The Trafficking Victims Protection Act (TVPA) is a federal law enacted in 2000 that criminalizes human trafficking, protects survivors, and provides immigration benefits to victims of severe trafficking. The law created the T non-immigrant visa, commonly called the T visa, which allows trafficking survivors to remain in the United States, receive work authorization, and eventually apply for a green card.
At Shankar & Associates PC, Long Island T visa immigration attorney Rajat Shankar helps trafficking survivors pursue TVPA-related relief on Long Island and throughout New York. Our team handles T visa applications, benefit certification, and coordination with law enforcement agencies on behalf of clients in Nassau County and the greater New York area.
If you or someone you know has been a victim of trafficking, call Shankar & Associates PC at (800) 461-1467 to schedule a confidential consultation. Our team is ready to help you understand your rights and options under the TVPA.
What Does the TVPA Do and Why Does It Matter?
The TVPA established a three-pronged federal approach to human trafficking known as the “3P” framework: Prevention, Protection, and Prosecution. Congress passed the Trafficking Victims Protection Act of 2000 (Pub. L. 106-386) after finding that existing federal laws against involuntary servitude and slavery were too narrow to address modern trafficking. The law was signed on October 28, 2000. Congress has reauthorized the TVPA several times, including the Trafficking Victims Protection Reauthorization Act (TVPRA) of 2003 (Pub. L. 108-193), which added a civil cause of action for survivors, and the TVPRA of 2008, which expanded protections for unaccompanied minors.
On the prevention side, the TVPA funded international programs to deter trafficking and created the Office to Monitor and Combat Trafficking in Persons within the U.S. Department of State. For protection, it made trafficking victims eligible for federal benefits regardless of immigration status and created immigration pathways, including the T visa. The prosecution provisions added new federal crimes for forced labor, sex trafficking, and trafficking of children, along with mandatory restitution and asset forfeiture.
Subsequent legislation has continued updating victim services, prevention programs, and federal anti-trafficking efforts. The Trafficking Victims Prevention and Protection Reauthorization Act of 2022 became Public Law 117-348 on January 5, 2023. The official compiled TVPA has since been amended through Public Law 119-73, the Trafficking Survivors Relief Act, enacted on January 23, 2026.
Key Takeaway: The TVPA uses a three-pronged framework, Prevention, Protection, and Prosecution, to fight human trafficking at every level. Since 2000, Congress has reauthorized the law multiple times, expanding victim protections, adding a civil lawsuit right, and increasing criminal penalties with each update.
Who Qualifies as a Trafficking Victim Under the TVPA?
The TVPA covers victims of “severe forms of trafficking in persons,” a term that includes both sex trafficking and labor trafficking. The legal definitions determine who can access immigration benefits, federal services, and other protections under the law.
What Is Sex Trafficking Under Federal Law?
Under 18 U.S.C. § 1591, sex trafficking occurs when a person is recruited, harbored, transported, or obtained for a commercial sex act through force, fraud, or coercion. A “commercial sex act” means any sex act in which something of value is given to or received by any person.
For minors under 18, the law is broader. Any person under 18 who is induced to perform a commercial sex act is automatically considered a trafficking victim, regardless of whether force, fraud, or coercion was involved. This distinction is critical because it means a minor does not need to prove they were threatened or deceived to qualify for TVPA protections.
What Is Labor Trafficking Under Federal Law?
Labor trafficking involves recruiting, harboring, or obtaining a person for labor or services through force, fraud, or coercion. Under 18 U.S.C. § 1589, forced labor includes situations where a person performs work because of threats of serious harm, physical restraint, or abuse of the legal process.
The TVPA also covers debt bondage and involuntary servitude. Debt bondage occurs when a trafficker requires a victim to work to pay off a real or claimed debt under terms the victim cannot reasonably fulfill. Involuntary servitude, prohibited under 18 U.S.C. § 1584, involves compelling someone to work through the use or threatened use of physical or legal coercion.
Key Takeaway: The TVPA covers two main categories, sex trafficking and labor trafficking. Minors exploited in commercial sex acts qualify as trafficking victims automatically, without proof of force, fraud, or coercion. Adults must demonstrate that one of these elements was used to compel them.
What Is a T Visa and How Does It Protect Survivors?
The T non-immigrant visa was created by the TVPA to provide immigration relief specifically for trafficking survivors. According to U.S. Citizenship and Immigration Services (USCIS), the T visa allows qualifying victims to remain in the United States for an initial period of up to four years. Principal T-1 holders may later apply for lawful permanent residence after three years of continuous physical presence in T status, or after the trafficking investigation or prosecution is complete if that period is shorter, provided they meet the other requirements.
Congress set an annual cap of 5,000 T visas per fiscal year. This cap applies only to principal applicants; it does not count derivative visas issued to family members.
Who Is Eligible for a T Visa?
To qualify for T nonimmigrant status, an applicant must meet the core eligibility requirements below, including admissibility or a waiver of inadmissibility.
- Victim of severe trafficking: The applicant must be or have been a victim of a severe form of trafficking as defined by the TVPA.
- 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.
- Law enforcement cooperation, exemption, or exception: The applicant must have complied with any reasonable law enforcement request for assistance, unless the applicant qualifies for the minor-victim exemption or a trauma-based exception.
- Extreme hardship: The applicant must show that removal from the United States would cause extreme hardship involving unusual and severe harm.
- Admissibility or waiver: The applicant must be admissible to the United States or obtain a waiver of applicable inadmissibility grounds.
Can T Visa Holders Bring Family Members to the U.S.?
Yes. T visa holders can petition for derivative T visas for certain family members. Principal applicants who are 21 or older may generally petition for a spouse and children. Principal applicants under 21 may generally petition for a spouse, children, parents, and unmarried siblings under 18. Regardless of age, a principal applicant may also be able to apply for certain family members who face a present danger of retaliation because of the applicant’s escape from trafficking or cooperation with law enforcement.
Derivative T visa holders may receive their own T-2, T-3, T-4, T-5, or T-6 status, but their status depends on the principal applicant being granted and maintaining T-1 status. Derivative family members may apply for employment authorization; they are not automatically work-authorized in the same way as principal T-1 holders.
Is Law Enforcement Certification Required for a T Visa?
No. USCIS does not require Form I-914, Supplement B, to approve T nonimmigrant status. However, adult applicants generally must still show that they complied with any reasonable law enforcement request for assistance, unless they qualify for the minor-victim exemption or a trauma-based exception. Form I-914B can help prove cooperation, but it is optional evidence.
A range of federal, state, tribal, and local law enforcement agencies can sign Form I-914B, including the FBI, local police departments, district attorneys’ offices, and DHS. The standard is “reasonable” compliance; the applicant does not need to have participated in a trial or secured a conviction.
Because Form I-914B is optional, there is no certification waiver. Instead, USCIS recognizes exceptions to the cooperation requirement: applicants who were under 18 when at least one trafficking act occurred, and applicants who cannot cooperate because of physical or psychological trauma, are not required to comply with reasonable law enforcement requests.
Key Takeaway: T visa applicants generally must show cooperation with reasonable law enforcement requests unless a minor-victim exemption or trauma-based exception applies. Form I-914B can support the application, but USCIS treats it as optional evidence, not a required form.
T Visa Immigration Attorney in New York – Shankar & Associates PC
Rajat Shankar, Esq.
Rajat (Raj) Shankar is a New York T visa immigration attorney whose practice 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. He 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 (2008). He was admitted to the New York Bar in 2013.
Raj has experience across all areas of immigration law, including Cancellation of Removal, Asylum, Deportation Defense, and Employment-Based Immigration for both immigrant and non-immigrant cases. His personal understanding of the immigration system drives his commitment to guiding clients through complex processes like T visa applications, TVPA benefit certification, and humanitarian relief on Long Island and throughout New York.
What Benefits Can Trafficking Victims Receive Under the TVPA?
Trafficking survivors who receive certification from the U.S. Department of Health and Human Services (HHS) can access federally funded benefits on the same basis as refugees, regardless of immigration status. The Office on Trafficking in Persons (OTIP) within HHS issues these certifications for adult victims of severe trafficking.
Certified survivors can access a wide range of assistance, including the programs listed below:
- Medicaid and health insurance coverage
- Supplemental Nutrition Assistance Program (SNAP) benefits
- Housing and rental assistance
- Employment services and job training programs
- Legal services and case management
- Mental health counseling and medical care
- Refugee Cash Assistance and Matching Grant programs
For foreign national minors, HHS’s Office on Trafficking in Persons (OTIP) issues Eligibility Letters or Interim Assistance Letters rather than adult Certification Letters, serving the same purpose of making the minor eligible for federal benefits and services. This distinction in process does not affect the minor’s access to available programs.
HHS certification for adult foreign national trafficking survivors is separate from final T visa approval. HHS may issue a Certification Letter after DHS grants Continued Presence, grants T nonimmigrant status, or determines that a bona fide T visa application has not been denied. Minors receive eligibility letters rather than adult Certification Letters.
Key Takeaway: Eligible trafficking survivors with HHS certification may access certain federal and state public benefits and services. Employment authorization may also be available through T visa status, Continued Presence, or related immigration protections.
What Are the Criminal Penalties for Traffickers Under the TVPA?
Federal law imposes severe criminal penalties on individuals convicted of human trafficking offenses. The specific penalty depends on the type of trafficking, the victim’s age, and whether aggravating factors are present.
| Offense | Federal Statute | Maximum Penalty |
| Sex trafficking by force, threats of force, fraud, or coercion | 18 U.S.C. § 1591(b)(1) | 15 years to life imprisonment |
| Sex trafficking of a child under 14, or sex trafficking of a minor by force, threats, fraud, or coercion | 18 U.S.C. § 1591(b)(1) | 15 years to life imprisonment |
| Sex trafficking of a minor age 14 to 17 without force, fraud, or coercion | 18 U.S.C. § 1591(b)(2) | 10 years to life imprisonment |
| Forced labor | 18 U.S.C. § 1589 | Up to 20 years imprisonment |
| Forced labor resulting in death, kidnapping, aggravated sexual abuse, or attempted killing | 18 U.S.C. § 1589(d) | Any term of years or life imprisonment |
| Document servitude (confiscating immigration documents) | 18 U.S.C. § 1592 | Up to 5 years imprisonment |
In addition to prison time, federal courts must order traffickers to pay full restitution to their victims and can seize assets used in or gained from trafficking through forfeiture proceedings. These financial consequences are mandatory upon conviction and apply in addition to any prison sentence imposed.
The TVPA also provides a civil cause of action under 18 U.S.C. § 1595, allowing trafficking survivors to file a civil lawsuit in federal court to recover damages. In Moore v. Rubin, No. 24-2018 (2d Cir. 2025), a jury awarded each plaintiff $500,000 in compensatory damages under the TVPA’s civil provisions.
Key Takeaway: Federal trafficking penalties vary by offense. Forced labor generally carries up to 20 years, with life imprisonment possible for aggravated cases. Sex trafficking under 18 U.S.C. § 1591 can carry mandatory minimum sentences of 10 or 15 years and a maximum of life imprisonment, depending on the victim’s age and whether force, fraud, or coercion was used.
How Does New York State Law Work Alongside the TVPA?
New York has its own anti-trafficking statutes that complement federal TVPA protections. Under New York Penal Law § 135.35, labor trafficking occurs when a person compels another to provide labor or services through physical force, threats, or abuse of the legal process. Sex trafficking is defined under New York Penal Law § 230.34 and includes compelling or inducing a person to engage in prostitution.
New York’s Safe Harbour Act provides additional protection for minors. Under this law, children found in prostitution-related situations are treated as trafficking victims rather than criminals, directing them toward services rather than prosecution.
For survivors in Nassau County and on Long Island, state and federal protections can overlap. A person may qualify for both a federal T visa and state-level victim services simultaneously. New York’s Human Trafficking Intervention Courts provide specialized, trauma-informed proceedings for justice-involved trafficking survivors and connect eligible participants with services through specially trained judges, judicial monitoring, and linkages to service providers.
Key Takeaway: New York has parallel anti-trafficking statutes, including Penal Law § 135.35 for labor trafficking, § 135.37 for aggravated labor trafficking, § 230.34 for sex trafficking, and § 230.34-a for sex trafficking of a child. The Safe Harbour Act treats sexually exploited minors as victims rather than offenders, and survivors in New York may qualify for both federal T visa protections and state-level services.
How Do You Apply for a T Visa in New York?
New York applicants use the same federal T visa process as applicants in other states. The process begins by filing Form I-914, Application for T Nonimmigrant Status, with USCIS at the current filing address listed on the official USCIS Form I-914 page. The application package typically includes the following required and optional components:
- Form I-914: The main application form identifying the applicant and the trafficking situation
- Personal statement: A detailed narrative describing the trafficking experience, how you were recruited, what happened, and how you escaped or were identified
- Form I-914, Supplement B: Optional law enforcement declaration, if available. If it is not available, applicants may submit other credible evidence showing cooperation, exemption, or exception
- Evidence of extreme hardship: Documentation showing why removal from the U.S. would cause unusual and severe harm
- Form I-765: Application for Employment Authorization Document (EAD), which can be filed simultaneously
Upon approval, T-1 visa holders receive work authorization incident to status and permission to remain in the United States for up to four years.
What Evidence Strengthens a T Visa Application?
Strong supporting evidence can improve the chances of approval. Useful documentation includes police reports, medical records documenting injuries or trauma, psychological evaluations, photographs, text messages or communications with the trafficker, pay stubs showing exploitation, and affidavits from witnesses.
Third-party declarations are particularly valuable. Statements from social workers, counselors, or community organizations that have worked with the applicant can corroborate the personal statement and support the survivor’s credibility before USCIS.
Key Takeaway: A T visa application generally includes Form I-914, a detailed personal statement, evidence supporting the trafficking claim, and documentation showing cooperation with law enforcement or an applicable exemption or exception.
Experienced Legal Help in Understanding Your Rights Under the TVPA
Trafficking survivors face legal, emotional, and practical challenges that require experienced guidance. Rajat Shankar at Shankar & Associates PC handles T visa applications, TVPA benefit certification, and related immigration matters for survivors on Long Island and throughout New York. Our team coordinates T visa filings and related immigration documentation with USCIS and works with law enforcement agencies when appropriate to request Form I-914B declarations and other evidence of cooperation.
Call Shankar & Associates PC at (800) 461-1467 for a confidential consultation. Our office is located at 518 Plainview Rd in Plainview, New York, and we serve clients across Long Island, Nassau County, and the greater New York metropolitan area.
Frequently Asked Questions About the TVPA
Do I need to be a U.S. citizen to be protected by the TVPA?
No. The TVPA protects all trafficking victims in the United States regardless of immigration status. The T visa was specifically created for foreign nationals who are victims of severe trafficking and may have no other lawful status.
What is the difference between a T visa and a U visa?
A T visa is for victims of severe forms of human trafficking. A U visa is for victims of other qualifying crimes, such as domestic violence, sexual assault, or robbery, who suffered substantial abuse and cooperated with law enforcement. Both provide temporary legal status and a path to a green card, but the eligibility requirements differ.
Can I apply for a T visa without cooperating with police?
Adult applicants generally must show that they complied with reasonable law enforcement requests unless they qualify for an exemption or exception. Applicants who were under 18 when at least one trafficking act occurred, or who cannot cooperate because of physical or psychological trauma, are not required to comply. Form I-914B is optional evidence and is not required.
How long does a T visa application take to process?
Processing times vary and can change with USCIS workload. Applicants should check the USCIS processing-time tool for current Form I-914 estimates. Applicants with bona fide T visa applications may be considered for deferred action and may file for employment authorization if they have not already done so.
Can my family members come to the U.S. on a T visa?
Yes. Adult applicants (21 and older) can petition for a spouse and children. Applicants under 21 can also petition for parents and unmarried siblings under 18 through derivative T visas.
What happens if a derivative family member turns 21?
T visa regulations include age-out protections. For example, a child who was under 21 when the principal applicant filed Form I-914 may remain eligible even if the child turns 21 while the principal application is pending. Similar protections may apply to parents and unmarried siblings when the principal applicant filed before turning 21.
Can trafficking victims sue their traffickers for monetary damages?
Yes. Under 18 U.S.C. § 1595, trafficking survivors can file a civil lawsuit in federal court with a 10-year statute of limitations. In Moore v. Rubin, No. 24-2018 (2d Cir. 2025), plaintiffs each received $500,000 in compensatory damages under the TVPA’s civil provisions. The civil remedy is available regardless of whether a criminal conviction has been obtained, and it can be pursued simultaneously with or independently of any criminal prosecution.
Are there New York organizations that help trafficking survivors?
Yes. Resources include the New York State Office of Temporary and Disability Assistance (OTDA), the National Human Trafficking Hotline (1-888-373-7888), local legal aid societies, and New York’s Human Trafficking Intervention Courts. An immigration attorney can help coordinate these resources alongside your T visa application.