Immigration Relief for Victims of Trafficking

Immigration Relief for Victims of Trafficking

Immigration Relief for Victims of Trafficking
October 28, 2020
Human trafficking occurs throughout the United States, and traffickers exploit
vulnerable individuals for commercial sex and forced labor in a variety of legal and
Abigail F. Kolker
il egal industries. Trafficking victims include both U.S. citizens and noncitizens
Analyst in Immigration
(referred to as aliens in immigration law), and some of the noncitizen victims are
Policy
unauthorized immigrants. However, under federal law there are certain protections from

removal (deportation) that are available to eligible noncitizen victims of trafficking.
Kristin Finklea
Specialist in Domestic
 T Nonimmigrant Status. The Victims of Trafficking and Violence Protection
Security
Act of 2000 (TVPA; P.L. 106-386, as amended) created a new nonimmigrant

category, known as T status or T-visa, for aliens who are victims of severe forms
of trafficking in persons. The T status protects eligible aliens from removal and
provides a path to permanent residency. The number of T status recipients is limited to 5,000
principal aliens each fiscal year.
 U Nonimmigrant Status. The Violence Against Women Act of 2000, Division B of the TVPA,
created the U nonimmigrant status or U-visa for noncitizen victims who have suffered physical or
mental abuse as a result of a qualifying crime, include human trafficking. The U status also
protects eligible aliens from removal and provides a path to permanent residency. The number of
U status recipients is limited to 10,000 principal aliens per fiscal year. The number of aliens
granted U status because of trafficking is not publicly available.
 Continued Presence. Continued presence is not an immigration status but it can offer protection
from removal. The TVPA gave the Secretary of Homeland Security the authority to grant
continued presence for trafficking victims and prescribed some circumstances under which it can
be utilized. The mechanisms for continued presence may include parole, voluntary departure, stay
of final removal orders, or any other authorized form of continued presence in the United States,
including adjustment to an applicable nonimmigrant status.
Of note, comprehensive data on the prevalence of human trafficking in the United States are not available.
Similarly, the number of noncitizen victims of trafficking, including the number of victims who may be eligible
for immigration relief, is unknown. However, when legislating on and conducting oversight of the federal
government’s use of the T status and U status for trafficking victims, policymakers may consider a number of
issues:
 The extent to which the T status is utilized. The 5,000 principal status cap has not been met in
any of the most recent 10 fiscal years for which data are available. Policymakers may look at
factors that potential y contribute to what some observers consider to be underutilization of the
status. They may also consider whether the 5,000 cap is stil the appropriate level.
 High demand for the U status. The 10,000 principal alien annual cap has resulted in a backlog
of applicants awaiting decisions. Policymakers may examine how this backlog may affect
vulnerable individuals such as trafficking victims.

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Contents
Conceptualizing Trafficking in Persons .............................................................................. 1
Data on Noncitizen Victims of Human Trafficking.......................................................... 2
Federal Efforts to Counter Human Trafficking................................................................ 3
T Nonimmigrant Status .................................................................................................... 4
T Status Eligibility ..................................................................................................... 4
Issuance of T Status ................................................................................................... 5
Stringency of T Determination ............................................................................... 6
T Status Benefits ....................................................................................................... 6
Adjustment to Lawful Permanent Residence .................................................................. 7
U Nonimmigrant Status.................................................................................................... 8
U Status Eligibility .................................................................................................... 8
Issuance of U Status................................................................................................... 8
The 10,000 Cap for U Status .................................................................................. 9
U Status Benefits ....................................................................................................... 9
Adjustment to Lawful Permanent Residence Status....................................................... 10
Continued Presence ....................................................................................................... 10
Issues for Congressional Consideration ............................................................................ 11

Tables
Table 1. USCIS Applications for T Nonimmigrant Status ...................................................... 5
Table 2. U Status Issued, FY2010-FY2019.......................................................................... 8
Table 3. Continued Presence Granted to Trafficking Victims ................................................ 11

Contacts
Author Information ....................................................................................................... 12

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Immigration Relief for Victims of Trafficking

uman trafficking occurs throughout the United States, and traffickers exploit vulnerable
individuals for commercial sex and forced labor in a variety of legal and il egal
H industries.1 Trafficking victims include both U.S. citizens and noncitizens (referred to as
aliens in immigration law),2 and some of the noncitizen victims of trafficking do not have a
lawful immigration status. Some entered lawfully while others entered unlawfully. For some,
their victimization began before they entered the United States, while for others, it began after.
The lack of a lawful immigration status may prevent or deter some trafficking victims from
seeking help or reaching out to law enforcement. This may be due, in part, to fear of removal
(deportation). However, under federal law there are certain protections from removal that are
sometimes available to noncitizen victims of trafficking.
 Noncitizen victims of trafficking are potential y eligible for the T nonimmigrant
status, which protects them from removal and provides a path to permanent
residency.
 U nonimmigrant status is available to certain noncitizen victims of crime and
may be available to trafficking victims who do not qualify for T status; the U
status also provides a path to permanent residency.
 Trafficking victims may be eligible for continued presence, which is not an
immigration status but can offer protection from removal, among other benefits.3
This report provides a brief overview of human trafficking in the United States, discusses these
three types of immigration relief available to trafficking victims, and presents relevant issues
policymakers may consider regarding immigration protections available to these victims.
Conceptualizing Trafficking in Persons
Human trafficking in the United States is broadly conceptualized in two categories: sex
trafficking and labor trafficking. More foreign victims are found in labor trafficking than in sex
trafficking.4 Conversely, more U.S. citizens are found to be victims of sex trafficking. Further, the
United States prosecutes more individuals for sex trafficking than for labor trafficking offenses. 5
Federal statutes do not formal y define human trafficking or trafficking in persons. Rather, the
Victims of Trafficking and Violence Protection Act of 2000 (TVPA; P.L. 106-386, as amended)
defines severe forms of trafficking in persons to mean:

1 See CRS Report R44315, Justice for Victims of Trafficking Act of 2015: Changes to Domestic Human Trafficking
Policies. See also, Department of State, 2020 Trafficking in Persons Report: United States, https://www.state.gov/
reports/2020-trafficking-in-persons-report/united-states/. As outlined in the State Department report, these industries
include “hospitality, traveling sales crews, agriculture, janitorial services, construction, landscaping, restaurants,
factories, care for persons with disabilities, salon services, massage parlors, retail, fairs and carnivals, peddling and
begging, drug smuggling and distribution, religious institutions, child care, and domestic work.”
2 Some unknown portion of these alien victims are illegally present in the country (i.e., unauthorized aliens, sometimes
referred to as undocum ented).
3 Continued presence refers to the Secretary of the Department of Homeland Security’s discretionary authority to use a
variety of statutory and administrative mechanisms to ensure an alien’s continued presence in the United States.
4 Human Smuggling and T rafficking Center, Domestic Human Trafficking: An Internal Issue, December 2008.
5 Department of State, 2020 Trafficking in Persons Report: United States, https://www.state.gov/reports/2020-
trafficking-in-persons-report/united-states/.
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(A) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion,
or in which the person induced to perform such act has not attained 18 years of age; or
(B) 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 subjection to
involuntary servitude, peonage, debt bondage, or slavery.6
Under the TVPA, force, fraud, or coercion are necessary elements to establish trafficking of an
adult victim, but are not necessary elements to establish sex trafficking of a victim under age 18.
The movement of persons across jurisdictional boundaries is not necessary to establish that
human trafficking has occurred.
Distinguishing Between Human Trafficking and Human Smuggling
The term human trafficking is often mistakenly used interchangeably with human smuggling; however, they are
distinct concepts. As the Department of Homeland Security has noted, “[h]uman trafficking does not require
crossing a border. Human trafficking victims have been exploited by their trafficker for commercial sex acts or
labor. By contrast, human smugglers engage in the crime of bringing people into the United St ates, or unlawful y
transporting and harboring people already in the United States, in deliberate evasion of immigration law. In some
situations, human smuggling may result in human trafficking.”7
Some observers have also made the distinction that human trafficking is a “crime against a person” whereas human
smuggling is a “crime against the state.”8 And while it can sometimes be chal enging to distinguish between the
two, particularly in fluid situations where smuggled migrants have later been trafficked, the United Nations Office
on Drugs and Crime (UNODC) highlights three key factors of differentiation:

Consent: Smuggling involves moving individuals who have consented to the smuggling; trafficking involves
exploiting individuals who never consented, or if they initial y consented, became victimized with the addition
of force, fraud, or abuse.

Exploitation: Smuggling ends with the arrival of an individual at their destination; trafficking involves the
ongoing exploitation of a victim for profit.

Transnationality: Smuggling involves crossing international borders; trafficking does not need to involve the
movement of persons.9
Data on Noncitizen Victims of Human Trafficking
For a number of reasons, including the clandestine criminal nature of human trafficking, it is
difficult to estimate the scope of human trafficking in the United States, and there are no
comprehensive data on its prevalence.10 Similarly, the number of noncitizen victims, or the
number of victims who may be eligible for immigration relief, is unknown.
While comprehensive human trafficking data are not available, some snapshots of data exist. For
instance, the National Human Trafficking Hotline produces reports including data on potential
trafficking situations.11 In 2019, the hotline received information on 11,500 potential cases of

6 22 U.S.C. §7102.
7 U.S. Department of Homeland Security, Department of Homeland Security Strategy to Combat Human Trafficking,
the Im portation of Goods Produced with Forced Labor, and Child Sexual Exploitation , January 2020, p. 5.
8 Statement by Claire Antonelli of Global Rights, Center for Strategic and International Studies Event on Human
T rafficking in Latin America, July 9, 2004.
9 United Nations Office on Drugs and Crime (UNODC), Trafficking in Persons and Migrant Smuggling,
https://www.unodc.org/lpo-brazil/en/trafico-de-pessoas/index.html.
10 U.S. Department of Health and Human Services, Office of the Assistant Secretary for Planning and Evaluation,
Hum an Trafficking into and within the United States: A Review of the Literature, at https://aspe.hhs.gov/system/files/
pdf/75891/index.pdf.
11 See National Human T rafficking Hotline, Hotline Statistics, at https://humantraffickinghotline.org/states. T he data
tracked by the hotline only include those reports the hotline receives, and thus represent an unknown subset of total
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human trafficking, identifying 22,326 survivors across the United States. While some reports
include demographic information on citizenship status and/or ethnicity of survivors, not al
reports contain this information. Moreover, according to the State Department’s 2020 Trafficking
in Persons Report, trafficking “victims [in the United States] originate from almost every region
of the world; the top three countries of origin of federal y identified victims in FY 2019 were the
United States, Mexico, and Honduras.”12
Federal Efforts to Counter Human Trafficking
U.S. efforts to counter trafficking in persons include protection and services for victims,
education of the public, and the investigation and prosecution of trafficking offenses.
 Several departments (primarily the Department of Justice (DOJ), the Department
of Health and Human Services (HHS), and the Department of Labor (DOL))
have programs, or administer grants to other entities, that provide victim
assistance tailored to trafficking victims. Such assistance may include temporary
housing, independent living skil s, cultural orientation, transportation, job
training, mental health counseling, and legal assistance.
 A number of federal agencies administer public awareness campaigns on
identifying human trafficking victims. The Department of Homeland Security’s
(DHS’s) Blue Campaign is one such example.13
 The majority of human trafficking cases investigated at the federal level are
handled by agents in the Federal Bureau of Investigation (FBI) and U.S.
Immigration and Customs Enforcement, Homeland Security Investigations (ICE
HSI), who coordinate with others as appropriate. DOJ prosecutes these cases.14
Victim Services: Certification for Noncitizen Trafficking Victims
Because noncitizens are ineligible for certain public benefits, the TVPA established a certification process through
which noncitizen victims of trafficking who are certified as such are eligible for certain benefits and services.15 (U.S.
citizen and legal permanent resident trafficking victims are not required to be certified.) The HHS Secretary, after
consultation with the Secretary of Homeland Security, is responsible for issuing certification letters to adult
noncitizen victims of trafficking.16
Certification by HHS affirms that (1) a victim is wil ing to assist in every reasonable way in the investigation and
prosecution of severe forms of trafficking in persons and (2) has made a bona fide application for a T -visa that has
not been denied, or has been granted continued presence in the United States by the Secretary of Homeland
Security to effectuate the prosecution of traffickers in persons.17

human trafficking cases in the United States.
12 Department of State, Trafficking in Persons Report: 20th Edition, June 2020, p. 532, at https://www.state.gov/wp-
content/uploads/2020/06/2020-TIP-Report-Complete-062420-FINAL.pdf.
13 For more information, see https://www.dhs.gov/blue-campaign.
14 More information on DOJ’s efforts to count er human trafficking are available at https://www.justice.gov/
humantrafficking/department-justice-components. More information on the FBI’s role in investigating human
trafficking is available at https://www.fbi.gov/investigate/violent -crime/human-trafficking. For information on ICE
HSI’s role in investigating human trafficking, see https://www.ice.gov/features/human-trafficking.
15 See 22 U.S.C. §7105.
16 Under the T VPA, to receive certain benefits and services, noncitizen victims of severe forms of trafficking who are
at least 18 years old must be certified by HHS. Noncitizen trafficking victims under age 18 do not have to be certified
to receive benefits and services, but HHS issues eligibility letters to such victims. For more information, see
https://www.acf.hhs.gov/otip/victim-assistance/eligibility-letters.
17 For more information about victim certification, see https://www.acf.hhs.gov/otip/victim-assistance/certification.
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T Nonimmigrant Status
The TVPA created a new nonimmigrant category, known as T status or T-visa, for aliens who are
victims of severe forms of trafficking in persons.18 Although T nonimmigrant status is often
referred to as the T-visa, it is not technical y a visa if it is given to aliens present in the United
States because the status is conferred by HHS, which does not have the authority to issue visas.
Only the State Department, through consular offices, may issue visas.19 Thus, only aliens present
outside of the United States can receive T-visas, while aliens present in the United States receive
T status.
T Status Eligibility
To qualify for the T category, an alien must
 demonstrate that he/she is a victim of a severe form of trafficking in persons;20
 be physical y present in the United States, American Samoa, or the
Commonwealth of the Northern Mariana Islands, or at a U.S. port of entry
because of such trafficking, or be admitted to the United States to participate in
investigative or judicial processes associated with such trafficking;21
 have complied with any reasonable request for assistance to law enforcement22 in
the investigation or prosecution of acts of trafficking unless unable to do so due
to physical or psychological trauma, or being under age 18;23 and
 be likely to suffer extreme hardship involving unusual and severe harm upon
removal.
To receive T status, the alien must also be admissible to the United States or obtain a waiver of
inadmissibility. A waiver of inadmissibility is available for health related grounds, public charge

18 Section 107, Division A, P.L. 106-386. “T” refers to the letter denoting the subsection of the Immigration and
Nationality Act (INA) that provides the authority for the alien’s admission into the United States (i.e., INA
§101(a)(15)(T), codified at 8 U.S.C. §1101(a)(15)(T)).
19 For more information on nonimmigrant visa issuance, see CRS Report R45040, Immigration: Nonimmigrant
(Tem porary) Adm issions to the United States.
20 It is the applicant’s responsibility to demonstrate the elements of a severe form of trafficking in persons. For
example, the applicant must include a personal statement explaining in their own words describing the facts of their
victimization (8 C.F.R. 214.11(d)(2)).
21 Prior to the T VPA reauthorization in 2008 (P.L. 110-457), this was interpreted in the regulations to apply to those
aliens who (1) are present because they are being held in some sort of severe form of trafficking situation, (2) were
recently liberated from a severe form of trafficking, o r (3) were subject to a severe form of trafficking in the past and
remain present in the United States for reasons directly related to the original trafficking. P.L. 110-457 expanded the
definition of physical presence to include trafficking victims admitted to the United States for trafficking investigations
and legal proceedings.
22 T o be eligible for T status, most aliens must submit evidence that they have complied with r easonable requests for
assistance from law enforcement. A signed declaration from law enforcement can support a T status application, but it
is not required. It is not necessary for the alien to be certified by a law enforcement agency, as is required by t hose
applying for U nonimmigrant status for alien crime victims. For more information, see U.S. Citizenship and
Immigration Services (USCIS), Inform ation for Law Enforcem ent Agencies and Judges, at https://www.uscis.gov/tools/
information-for-law-enforcement-agencies-and-judges.
23 Children under age 18 at the time that the application for T status is filed are exempt from the requirement to comply
with law enforcement requests for assistance. In the original T VPA ( P.L. 106-386, as amended), the age of mandatory
compliance was under 15, but the T VPA reauthorization in 2003 (P.L. 108-193) increased the age of mandatory
compliance to 18.
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(indigence) grounds, or criminal grounds if the activities rendering the alien inadmissible were
caused by or incident to the alien’s victimization.24 The waiver is not automatical y granted, and
there is no appeal if it is denied. This waiver may be particularly relevant for those involved in
sex trafficking because prostitution is one of the grounds of inadmissibility specified in the
Immigration and Nationality Act.25 Additional y, aliens who are present without being admitted or
paroled26 into the United States are inadmissible and would need to obtain a waiver to be eligible
for T status. For example, an alien who paid a smuggler to enter the country il egal y and then
was held in servitude would need to get an inadmissibility waiver to be eligible for T status.
Issuance of T Status
The number of T status recipients is limited to 5,000 principal aliens each fiscal year.
Additional y, the spouse, children, or parents of an alien under age 21 may be given derivative T
status in order to avoid extreme hardship; derivatives are not counted against the numerical
limit.27
U.S. Citizenship and Immigration Services (USCIS) issues reports on the number of T
nonimmigrant status applications by victims and family members of victims, as wel as the status
of those applications at the end of each fiscal year. Table 1 includes data on the number of victim
and family applications for T status for the 10-year period from FY2010 to FY2019. In FY2019,
1,242 trafficking victims submitted applications, and USCIS approved 500. In that same fiscal
year, 1,011 family members of victims submitted applications, and USCIS approved 491.28
Table 1. USCIS Applications for T Nonimmigrant Status
FY2010–FY2019

Victim Applications
Family of Victim Applications
Fiscal
Year
Submitted
Approved Denied
Pending
Submitted
Approved
Denied
Pending
2010
541
446
102
305
518
361
74
D
2011
882
556
145
502
909
708
114
D
2012
790
667
81
565
848
747
94
453
2013
804
851
97
421
1,021
984
85
518
2014
908
619
135
590
913
787
95
579
2015
1,014
611
239
809
1,113
692
182
854
2016
955
748
175
869
890
937
144
713
2017
1,177
669
213
1,180
1,142
667
123
1,100

24 8 U.S.C. §1182(d)(13).
25 8 U.S.C. §1182(a)(2)(D).
26 Parole is a term in immigration law that means the alien has been granted temporary permission to be in the United
States. Parole does not constitute formal admission to the United States and parolees are required to leave when the
parole expires, or to be admitted in a lawful status if eligible.
27 In some cases, immediate family members of a trafficking victim may receive a T -visa to join the victim in the
United States. T his may be necessary if the traffickers are threatening the victim’s family.
28 U.S. Citizenship and Immigration Services, Number of Form I-914, Application for T Nonimmigrant Status by Fiscal
Year, Quarter, and Case Status: Fiscal Years 2008 – 2019.
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Victim Applications
Family of Victim Applications
Fiscal
Year
Submitted
Approved Denied
Pending
Submitted
Approved
Denied
Pending
2018
1,613
576
300
1,916
1,315
703
251
1,483
2019
1,242
500
365
2,358
1,011
491
216
1,860
Source: USCIS, Number of Form I-914, Application for T Nonimmigrant Status by Fiscal Year, Quarter, and Case
Status: Fiscal Years 2008 – 2019.
Notes: D = Data disclosure standards not met, according to USCIS. In addition, some approvals and denials may
have been received in prior fiscal year(s) filings.
As Table 1 shows, from FY2010 to FY2019, 63% of the adjudicated applications for T-1 status
were approved, and 73% of the adjudicated applications for derivative T status were approved.
Stringency of T Determination
As Table 1 shows, the annual cap of 5,000 principal T status issuances has not been met in the 10
most recent fiscal years for which data are available. The regulations state that “in view of the
annual [5,000] limit imposed by Congress for T-1 status, and the standard of extreme hardship
involving unusual and severe harm, [DHS] acknowledges that the T-1 status wil not be an
appropriate response with respect to many cases involving aliens who are victims of severe forms
of trafficking.”29 Some observers contend that the extreme hardship threshold makes it difficult
for victims to receive T status.30 In addition, the processing times for T status determinations have
increased in the last five years, from approximately 8 months in FY2016 to 16.4 months in
FY2020 (as of June 30, 2020).31
T Status Benefits
T status is valid for four years, and may be extended if a federal, state, or local law enforcement
official, prosecutor, judge, or other authority investigating or prosecuting activity relating to
human trafficking certifies that the presence of the alien in the United States is necessary to assist
in the investigation or prosecution of human trafficking.32 Individuals with T status can remain in
the United States lawfully.
Individuals who receive T-1 status (i.e., principal petitioners) are granted work authorization by
virtue of their status.33 They can work anywhere in the United States for any employer. T status

29 Department of Justice, Immigration and Naturalization Service, “ New Classification for Victims of Severe Forms of
T rafficking in Persons; Eligibility for ‘T ’ Nonimmigrant Status” 67 Federal Register 4785. January 31, 2002.
30 T estimony of Derek J. Marsh, Co-Director Orange County Human T rafficking T ask Force, in U.S. Congress, House
Committee on Homeland Security, Crossing the Border: Im m igrants in Detention and Victim s of Trafficking, Part II ,
110th Cong., 1 sess., March 20, 2007; and Rieger, “ Missing the Mark: Why T he T rafficking Victims Protection Act
Fails to Protect Sex T rafficking Victims in the United States,” p. 250.
31 T his is the only historical time period for which application processing data are publically available . See U.S.
Citizenship and Immigration Services, “ Historical National Average Processing T ime (in Months) for All USCIS
Offices for Select Forms By Fiscal Year: Fiscal Year 2016 to 2020 (up to June 30, 2020),” at https://egov.uscis.gov/
processing-times/historic-pt.
32 T he four-year period of validity for T -visas was codified by the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (P.L. 109-162, §821). Prior to P.L. 109-162, the validity period was three years and was
specified by regulation (8 C.F.R. §214.11), not by statute.
33 8 C.F.R. §274a.12(a)(16).
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derivatives (e.g., T-2, T-3), must apply for employment authorization, which is granted at the
discretion of DHS and may include restrictions.34
Under law, aliens who have bona fide T applications35 are eligible to receive certain public
benefits to the same extent as refugees.36 Aliens who receive derivative T status (i.e., the family
members of trafficking victims) are also eligible for the same benefits.
Adjustment to Lawful Permanent Residence
After three years, aliens with T status may petition for lawful permanent residence (LPR) status
(i.e., a green card).37 To adjust to LPR status, an alien with T status must
 have been physical y present in the United States for either (1) a continuous
period of at least three years since the date of admission under T status, or (2) a
continuous period during the investigation or prosecution of the acts of
trafficking, provided that the Attorney General has certified that the investigation
or prosecution is complete;
 be admissible (i.e., the alien is not ineligible for a visa or status adjustment under
the grounds for inadmissibility of the INA, which include having a criminal
history, being a terrorist, and being a security risk to the United States);38
 since being granted T status, have been a person of good moral character;39 and
 establish that (1) they have complied with reasonable requests of assistance in the
investigation or prosecution of acts of trafficking, or (2) that they would suffer
extreme hardship upon removal from the United States.40
Under statute, 5,000 aliens in T-1 status can adjust to LPR status in a fiscal year.41 The cap does
not apply to family members (e.g., T-2, T-3, etc. visa holders).

34 8 C.F.R. §274a.12(c)(25).
35 Bona fide application means an application for T status that has been determined after initial review to be complete,
without evidence of fraud, and possessing prima facie evidence of eligibility for T status, including admissibility.
36 Refugees are eligible for certain federal, state, and local public benefits. For example, refugees are eligible for
Supplemental Nutrition Assistance Program (SNAP) and Supplemental Security Income (SSI) for seven years after
entry, and for Medicaid and T emporary Assistance for Needy Families (T ANF) for seven years after entrance and then
at state option. For more information, see CRS Report RL33809, Noncitizen Eligibility for Federal Public Assistance:
Policy Overview.
37 T he regulations concerning adjustment to LPR status from T status were released on December 12, 2008, and
became effective on January 12, 2009. Department of Homeland Security, “ Adjustment of Status to Lawful Permanent
Resident for Aliens in T or U Nonimmigrant Status,” 73 Federal Register 75540-75564, December 12, 2008.
38 8 U.S.C. §1182.
39 Good moral character is described in 8 U.S.C. §1101(f) and further defined in 8 C.F.R. §316.10.
40 8 C.F.R. §245.23.
41 8 U.S.C. §1255(l)(4)(A).
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U Nonimmigrant Status
The Violence Against Women Act of 2000, Division B of the TVPA, created the U nonimmigrant
status, often cal ed the U-visa,42 for noncitizen victims who have suffered physical or mental
abuse as a result of a qualifying crime.43 Qualifying crimes include human trafficking.44
U Status Eligibility
To qualify for U status, an alien must file a petition and establish that
 he/she suffered substantial physical or mental abuse as a result of having been a
victim of qualifying criminal activities;
 as certified by a law enforcement or immigration official, he/she (or if the alien is
a child under age 16, the child’s parent, guardian, or friend) possesses
information about the criminal activity involved;45
 he/she has been, is being, or is likely to be helpful in the investigation and
prosecution of the criminal activity by federal, state, or local law enforcement
authorities; and
 the criminal activity violated the laws of the United States or occurred in the
United States.
Issuance of U Status
The U category is limited to 10,000 principal aliens per fiscal year.46 The number of aliens
granted U status because of trafficking victimization is unknown.47
Table 2. U Status Issued, FY2010-FY2019
Principal Aliens (Victims)
Derivative Aliens (Family)

FY
Applied
Approved
Denied
Pending
Applied
Approved
Denied
Pending
2010
9,657
10,015
3,995
7,480
6,418
9,315
2,576
6,242
2011
14,657
10,025
2,007
10,250
10,033
7,602
1,645
8,329

42 As with the T category, although U nonimmigrant status is often referred to as the U-visa, it is not technically a visa
if it is given to aliens present in the United States because status is conferred by DHS, which does not have the
authority to issue visas. Only the State Department, through consular offices, may issue visas. T hus, only aliens present
outside of the United States can receive U-visas while aliens present in the United States receive U status.
43 8 U.S.C. §1101(a)(15)(U).
44 Qualifying criminal activity refers to one or more of the following or any similar activity in violation of federal or
state criminal law: rape; torture; trafficking; incest; domestic violence; sexual assault; abusive sexual contact;
prostitution; sexual exploitation; female genital mutilation; being held hostage; peonage; involuntary servitude; slave
trade; kidnapping; abduction; unlawful criminal restraint; false imprisonment; blackmail; extortion; manslaughter,
murder; felonious assault; witness tampering; obstruction of justice; perjury; or attempt, con spiracy, or solicitation to
commit any of the above mentioned crimes. For other examples of qualifying crimes, see Department of Homeland
Security, U and T Visa Law Enforcem ent Resource Guide, p. 7, at https://www.dhs.gov/sites/default/files/publications/
U-and-T -Visa-Law-Enforcement -Resource%20Guide_1.4.16.pdf.
45 T his requirement is mandatory for U status applicants but optional for T status applicants.
46 INA §214(o)(2). Although the interim final regulations on U status were released in September 2007, prior to that
aliens who met the criteria for U status were given immigration benefits similar to U status. In 2005, for examp le, 287
aliens were given “quasi-U” status. Unpublished data from DHS.
47 Currently, USCIS does not break down U status data by type of qualifying crime (CRS correspondence with USCIS
in October 2020).
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Principal Aliens (Victims)
Derivative Aliens (Family)

2012
21,141
10,031
1,684
19,824
15,126
7,421
1,465
15,592
2013
25,486
10,022
1,840
33,409
18,266
7,724
1,234
24,480
2014
26,089
10,077
3,662
45,814
19,297
8,457
2,655
32,948
2015
30,129
10,060
2,440
63,779
22,636
7,649
1,754
46,507
2016
34,797
10,019
1,761
87,290
25,469
7,624
1,257
63,616
2017
37,287
10,011
2,042
112,272
25,703
7,628
1,612
79,971
2018
34,967
10,009
2,317
134,714
24,024
7,906
1,991
94,050
2019
28,364
10,010
2,733
151,758
18,861
7,846
2,397
103,737
Source: Department of Homeland Security, U.S. Citizenship and Immigration Services, at https://www.uscis.gov/
sites/default/files/document/data/I918u_visastatistics_fy2020_qtr2.pdf.
Notes: Some approvals and denials may have been received in prior fiscal year(s) filings.
The 10,000 Cap for U Status
The U status category is statutorily limited to 10,000 principal aliens per fiscal year. As shown in
Table 2, the statutory cap of 10,000 has been reached before the end of each fiscal year since
FY2010.48 Although the statutory cap is reached, USCIS continues to accept and process new
petitions for U status and issues conditional approval and work authorization to petitioners who
are found eligible for but are unable to receive U status because the cap has been reached.49
Unlawfully present aliens on the waiting list for U nonimmigrant status typical y receive a
discretionary reprieve from removal—deferred action or parole.50 However, it takes an average of
approximately four years for DHS to vet U nonimmigrant status applicants for eligibility before
placing them on the waiting list and granting them deferred action or parole.51 After conditional
approval, it can take more than 15 years (as of March 2020) to receive U status due to the backlog
of applicants and the annual cap of 10,000.52
U Status Benefits
U status is general y valid for four years. It can only be extended beyond four years if “the alien’s
presence in the United States continues to be necessary to assist in the investigation or

48 T his statutory cap has been of interest to policymakers. For example, in the 115th and 116th Congresses, the
Immigrant Witness and Victim Protection Act of 2018 (H.R. 5058) and 2019 (H.R. 4319) were introduced in the
House. While these bills were not identical, both would eliminate the annual numerical limit on the U nonimmigrant
status (i.e., the 10,000 cap) as well as provide work authorization to T and U applicants either upon approval or 180
days after submitting their application (whichever comes first ).
49 Department of Homeland Security, U and T Visa Law Enforcement Resource Guide, p. 5, at https://www.dhs.gov/
sites/default/files/publications/U-and-T -Visa-Law-Enforcement -Resource%20Guide_1.4.16.pdf.
50 8 C.F.R. §214.14(d)(2).
51 T his is an increase from FY2016, when it took an average of less than two years to process cases. See U.S.
Citizenship and Immigration Services, “Historical National Average Processing T ime (in Months) for All USCIS
Offices for Select Forms By Fiscal Year: Fiscal Year 2016 to 2020 (up to June 30, 2020),” at https://egov.uscis.gov/
processing-times/historic-pt. In addition, updated USCIS information on case processing times is available at
https://egov.uscis.gov/processing-times/.
52 Based on CRS analysis of Department of Homeland Security, U.S. Citizenship and Immigration data, available at
https://www.uscis.gov/sites/default/files/document/data/I918u_visastatistics_fy2020_qtr2.pdf.
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prosecution of the qualifying criminal activity.”53 Individuals with U status can remain in the
United States lawfully.
Principal and derivative aliens in U status are authorized to work by virtue of their status.54 They
can work anywhere in the United States for any employer.
Unlike aliens with T status, those with U status are not eligible for federal public benefits to the
same extent as refugees. However, those who receive U status may be eligible for crime victim
assistance and/or compensation through programs funded by DOJ.55
Adjustment to Lawful Permanent Residence Status
After three years, those with U status may apply for LPR status (i.e., a green card).56 To adjust to
LPR status, an alien must have
 been physical y present in the United States for a continuous period of at least
three years since the date of admission under U status;
 not participated in “Nazi persecution, genocide, or the commission of any act of
torture or extrajudicial kil ing”;57
 “not unreasonably refused to provide assistance to an official or law enforcement
agency that had responsibility in an investigation or prosecution of persons in
connection with the qualifying criminal activity after the alien was granted U
nonimmigrant status”;58 and
 “establish[ed] to the satisfaction of the Secretary that the alien’s presence in the
United States is justified on humanitarian grounds, to ensure family unity, or is in
the public interest.”59
Unlike T status, there is no limit on the number of individuals with U status (whether principal or
derivatives) who can adjust to LPR status in a fiscal year.
Continued Presence
Federal law enforcement officials who encounter victims of severe forms of trafficking in persons
that are potential witnesses to that trafficking may request that DHS grant continued presence of
the alien victim in the United States. Historical y, the Attorney General has had discretionary
authority to use a variety of statutory and administrative mechanisms to al ow the alien’s

53 8 C.F.R. 214.14(g)(2)(ii).
54 8 C.F.R. §274a.12(a)(19) and (20).
55 For information on victim assistance and compensation supported by DOJ, see CRS Report R42672, The Crime
Victim s Fund: Federal Support for Victim s of Crim e; and CRS Report R45410, The Violence Against Wom en Act
(VAWA): Historical Overview, Funding, and Reauthorization .
56 T he regulations concerning adjustment to LPR status from U status were released on December 12, 2008, and
became effective on January 12, 2009. Department of Homeland Security, “ Adjustment of Status to Lawful Permanent
Resident for Aliens in T or U Nonimmigrant Status,” 73 Federal Register 75540-75564, December 12, 2008.
57 8 C.F.R. §245.24(b)(4); 8 U.S.C. §1182(a)(3)(E).
58 8 C.F.R. §245.24(b)(5).
59 8 C.F.R. §245.24(b)(6).
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continued presence.60 These mechanisms include parole, voluntary departure,61 stay of final
removal orders,62 or any other authorized form of continued presence in the United States,
including adjustment to an applicable nonimmigrant status.63
The TVPA gave the Secretary of Homeland Security the authority to grant continued presence for
trafficking victims and prescribed some circumstances under which it can be utilized.64 In most
cases, victims granted continued presence are eligible for work authorization.65 Requests for
continued presence are handled by the Law Enforcement Parole Branch of DHS’s Immigration
and Customs Enforcement. During the most recent 10-year period for which data is publicly
available, fewer than 300 people were granted continued presence in any year (See Table 3).66
Table 3. Continued Presence Granted to Trafficking Victims
FY2009-FY2018
FY
FY
FY
FY
FY
FY
FY
FY
FY
FY
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
299
186
283
199
171
122
175
129
160
121
Source: Department of Justice, Attorney General’s Annual Report to Congress on U.S. Government Activities to Combat
Trafficking in Persons, multiple years.
Note: FY2018 is the most recent year with available data.
Issues for Congressional Consideration
In passing the TVPA, “Congress intended to create a broad range of tools necessary for the
Federal government to address the particular concerns associated with the problem of trafficking
in persons.”67 In particular, the TVPA and its subsequent reauthorizations have not only provided
tools to target traffickers but have established services and protections for victims, including for
noncitizen victims. This includes providing immigration benefits to those “who may not have
legal status and are reluctant to cooperate.”68 In conducting oversight of the federal government’s
use of the T status and U status for trafficking victims, policymakers may consider a number of
issues.

60 28 C.F.R. Part 1000.35.
61 Voluntary departure allows an alien to depart the United States at his or her own expense in lieu of removal
proceedings or enforcement of a removal order. It generally provides a window of time prior to required departure from
the United States. For more information, see 8 U.S.C. §1229c.
62 DHS may stay a final order of removal (deportation) against an alien to allow him or her to pursue relief or in light of
practical or humanitarian considerations. For more information, see CRS Report R45158, An Overview of
Discretionary Reprieves from Rem oval: Deferred Action, DACA, TPS, and Others.
63 Most of the statutory and administrative mechanisms for continued presence require that the alien depart from the
United States once his/her presence for the criminal investigation or prosecution is no longer required. Some of these
authorities were transferred to the DHS Secretary in the Homeland Security Act of 2002 (P.L. 107-296). Others remain
with or are shared by the Attorney General.
64 22 U.S.C. §7105(c)(3).
65 Viet D. Dinh, Department of Justice, “T estimony before the Senate Subcommittee on Near Eastern and South Asian
Affairs concerning Monitoring and Combating T rafficking in Persons: How Are We Doing?”, March 7, 2002.
66 Department of State, Trafficking in Persons Report, multiple years; and Department of Justice, Attorney General’s
Annual Report to Congress on U.S. Governm ent Activities to Com bat Trafficking in Persons, multiple years.
67 Department of Justice, Immigration and Naturalization Service, “New Classification for Victims of Severe Forms of
T rafficking in Persons; Eligibility for ‘T ’ Nonimmigrant Status,” 67 Federal Register 4785. January 31, 2002.
68 Ibid.
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Congress may examine the extent to which T status is utilized as wel as whether the 5,000 cap is
stil the appropriate level. As shown in Table 1, the 5,000 principal status cap has not been met in
any of the most recent 10 fiscal years for which data are available. Policymakers may look at
factors that potential y contribute to what some observers consider to be underutilization of the
status. For instance, they may examine how law enforcement priorities surrounding human
trafficking generate cases with noncitizen victims who might be eligible for T status.
Policymakers may also question whether any elements of the application process may impede
victims from applying for T status or create difficulties for victims in meeting the standards of T
status. Additional y, in examining how various forms of immigration relief contribute to overal
immigration trends in the United States, policymakers may examine the extent to which those
with T status have adjusted to LPR status, as wel as their applications for derivative status (e.g.,
T-2, T-3) for qualifying family members.
The U status raises different questions for policymakers, as it is in high demand rather than being
underutilized. The 10,000 principal alien annual cap has resulted in a backlog of applicants with
conditional approval but without the U status due to the annual cap (see Table 2). Policymakers
may examine specifical y how this backlog could affect trafficking victims relative to other
victims of crime.
In addition to the post-adjudication backlog, it takes DHS approximately four years to vet U
status applications. Human rights organizations have highlighted that while the “U visa has been
an essential tool in strengthening relationships with immigrant communities and ensuring public
safety,” the wait time before adjudication leaves applicants without decisions, which can increase
their vulnerability to further abuse.69 Other observers are concerned about the waitlist for different
reasons; as applicants on the waitlist are granted deferred action or parole, critics see the program
as conferring “de facto residency” for thousands of noncitizens and fear that the program could be
exploited by unqualified applicants.70

Author Information

Abigail F. Kolker
Kristin Finklea
Analyst in Immigration Policy
Specialist in Domestic Security

69 Human Rights Watch, “Immigrant Crime Fighters: How the U Visa Program Makes US Communities Safer,” July 3,
2018, at https://www.hrw.org/report/2018/07/03/immigrant-crime-fighters/how-u-visa-program-makes-us-
communities-safer.
70 Jessica Vaughan, “Visas for Victims: A Look at the U Visa Program,” Center for Immigration Studies, March 30,
2020, at https://cis.org/Report/Visas-Victims-Look-U-Visa-Program.
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Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
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under the direction of Congress. Information in a CRS Report should n ot be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
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