clarifies how “harboring” applies in the trafficking context. Harboring refers to the series of actions a trafficker takes to maintain control over a victim by substantially limiting their movement or ability to act according to their own free will. This can include confiscating identity documents, isolating the victim from outside contacts, or controlling their access to food, shelter, and communication.
Key Takeaway: Force, fraud, and coercion each have specific federal definitions. Coercion includes threats of harm, psychological manipulation, and abuse of the legal process, such as threatening to contact immigration authorities.
How Does the USCIS Evaluate Trafficking Victim Claims?
The USCIS uses a victim-centered, trauma-informed approach when evaluating T visa applications. The agency applies an “any credible evidence” standard, which means there is no single required form of proof. Applicants can support their claims with a combination of personal statements, law enforcement declarations, medical records, news reports, court documents, and other evidence.
A key component of the application is the victim’s personal statement, which should describe the circumstances of the trafficking in detail. This statement carries significant weight because the USCIS recognizes that trafficking victims may not have access to traditional documentary evidence. The personal statement should explain who the trafficker was, what actions the trafficker took, how force, fraud, or coercion was used, and what labor or services the victim was compelled to perform.
Applicants may also submit a Law Enforcement Agency (LEA) declaration on Form I-914, Supplement B. This form, completed by a federal, state, or local law enforcement agency, confirms that the victim has been helpful in detecting, investigating, or prosecuting trafficking. However, the LEA endorsement is optional evidence, not a requirement. The USCIS, not law enforcement, makes the final determination of whether an applicant qualifies as a trafficking victim.
The August 2024 final rule on T visa regulations reinforced these standards. It clarified that USCIS gives equal weight to all credible evidence, regardless of whether an LEA endorsement is included. The rule also introduced a formal Bona Fide Determination process, which allows applicants to request early review of their case. Those deemed bona fide can receive deferred action and employment authorization while their full application is pending.
What Are the T Visa Eligibility Requirements?
To qualify for T nonimmigrant status, an applicant must satisfy the requirements established by the TVPA and codified in federal regulations. Meeting the definition of a severe form of trafficking is the first requirement, but it is not the only one.
The four eligibility requirements are:
- Victim of severe trafficking: The applicant must demonstrate that they are or were a victim of a severe form of trafficking in persons, as defined by 22 U.S.C. § 7102.
- Physical presence: The applicant must be physically present in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry because of the trafficking.
- Compliance with law enforcement: The applicant must have complied with any reasonable request for assistance from a law enforcement agency in detecting, investigating, or prosecuting the trafficking. Victims who were under 18 at the time of the trafficking, or who are unable to cooperate due to physical or psychological trauma, may be exempt from this requirement.
- Extreme hardship: The applicant must show they would suffer extreme hardship involving unusual and severe harm if removed from the United States. The USCIS evaluates factors including the risk of retaliation from traffickers, the severity of trauma, and access to services in the home country.
- Admissibility: The applicant must be admissible to the United States or qualify for a waiver of inadmissibility.
A non-immigrant status is generally granted for up to four years. Congress set an annual cap of 5,000 T-1 (principal) visas per fiscal year, though this cap has never been reached since the program began. Derivative family members, including spouses, children, parents, and unmarried siblings under 18, are not subject to the cap.
The USCIS received approximately 15,332 T-1 applications in fiscal year 2024 and approved 3,786, a record high of applications and approvals. New York is the second-highest state of residence for T visa applicants, accounting for roughly 12% of all filings.
Key Takeaway: T visa eligibility requires proving victimization, physical presence in the U.S. due to trafficking, compliance with law enforcement requests (with exceptions), and extreme hardship if removed. The 5,000 annual visa cap has never been reached.
Can Trafficking Victims Obtain Permanent Residence?
Yes. One of the most significant benefits of the T visa is the path to lawful permanent residence, commonly known as a green card. After maintaining T non-immigrant status and continuous physical presence in the United States for three years, or for the duration of an ongoing criminal investigation or prosecution (whichever is shorter), T visa holders may apply to adjust their status.
To adjust status, principal T-1 applicants generally file Form I-485 and must show continued T-1 status, the required period of continuous physical presence, good moral character, and that they meet one of the statutory cooperation, hardship, age, or trauma pathways. They also must be admissible or have a waiver and merit a favorable exercise of discretion. Family members with derivative T status may also be eligible to adjust status, depending on their own eligibility requirements.
The New York State Division of Criminal Justice Services (DCJS) coordinates the state’s response to human trafficking through the Interagency Task Force on Human Trafficking. This task force works with law enforcement, social services, and legal advocates to identify victims, provide assistance, and support investigations. For trafficking survivors who need immediate help, the National Human Trafficking Hotline is available 24 hours a day at 1-888-373-7888 in more than 200 languages.
Key Takeaway: T visa holders can apply for a green card after three years of continuous physical presence in the United States. Applicants must show good moral character and continued cooperation with law enforcement or demonstrate extreme hardship.
Contact our Nassau County Immigration Attorney Today
If you believe you may be a victim of trafficking, understanding your legal options can be the first step toward safety and stability. The T visa provides meaningful protections, but the application process involves detailed documentation, strict legal standards, and coordination with law enforcement agencies.
Nassau County immigration attorney Rajat Shankar has experience across all areas of immigration law, including humanitarian cases involving trafficking survivors. At Shankar & Associates PC, our T visa immigration lawyers help clients document their trafficking experience, gather supporting evidence, and tackle the T visa application process from start to finish.
Call Shankar & Associates PC at (800) 461-1467 for a consultation. Our office is located at 518 Plainview Rd, Plainview, NY 11803, and we serve trafficking survivors throughout New York. We offer flat-fee billing with no surprise costs, and we are available 24/7 for emergency access.