Get in touch
949-316-0078
info@santolloydlaw.com
USCIS Expands Access to Work Authorization for T Visa Applicants
Angelica Rice • December 6, 2024
Key Changes to T Visa Process (Effective October 23, 2024)
U.S. Citizenship and Immigration Services (USCIS) recently updated its policy for T visas, which provide protection and legal status to noncitizen victims of severe human trafficking. This update, effective October 23, 2024, introduces key changes that streamline the application process and broaden access to benefits for trafficking survivors. One of the most impactful updates is the new ability for T visa applicants to receive work authorization while their T visa application is still pending.
Immediate Work Authorization Eligibility
In a major shift, T visa applicants can now file for and potentially receive work authorization before their T visa application is approved. Through the new “bona fide determination” process, USCIS assesses basic eligibility at the outset. If an application is deemed “bona fide,” the applicant may be granted deferred action and an Employment Authorization Document (EAD), allowing them to work legally in the U.S. while awaiting full T visa approval. This is a critical step forward, as applicants no longer need to wait until their T visa is approved to receive work authorization.
Additional Policy Highlights
- “Any Credible Evidence” Standard
The policy emphasizes that applicants can submit any form of credible evidence in support of their case. This approach ensures that survivors, who may lack traditional documentation, still have a fair chance to prove their situation. - Victim-Centered and Trauma-Informed Approach
The update reinforces a trauma-informed review process, prioritizing the needs and well-being of trafficking victims and making it more compassionate. - Physical Presence Requirement Flexibility
USCIS now allows certain exceptions to the rule that applicants must remain in the U.S. due to their trafficking situation, providing flexibility for those who may have briefly departed and returned. - Clarified Reporting Requirement
While applicants generally must report their trafficking to law enforcement with jurisdiction over trafficking cases, exceptions exist for individuals unable to report due to age or trauma.
What This Means for Applicants
The T visa offers temporary legal status to certain victims of human trafficking, typically allowing them to stay in the U.S. for an initial period of up to four years. With these updates, the T visa program is now more accessible and supportive, helping survivors gain stability and security sooner.
Need Help with a T Visa Application?
If you or someone you know is a trafficking survivor and may benefit from a T visa, we’re here to help. Contact us today for expert guidance on T visa applications and work authorization, and start your journey to legal protection and stability.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
Angelica Rice
Similar Posts
The T visa is a nonimmigrant visa designed specifically for victims of severe forms of human trafficking. It provides recipients with temporary legal status in the United States, allowing them to live and work in the country for up to four years. This visa not only ensures their safety but also grants access to essential public benefits such as housing assistance and medical care. In the fight against human trafficking, the T visa stands as a crucial tool, offering hope and legal protection to victims who have endured unspeakable hardships. Established under the Victims of Trafficking and Violence Protection Act of 2000 (VTVPA), the T visa aims to shield individuals trafficked into the United States from further exploitation while empowering them to assist law enforcement in prosecuting their traffickers. To establish eligibility for a T visa, the applicant must demonstrate that they: 1. have been a victim of a severe form of trafficking in persons; 2. are physically present in the United States, American Samoa, or at a U.S. port of entry on account of such trafficking; 3. have complied with any reasonable request for assistance in a federal, state, or local investigation or prosecution into acts of trafficking or the investigation of a crime where acts of trafficking are at least one central reason for the commission of that crime, except when the applicant was under 18 years of age at the time of victimization or is unable to cooperate with a request due to physical or psychological trauma; 4. would suffer extreme hardship involving unusual and severe harm upon removal from the United States; and 5. are admissible to the United States or qualify for a waiver of any applicable grounds of inadmissibility. The 2021 revisions to the USCIS Policy Manual, particularly in Volume 3, Part B – Victims of Trafficking, have clarified the broad definition of trafficking. This has facilitated more successful T visa cases without requests for evidence or the need for litigation. Application Process Applying for a T visa involves submitting a comprehensive application package to the United States Citizenship and Immigration Services (USCIS). The core of the application is the Form I-914, which includes: Detailed personal information and history of trafficking victimization. Supporting documentation such as police reports, medical records, and witness affidavits. Evidence of cooperation with law enforcement. Proof of extreme hardship if deported. Once USCIS receives the application, they conduct a thorough review to determine eligibility for the T visa. Upon approval, T visa holders receive temporary legal status in the U.S. for up to four years. During this period, they can rebuild their lives with access to crucial resources and the ability to work legally. Importantly, after three years of continued presence in the U.S. under T visa status, individuals may apply to adjust their status to become lawful permanent residents (green card holders). Navigating the complexities of the T visa application process requires legal expertise and compassionate support. At Santos Lloyd, our dedicated team of attorneys specializes in immigration law, with a focus on assisting victims of human trafficking. If you believe you have been a victim of human trafficking or would like a comprehensive screening, please contact our office – we are eager to help you!
A key development occurred in December 2024, when the deference policy was officially written into regulation (the “H-1B modernization rule”), set to take effect on January 17, 2025. Once it takes effect, USCIS adjudicators must apply the deference policy to extension requests involving the same employer, the same employee, and the same job details. USCIS can still decide not to defer to the previous approval if: There was a material error in the earlier approval. There has been a material change in circumstances or eligibility. New information raises doubts about eligibility. Even in these situations, officers must explain why they are not deferring. Importantly, USCIS does not have to defer to decisions made by other agencies, such as the U.S. Department of State or Customs and Border Protection. By turning the deference policy into a regulation, it becomes more difficult for future administrations to eliminate it quickly. Any attempt to rescind or change the policy now requires a lengthy rulemaking process that includes a public notice-and-comment period. Key Takeaways for Employers Greater Predictability: The deference policy, now a regulation, gives employers more certainty that extension petitions will be approved if there are no major changes in the employee’s role or the employer’s situation. Potential Changes Ahead: A future administration could still try to rescind this rule, but they must follow a formal regulatory process, which takes time and offers employers some warning. File Extensions Early: Employers can submit extension petitions up to six months before a visa expires. Filing early can help avoid unexpected policy shifts and minimize risks of RFEs or denials. Overall, the codification of the deference policy is a significant step that offers much-needed stability and efficiency in the U.S. immigration process. By planning ahead and staying informed, employers can take advantage of this improved predictability. As always, working closely with an immigration attorney ensures that extension applications are accurate, well-prepared, and filed promptly—especially during times when policy may evolve.
The U.S. Department of Homeland Security (DHS) announced the designation of Lebanon for Temporary Protected Status (TPS), allowing eligible Lebanese nationals in the United States to stay and work temporarily due to unsafe conditions in their home country. The decision, published in the Federal Register, is based on the ongoing humanitarian crisis in Lebanon, which includes economic instability, widespread violence, and the aftermath of the devastating 2020 Beirut port explosion. The TPS designation for Lebanon is effective December 2023 and will last for 18 months. Lebanese nationals who have been residing in the U.S. since August 1, 2023, may apply for TPS, as long as they meet the eligibility requirements. Lebanese nationals who are granted TPS will be allowed to stay in the U.S. legally, work, and obtain travel authorization during the designated period. This measure is in line with the Biden administration's efforts to assist individuals from countries facing dire conditions. Applicants are advised to apply as soon as possible and to submit the necessary documentation to receive TPS status and related benefits. This designation underscores the U.S. government's support for Lebanese nationals affected by the difficult situation in Lebanon. If you have any questions or would like to know more about the eligibility requirements, contact our office to schedule a consultation with one of our experienced attorneys.
What is E-Verify+? E-Verify+ is the newest version of E-Verify, a system run by the U.S. Department of Homeland Security (DHS) to help employers confirm the work eligibility of their employees. Effective October 21, 2024, E-Verify+ includes new features designed to streamline the employment verification process and ensure more accurate, secure results for both employers and employees. The E-Verify system checks a person’s work eligibility by comparing information from their Form I-9 (Employment Eligibility Verification) with records from DHS and the Social Security Administration (SSA). E-Verify+ takes this process further with enhanced capabilities and updated features, which make verification faster, more reliable, and more user-friendly. What’s New in E-Verify+? Automated Work Authorization Extensions For employees who are renewing work authorization, E-Verify+ can now provide automatic updates if the renewal process is delayed. This minimizes disruptions for both employers and employees, ensuring that work authorization continues as long as the renewal is in process. Enhanced Accuracy with Biometric Verification One of the key updates in E-Verify+ is biometric verification, which uses fingerprints or other biometrics to confirm an employee’s identity more accurately. This feature is expected to reduce identity theft and improve the reliability of work authorization checks. Simplified Case Management System E-Verify+ includes an updated case management system that allows employers to resolve discrepancies and update information more efficiently. For instance, if there is a mismatch between an employee’s Form I-9 and government records, E-Verify+ will guide employers on next steps to quickly address the issue. Integration with EAD (Employment Authorization Document) Updates Employees applying for Employment Authorization Documents (EAD) will find that E-Verify+ now includes an integration feature that tracks the status of EAD renewals and provides employers with updates on pending applications. What Does This Mean for Employers? With E-Verify+, employers benefit from a more efficient and reliable employment verification process. Employers who participate in E-Verify+ are better equipped to avoid penalties for hiring unauthorized workers while also reducing administrative burdens associated with verification. The system’s enhanced automation helps streamline the hiring process, which can save time and resources for businesses. What Does This Mean for Employees? For employees, E-Verify+ provides greater security and transparency. Automated work authorization extensions can help prevent employment gaps due to delays in authorization processing, which is especially important for those relying on renewals. Additionally, the use of biometrics means employees can be assured that their personal identity is protected during verification. If you want to find out more about E-Verify or want to better understand the employment verification process, please contact one of our experienced Immigration Attorneys!
