A severe form of trafficking in persons is defined as: 1) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion or in which the person induced to perform such an act is under 18 years of age; or 2) 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 subjecting that person to involuntary servitude, peonage, debt bondage, or slavery. A victim of a severe form of trafficking in persons may be eligible for immigration relief under U.S. immigration law, specifically for T nonimmigrant status or a T visa. T nonimmigrant status allows certain victims of a severe form of trafficking in persons to remain in the United States if they have complied with any reasonable request for assistance from law enforcement in the detection, investigation, or prosecution of human trafficking or qualify for an exemption or exception.
Noncitizens seeking T-1 nonimmigrant status must be physically present in the United States due to their trafficking. Therefore, U.S. Embassies and Consulates abroad do not issue T-1 visas but may issue visas to qualifying family members (derivatives) of T-1 applicants or nonimmigrants. The purpose of this webpage is to explain the visa application process at U.S. embassies and consulates abroad for qualifying family members of trafficking victims.
To receive T-1 nonimmigrant status, you must meet all eligibility requirements and must comply with the filing requirements for the Form I-914, Application for T Nonimmigrant Status set forth by U.S. Citizenship and Immigration Services (USCIS). To be eligible, you must be in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a U.S. port of entry due to trafficking, or you must have been allowed entry into the United States for participation in investigative or judicial processes associated with an act or perpetrator of trafficking. You must also demonstrate that you are admissible or eligible for a waiver.
You may apply for T-1 nonimmigrant status by filing a Form I-914, Application for T Nonimmigrant Status, with USCIS. Applications for T-1 nonimmigrant status must be filed with USCIS and will not be accepted at U.S. embassies or consulates abroad. For important detailed information on eligibility and how to apply for T-1 nonimmigrant status, visit the USCIS Victims of Human Trafficking: T Nonimmigrant Status webpage.
USCIS notifies applicants of their approved Form I-914 via Form I-797, Notice of Action.
As a T-1 nonimmigrant status applicant, you may apply for certain qualifying family members when you file your application, or later, with USCIS. Depending on your age, you can apply for the following qualifying family members:
If you are: |
Then you may apply for your: |
|---|---|
under age 21, |
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age 21 or older, |
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Any age, if your family member faces a present danger of retaliation as a result of your escape from trafficking or your cooperation with law enforcement, |
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If you are a qualifying family member of a T-1 principal applicant or T-1 nonimmigrant status holder, they may file for derivative T nonimmigrant status for you. The T-1 principal applicant or T-1 nonimmigrant status holder must file Form I-914, Supplement A, Application for Immediate Family Member of T-1 Recipient, directly with USCIS, regardless of where you are currently located. Before USCIS approves Form I-914, Supplement A, qualifying family members aged 14-79 will receive a Notice of Action instructing them to go to the nearest USCIS office for fingerprinting. If you are outside the United States, you must submit fingerprints at the nearest USCIS office. If there is no USCIS office in your country, you must go to a U.S. embassy or consulate to have fingerprints taken. Check the embassy or consulate website for instructions for requesting a fingerprinting appointment for a Form I-914, Supplement A, Application for Immediate Family Member of T-1 Recipient. Contact the Nonimmigrant Visa section if you have questions, and be sure to specify that you need fingerprints collected as part of a Form I-914, Supplement A. There is no fee for this fingerprinting service. Do not wait for the U.S. embassy or consulate to contact you.
USCIS will inform the T-1 principal applicant in writing when your Form I-914, Supplement A, filed on your behalf is approved or denied. If approved, the T-1 principal applicant will receive a notice of approval on Form I-797, Notice of Action, from USCIS stating the Form I-914, Supplement A, filed on your behalf has been approved. If denied, the T-1 principal applicant will receive a letter explaining why the Form I-914, Supplement A filed on your behalf did not establish eligibility for the benefit.
Effective immediately, U.S. embassies and consulates will adjudicate visa applications that are based on a same-sex marriage in the same way that we adjudicate applications for opposite gender spouses. Please reference the specific guidance on the visa category for which you are applying for more details on documentation required for derivative spouses. For further information, please see our FAQs.
There are several steps to apply for a visa. The order of these steps and how you complete them may vary at the U.S. embassy or consulate where you apply. Please consult the instructions available on the embassy or consulate website where you will apply.
If USCIS approves your Form I-914, Supplement A, Application for Family Member of T-1 Recipient, and you are outside of the United States, you must apply for a T visa at a U.S. embassy or consulate, generally in your country of permanent residence. You may schedule your visa appointment immediately upon receiving the Form I-797 from USCIS stating your Form I-914, Supplement A, has been approved. Do not wait for the U.S. embassy or consulate to contact you.
While interviews are generally not required for applicants of certain ages outlined above, consular officers have the discretion to require an interview of any applicant, regardless of age.
If you are age: |
Then an interview is: |
|---|---|
13 and younger |
Generally, not required |
14-79 |
Required (some exceptions) |
80 and older |
Generally, not required |
You must schedule an appointment for your visa interview, generally, at the U.S. embassy or consulate in the country where you live. You may schedule your interview at any U.S. embassy or consulate but be aware that it may be difficult to qualify for a visa outside of your place of permanent residence.
Wait times for interview appointments vary by location, season, and visa category, so you should apply for your visa early. Review the interview wait time for the location where you will apply:
Check the estimated wait time for a nonimmigrant visa interview appointment at a U.S. Embassy or Consulate.
Note: Please check the individual Embassy or Consulate website to determine if your case is eligible for a waiver of the in-person interview.
Applicants scheduling visa appointments in a location different from their place of residence should check post websites for nonresident wait times.
| Nonimmigrant Visa Type | Appointment Wait Time |
|---|---|
| Interview Required Students/Exchange Visitors (F, M, J) | -- days |
| Interview Required Petition-Based Temporary Workers (H, L, O, P, Q) | -- days |
| Interview Required Crew and Transit (C, D, C1/D) | -- days |
| Interview Required Visitors (B1/B2) | -- days |
| Interview Waiver Students/Exchange Visitors (F, M, J) | -- days |
| Interview Waiver Petition-Based Temporary Workers (H, L, O, P, Q) | -- days |
| Interview Waiver Crew and Transit (C, D, C1/D) | -- days |
| Interview Waiver Visitors (B1/B2) | -- days |
Application Fee
$185
Each applicant for a T-2, T-3, T-4, T-5, or T-6 nonimmigrant visa must gather and prepare the following required documents before the visa interview:
Review the instructions for how to apply for a visa on the website of the embassy or consulate where you will apply. Additional documents may be requested to establish if you are eligible for a T visa.
During your visa interview, a consular officer will determine whether you are eligible to receive a T visa, and if so, which visa category is appropriate based on your purpose of travel. You will need to establish that you meet the requirements under U.S. law to receive the category of visa for which you are applying.
Ink-free, digital fingerprint scans will be taken as part of your application process. They are usually taken during your interview, but this varies based on location.
After your visa interview, your application may require further administrative processing. You will be informed by the consular officer if further processing is necessary for your application.
When the visa is approved, you may pay a visa issuance fee if applicable to your nationality, and will be informed how your passport with visa will be returned to you. Review the visa processing time, to learn how soon your passport with visa will generally be ready for pick-up or delivery by the courier.
A visa allows a foreign citizen to travel to a U.S. port of entry (generally an airport) and request permission to enter the United States. A visa does not guarantee entry into the United States. The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) officials at the port of entry have authority to permit or deny admission to the United States. If you are allowed to enter the United States, the CBP official will provide an admission stamp. Applicants applying for entry to the United States will also be provided a Form I-94, Arrival/Departure record. Learn more about admissions and entry requirements, restrictions about bringing food, agricultural products, and other restricted/prohibited goods, and more by reviewing the CBP website.
T nonimmigrants are required to have approval from USCIS to stay beyond the date indicated on their admission stamp or Form I-94. See Extend Your Stay, USCIS Policy Memo PM-602-0032.2, and the USCIS Policy Manual on the USCIS website for more guidance. To apply for an extension of T nonimmigrant status, a T nonimmigrant must file a Form I-539, Application to Extend/Change Nonimmigrant Status.
Failure to maintain T nonimmigrant status will result in you being out of status. Under U.S. law, visas of travelers who are out of status are automatically voided (section 222(g) of the Immigration and Nationality Act). You must depart the United States on or before the date indicated on your admission stamp or Form I-94, unless USCIS approves your request to extend your stay or unless you have filed for adjustment of status.
If you had a multiple-entry visa and it was voided due to you being out of status, it will not be valid for future entries into the United States.
Being out of status may also result in you being ineligible for visas you may apply for in the future. Review Visa Denials and Ineligibilities and Waivers: Laws to learn more.
T-1 parents do not have to be present at visa interviews for T-3 children or other qualifying family members. If only one parent is present at the visa interview, a letter from the other parent expressing consent to visa issuance may be necessary.
Review Visa Denials for detailed information about visa ineligibilities, denials, and waivers.
Victims and qualifying family members applying for T nonimmigrant status must demonstrate that they are admissible to the United States or eligible for a waiver of inadmissibility. If USCIS determines you are inadmissible to the United States, you must file Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, directly with USCIS. The U.S. embassy or consulate cannot issue a visa until USCIS has made a determination on the Form I-192. If approved, USCIS will notify you and the U.S. embassy or consulate where you applied. If you receive notification that your waiver has been approved, follow the “221(g)” instructions on the embassy’s or consulate’s website for how to proceed with your application. Do not wait for the embassy or consulate to contact you.
Whether you are applying for the first time or renewing your visa, you will use the same application process (please review How to Apply, above). Some applicants seeking to renew their visas in certain visa classes may be eligible for interview waiver which allows qualified individuals to apply for visa renewals without being interviewed in person by a U.S. consular officer. Review the instructions on the website of the U.S. Embassy or Consulate where you will apply to determine if interview waiver is available and if you are eligible.
Attempting to obtain a visa by the willful misrepresentation of a material fact, or fraud, may result in the permanent refusal of a visa or denial of entry into the United States.
Citizens of Canada and Bermuda traveling to the United States do not require nonimmigrant visas, except for certain travel purposes. For more information, see Citizens of Canada and Bermuda.
Additional resources for Canadians traveling to the United States can be found on the U.S. Embassy Ottawa website in Canada.
Additional resources for Bermudians traveling to the United States can be found on the U.S. Consulate General Hamilton website.
Information about adjustment of status to a lawful permanent resident is available on the USCIS website under Green Card for a Victim of Trafficking (T Nonimmigrant). T nonimmigrants eligible to adjust status must file Form I-485, Application to Register Permanent Residence or Adjust Status, directly with USCIS.
If USCIS revokes a principal applicant’s T-1 nonimmigrant status, all family members deriving T nonimmigrant status from the revoked T-1 principal applicant will also have their status revoked. In addition, any qualifying family members, whether residing in the U.S. or abroad who are awaiting decisions on their applications for derivative T nonimmigrant status (T-1, T-2, T-3, T-4, T-5, or T-6) will be denied.
In October 2000, the United States Congress created the T nonimmigrant status for victims of human trafficking by passing the Victims of Trafficking and Violence Protection Act (VTVPA). Congress has limited the number of T nonimmigrant visas available to principal victims of trafficking to 5,000 visas per fiscal year. The victim’s qualifying family members do not count towards this annual cap.
| For questions about: | please refer to: | through this website: |
|---|---|---|
| Filing Form I-914, Application for T Nonimmigrant Status, including Supplements A and B | USCIS | USCIS – Victims of Human Trafficking: T Nonimmigrant Status |
| T visa applications for family members at U.S. embassies or consulates outside the United States | the U.S. embassy or consulate with jurisdiction over your family member's place of residence | Websites of U.S. embassies, consulates, and diplomatic missions |
| The United States' global efforts to combat human trafficking | Department of State | Office To Monitor and Combat Trafficking in Persons (J/TIP) |
