Form I-914 guide: Application for T Nonimmigrant Status (T visa)

Wang Law Firm, LLC · David Wang, Managing Attorney · Attorney-reviewed · Updated October 2026

Form I-914's official title is Application for T Nonimmigrant Status, commonly called the "T visa application," and it is decided by U.S. Citizenship and Immigration Services (USCIS). The T visa was created by the Trafficking Victims Protection Act of 2000 (TVPA); the legal basis is Immigration and Nationality Act (INA) 101(a)(15)(T). It protects victims of severe forms of trafficking in persons, including people forced into commercial sex or labor.

The T visa can only be requested by someone physically present in the United States (or American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry); there is no way to apply directly at a consulate. Once approved, the principal applicant receives T status for up to 4 years with work authorization, and eligible family members can receive derivative status through Supplement A; after 3 years in T status (or when the investigation or prosecution is complete, whichever is shorter), the applicant may apply for a green card through Form I-485. On April 30, 2024, the Department of Homeland Security published a new T visa final rule, effective August 28, 2024, that made many changes to how the requirements are interpreted and how cases are processed.

At a glance

Item	Details
Official title	Form I-914, Application for T Nonimmigrant Status
Agency	USCIS (USCIS has exclusive jurisdiction over T status; for family members abroad, a U.S. embassy or consulate issues the visa after approval)
Who files	The victim of a severe form of trafficking, who must be present in the United States or another statutory location on account of trafficking
Main supplements	Supplement A: for qualifying family members (Application for Family Member of T-1 Recipient); Supplement B: victim declaration from a law enforcement agency (Declaration for Trafficking Victim), which is optional evidence
When to file	The law sets no filing deadline; you can file once you are in the United States and eligible
Online filing	Check the current instructions on the official USCIS form page; for the filing address, follow the official "Where to File" instructions (which have changed in recent years)
Common related forms	I-192 (inadmissibility waiver), I-765 (work permit), G-28; later, I-485 for the green card
Official page	uscis.gov/i-914

What is a "severe form of trafficking in persons"

The law's "severe form of trafficking in persons" has two types:

Sex trafficking: recruiting, harboring, transporting, providing, obtaining, patronizing or soliciting a person for a commercial sex act through force, fraud or coercion; or where the person induced to perform the commercial sex act is under 18 (in which case force, fraud or coercion need not be shown).
Labor trafficking: recruiting, harboring, transporting, providing or obtaining a person for labor or services through force, fraud or coercion, for the purpose of subjecting the person to involuntary servitude, peonage, debt bondage or slavery.

Note that trafficking does not require movement across a border. Someone who came to the United States lawfully on a work visa and whose employer then confiscated his or her documents and used debts and threats to force the person to work may also be a victim of labor trafficking. "Coercion" is not limited to physical violence either: threats of serious harm, abuse or threatened abuse of the legal process (for example, threatening to "report you and get you deported"), and debt control may all qualify. The 2024 rule added definitions of "serious harm" and "abuse or threatened abuse of the legal process," among others.

Trafficking is different from smuggling: in smuggling, a person voluntarily pays someone to help him or her cross the border illegally, and the transaction usually ends after the crossing; the core of trafficking is the exploitation and control of a person. If smuggling turns into forced labor or forced prostitution along the way, it may become trafficking; this requires specific analysis.

Statutory requirements

Under INA 101(a)(15)(T)(i), the principal applicant must meet all of the following:

Is or was a victim of a severe form of trafficking in persons.
Is physically present in the United States on account of trafficking (including American Samoa and the Commonwealth of the Northern Mariana Islands) or at a U.S. port of entry. This includes being allowed to enter to participate in the investigation or judicial process of a trafficking case. The 2024 rule clarifies that continuing to suffer harm caused by past trafficking can also count as being present "on account of trafficking"; there are specific rules for people who left the United States and reentered, requiring case-by-case evaluation.
Cooperation with law enforcement: has complied with reasonable requests for assistance from law enforcement in the investigation or prosecution of trafficking. Exceptions:
- Under 18 at the time of victimization;
- Unable to cooperate due to physical or psychological trauma caused by trafficking (trauma exception), with supporting evidence.
Would suffer extreme hardship involving unusual and severe harm if removed. This standard is higher than the "extreme hardship" in ordinary waivers. Factors considered include age and personal circumstances, serious physical or mental illness requiring medical care unavailable in the home country, the likelihood of retaliation by traffickers, and the home country's laws and social practices that punish or discriminate against victims. The 2024 rule clarifies that hardship to third parties counts only to the extent it results in hardship to the applicant.

In addition, the applicant must be admissible or obtain a waiver. The public charge ground of inadmissibility does not apply to T applicants, and there is a special broad waiver: under INA 212(d)(13), USCIS may waive health-related grounds when it is in the national interest; for most other grounds (except a small number such as security-related grounds), it may also grant a waiver if the conduct causing inadmissibility was caused by or incident to the trafficking (for example, forced prostitution, or immigration violations resulting from being trafficked). Inadmissibility issues unrelated to the trafficking may need to be addressed under other waiver provisions. All waivers are requested on Form I-192 and are discretionary decisions.

The following generally do not qualify: people who themselves participated in trafficking others (even if they were also victims; requires case-by-case analysis); people whose trafficking ended and who reentered the United States much later for other reasons (requires case-by-case analysis of the "present on account of trafficking" requirement); and people whose situation is only a wage dispute or poor working conditions, without forced labor caused by force, fraud or coercion.

Supplement B: law enforcement declaration (optional)

Supplement B (Declaration for Trafficking Victim) is signed by a federal, state, local or tribal law enforcement agency and states that the applicant is a trafficking victim and has cooperated with the investigation. Unlike the U visa, the T visa does not require a law enforcement declaration. The 2024 rule reaffirms that Supplement B is optional evidence, not required initial evidence, and that USCIS gives it no special evidentiary weight; applicants may use "any credible evidence" to prove victimization and cooperation with law enforcement.

Even so, obtaining a Supplement B is still strong evidence. Without a law enforcement declaration, cooperation can be shown with materials such as records of reporting to law enforcement, records of communications with investigators, records of testifying in court, and the applicant's own detailed statement explaining how the report was made and what assistance was given; if law enforcement never contacted the applicant, the statement should say so.

The certifying agency may be notified or contacted while USCIS reviews the case. If the applicant later unreasonably refuses a reasonable request from law enforcement, it may affect a future green card application.

Supplement A: applying for family members

The principal applicant may file Supplement A for "qualifying family members," who receive derivative T-2 through T-6 status once approved. Eligible family members:

Situation	Eligible family members
Principal under 21	Spouse, unmarried children under 21, parents, unmarried siblings under 18
Principal 21 or older	Spouse, unmarried children under 21
Regardless of the principal's age, family members facing a present danger of retaliation because the principal escaped trafficking or cooperated with law enforcement	Parents, unmarried siblings under 18, and the adult or minor children of derivative family members

Family members can be included when the I-914 is filed, or after the principal is approved, while the principal's T status is valid.
Age is generally determined as of the date the principal files the I-914; the regulations provide some protection for children who turn 21, among others, and the details need to be checked.
Family members abroad apply for T visas at a U.S. embassy or consulate after Supplement A is approved; family members in the United States file an I-765 for a work permit after approval.
Family members do not count toward the annual T visa cap.

Main changes in the 2024 final rule (verified points)

On April 30, 2024, the Department of Homeland Security published the T visa final rule in the Federal Register (89 FR 34864), effective August 28, 2024. According to the Federal Register text, the main changes include:

Bona fide determination (BFD) codified: the new rule sets out the bona fide determination process at 8 CFR 214.205. For applications filed on or after August 28, 2024, an application can be found bona fide if it is properly filed and complete, includes a personal statement signed by the applicant, and initial background checks raise no national security concerns. Applicants found bona fide who have filed an I-765 may receive deferred action and a work permit. If an application does not pass the initial review, USCIS conducts a full eligibility review.
New and revised definitions: adds definitions such as "serious harm," "abuse or threatened abuse of the legal process," and "incapacitated or incompetent"; the definition of law enforcement agency expressly includes tribal law enforcement agencies.
Evidentiary standard: retains the "any credible evidence" standard and expressly adopts the "preponderance of the evidence" standard of proof.
"Physical presence" requirement: clarifies that continuing to suffer harm caused by past trafficking can also constitute presence on account of trafficking.
Family member definitions: revises the "present danger of retaliation" language to conform to the statute.
Travel and adjustment: T status holders must obtain advance parole before traveling abroad in order to maintain status and preserve eligibility for adjustment of status under INA 245(l).
Cooperation determination at adjustment: removes the requirement of a certification letter from the Attorney General; applicants must show USCIS that they complied with reasonable requests for assistance.
Other: removes the requirement that law enforcement declarations list the results of database checks; the regulations are restructured into a separate subpart under 8 CFR part 214.

Tips for completing the form

Personal information and entry records: entry dates, manner of entry, documents used and names must match CBP records. If you were forced to enter using someone else's documents or false documents while being trafficked, say so truthfully and explain the connection to the trafficking in your statement.
Eligibility questions: answer each item on victimization, the reason you are in the United States, cooperation with law enforcement, and hardship upon removal. If you are claiming the under-18 or trauma exception, check it clearly and attach evidence.
Inadmissibility questions: answer truthfully. Unlawful acts connected to the trafficking must also be disclosed, but explain their connection to the trafficking in your statement and the I-192.
Family member information: list family members as required, even if you are not filing Supplement A for them now.
Signature: unsigned forms are rejected. Use the current edition stated on the official USCIS page.

Evidence and documents to prepare

A personal statement signed by the applicant, describing in detail how you were recruited, transported, controlled and exploited, how you escaped, and your contact with law enforcement; this is required for the BFD review;
Supplement B (if obtainable);
Police reports, correspondence with law enforcement, court documents;
Third-party evidence: letters from social workers, shelters, doctors and counselors, witness statements, news reports;
Evidence of labor or sexual exploitation: contracts, wage records, debt records, communications, photos, etc.;
Evidence of extreme hardship: medical and psychological evaluations, country condition reports, evidence of retaliation threats;
Identity documents; if there are inadmissibility issues, Form I-192 and supporting materials; for family members, Supplement A and proof of the relationship.

Foreign-language documents must include a complete English translation and a translator's certification; see Translation requirements for immigration documents.

How to file and fees

The fee and fee-exemption rules for the I-914 and related forms differ from ordinary applications and have also changed in recent years, so rely on the official fee schedule: USCIS Fee Schedule G-1055; see also How to check fees and processing times. The filing address has changed in recent years; always follow the instructions on the official I-914 page at the time you file.

What happens after filing

Receipt notice (I-797C); you can check the status online (see How to check your USCIS case status). If the applicant is under 18, USCIS notifies the Department of Health and Human Services (HHS) as required by law.
Biometrics.
Bona fide determination or full review; you may receive a Request for Evidence along the way (see How to respond to an RFE), and an interview may be scheduled.
Approval: the principal receives T-1 status with work authorization upon approval; family members in the United States apply separately for work permits after approval; family members abroad apply for visas at a consulate.

For processing times, see USCIS processing times.

Recent changes: On May 8, 2026, USCIS issued a policy alert (PA-2026-01) that characterizes deferred action in the Policy Manual as an "extraordinary" exercise of prosecutorial discretion decided case by case; its effect on deferred action after a T visa bona fide determination remains to be seen. ICE's January 2025 enforcement guidance on victim-based applicants (Policy 11005.4) is the subject of a federal class action (Immigration Center for Women and Children v. Noem); on May 20, 2026 the court granted a preliminary injunction in part, and the case is ongoing. Verify the latest rules before filing.

Annual cap, duration and getting a green card

Under INA 214(o)(2), T status may be granted to at most 5,000 principal applicants each fiscal year; family members do not count. T status lasts up to 4 years and can be extended where law enforcement certifies it is needed, where there are exceptional circumstances, or where an adjustment of status application has been filed, among other situations.

Under INA 245(l), the main requirements for a T status holder to get a green card are:

3 years of continuous physical presence in the United States since first admission in T status (or grant of T status); or continuous presence during the investigation or prosecution of the trafficking case, with the investigation or prosecution complete, whichever period is shorter;
Good moral character during that period;
Compliance with reasonable requests for assistance from law enforcement; or extreme hardship involving unusual and severe harm upon removal; cooperation is not required for those who were under 18 at the time of victimization;
Admissible or granted a waiver; adjustment is a discretionary decision.

Family members may apply for green cards together as derivatives. Before traveling abroad prior to adjustment, you must first obtain advance parole; otherwise you may lose your status and eligibility.

Common reasons for denial and options afterward

Force, fraud or coercion cannot be shown, and the case is treated as an ordinary labor dispute or smuggling;
Presence in the United States "on account of trafficking" cannot be shown, for example because of multiple trips in and out after the trafficking ended;
No cooperation with law enforcement and no applicable exception, or insufficient evidence;
Evidence of hardship upon removal does not meet the "unusual and severe harm" standard;
Serious inadmissibility issues, with the I-192 denied;
The personal statement contradicts other evidence, raising credibility concerns.

After an I-914 denial, you may file an appeal with the Administrative Appeals Office (AAO) or a motion within the deadline using Form I-290B. Anyone left without lawful status after a denial may face enforcement risk and should consult an attorney promptly.

T visa compared with the U visa

Item	T visa (I-914)	U visa (I-918)
Who is protected	Victims of severe forms of human trafficking	Victims of more than twenty categories of qualifying crimes (including trafficking)
Law enforcement certification	Supplement B optional	Supplement B required
Cooperation with law enforcement	Comply with reasonable requests; exceptions for those under 18 at the time of victimization or due to trauma	Must have been, be, or be likely to be helpful
Harm or hardship requirement	Extreme hardship involving unusual and severe harm upon removal	Substantial physical or mental abuse resulting from the crime
Where to apply	Must be in the United States or another statutory location	Can file from abroad
Annual cap	5,000 principals	10,000 principals, with a long-standing backlog
Green card	3 years or end of investigation (whichever is shorter)	3 years

Trafficking victims often also qualify for a U visa. The T visa faces less pressure from the annual cap and does not require a law enforcement certification, but its "physical presence" and "extreme hardship" requirements are stricter. Which path to choose, or whether to file both, needs to be decided by an attorney based on the evidence. For details, see I-918 U visa.

Frequently asked questions

I came to the United States lawfully on a work visa. Could I still be a trafficking victim?

Possibly. Trafficking does not require unlawful entry or movement across a border. If an employer or recruiter forced you to work by confiscating your documents, controlling you through debt, or threatening deportation or harm, it may be labor trafficking. Whether it is depends on the specific facts.

I never reported it to the police. Can I apply for a T visa?

In principle, the T visa requires compliance with reasonable requests from law enforcement, but there are exceptions for those under 18 at the time of victimization or unable to cooperate because of trauma. Also, "cooperation" refers to responding to reasonable requests; if you are willing to cooperate but law enforcement has not contacted you, explain that in your statement. Before applying, it is generally advisable to evaluate, with an attorney's help, whether and how to contact law enforcement.

Law enforcement will not sign Supplement B. Will that hurt my application?

Supplement B is not required. Without it, you can prove victimization and cooperation with other credible evidence. However, cases with a law enforcement declaration usually have stronger evidence.

Can I work while my T visa application is pending?

You can work after receiving a bona fide determination (BFD) and being granted deferred action and a work permit. Once T status is formally approved, the principal has work authorization by law. Deferred action policy has changed in recent years; check current official rules.

Can I visit my home country in T status?

You must first obtain advance parole before leaving; otherwise you may lose T status and eligibility to adjust to a green card later. Returning to your home country may also be seen as weakening your claim of "extreme hardship upon removal." Always consult an attorney first.

My parents and siblings back home are being threatened by the traffickers. Can I bring them here?

If they face a present danger of retaliation because you escaped or cooperated with law enforcement, your parents and unmarried siblings under 18 may be able to apply through Supplement A regardless of your age. You will need evidence that the threat exists.