Am I eligible for a T-visa?
You may be eligible for a T-visa if you:
- Are a victim of severe human trafficking;
- Would face extreme hardship if forced to leave the United States; and
- Are willing to assist law enforcement prosecute the people responsible.*
To obtain a T-visa, you must prove on your application that you meet all of the following four requirements:
(1) You are or have been the victim of a severe form of human trafficking;
(2) You are in the United States, American Samoa, or at a port-of-entry to the United States or American Samoa because of human trafficking;
(3) You would suffer extreme hardship if removed or forced to leave; and
(4) You satisfy one of the following three conditions:
- You have cooperated and are willing to cooperate with reasonable requests for assistance by federal, state, or local law enforcement in investigating or prosecuting crimes related to human trafficking; or
- You are excused by the attorney general from failing to cooperate with reasonable requests for assistance by federal, state, or local law enforcement in investigating or prosecuting crimes related to human trafficking because of physical or psychological trauma; or
- You are under 18 years of age.*
Note: These above requirements are defined and explained in more detail in the next section, Explanation of eligibility requirements.
* 8 U.S.C. § 1101(a)(15)(T)(i)(I)-(IV)
I think I am eligible for a T-visa. Will I definitely get one if I apply?
Not necessarily. There is a limit on the number of T-visas available nationally (5,000), which means that even if you satisfy all of the requirements, you could still be denied a T-visa. If you are otherwise qualified to receive a T-visa, but are denied one because of the limit, then you will be placed on a waiting list.* For more information on how to apply for a T-visa, see How do I apply for a T-visa?
* 8 C.F.R. § 214.11(m)