Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for “T” Nonimmigrant Status; Correction
Published Date: 1/14/2025
Rule
Summary
This update fixes a typo from a previous correction about rules for victims of severe human trafficking applying for T nonimmigrant status. It restores important language that was accidentally removed, making sure the rules are clear and fair. The fix is effective January 14, 2025, but applies retroactively to August 28, 2024, with no new costs involved.
Analyzed Economic Effects
2 provisions identified: 2 benefits, 0 costs, 0 mixed.
Restored bona fide review criteria
If you are applying for T nonimmigrant status as a victim of severe trafficking, the rule restores the bona fide review steps. An application will be deemed bona fide after initial review if (1) the Application for T Nonimmigrant Status is properly filed and complete, (2) you have submitted a signed personal statement, and (3) initial background checks are complete, reviewed, and do not present national security concerns. If initial review does not establish bona fide status, USCIS will do a full eligibility review and will approve a qualifying application or give a bona fide determination if the statutory cap has been reached.
Retroactive correction affects pending and new T applications
The correction is effective January 14, 2025 but is applied as of August 28, 2024 at 12 a.m. Eastern Time. USCIS will apply the corrected final rule to applications pending on, or filed on or after, August 28, 2024; if an application was pending on August 28, 2024 and additional evidence is required, USCIS will issue a request for evidence and conduct a bona fide review based on available evidence. DHS states the bona fide determination provisions will generally only apply to applications filed on or after August 28, 2024.
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