U Visa and T Visa — Crime Victims and Trafficking Survivors

Two specialized nonimmigrant visa categories — the U visa for crime victims and the T visa for trafficking survivors — allow vulnerable individuals who have been exploited or harmed to remain lawfully in the United States and cooperate with law enforcement. Both are available regardless of an applicant's prior immigration status, meaning undocumented individuals qualify on the same terms as visa holders. Both can eventually lead to a green card. Together they represent one of the few areas of U.S. immigration law explicitly designed to protect victims rather than punish them for their circumstances. The U visa complements the Violence Against Women Act (VAWA), which provides a parallel self-petition route for abuse survivors who are married to U.S. citizens or permanent residents.

Current Law (2026)

Legal Authority

• 8 U.S.C. § 1101(a)(15)(U) — Defines the U nonimmigrant classification; establishes the qualifying crime categories and helpfulness requirement for victims
• 8 U.S.C. § 1101(a)(15)(T) — Defines the T nonimmigrant classification for severe trafficking victims; sets the compliance-with-law-enforcement requirement and exceptions for minors
• 8 U.S.C. § 1184(p) — Sets the annual cap of 10,000 U visas; authorizes USCIS to grant deferred action and employment authorization to individuals on the U visa waitlist who receive a bona fide determination
• 8 U.S.C. § 1184(o) — Sets the annual cap of 5,000 T visas; authorizes derivative petitions for family members
• 22 U.S.C. §§ 7101–7114 (Trafficking Victims Protection Act of 2000, TVPA) — Enacted T visa; established HHS certification for benefits; created the framework for identifying and prosecuting traffickers; reauthorized multiple times, most recently in 2022
• 8 C.F.R. § 214.14 — USCIS regulations governing U visa eligibility, petitions, bona fide determinations, and adjustment of status
• 8 C.F.R. § 214.11 — USCIS regulations governing T visa eligibility, certification, and adjustment

How It Works

U Visa — Crime Victims

To qualify for a U visa, an applicant must: (1) be a victim of a qualifying crime that occurred in the United States or violated U.S. law; (2) have suffered substantial physical or mental abuse as a result; (3) possess information about the criminal activity; and (4) have been, currently be, or be likely to be helpful to law enforcement or prosecutors. Qualifying crimes include abusive sexual contact, domestic violence, extortion, false imprisonment, felonious assault, fraud in foreign labor contracting, involuntary servitude, kidnapping, manslaughter, murder, obstruction of justice, peonage, rape, sexual assault, sexual exploitation, slave trade, stalking, torture, trafficking, and witness tampering — substantially similar activity and attempts, conspiracy, and solicitation also count. USCIS will not approve a U visa without Form I-918B certification signed by a qualifying certifying official (federal, state, or local law enforcement; prosecutors; judges; or agencies including DHS, EEOC, DOL, and NLRB) confirming the applicant's helpfulness. There is no legal obligation for law enforcement to certify even a clearly qualifying victim — this gatekeeping function is one of the program's most significant practical barriers.

Because 10,000 principal U visas per year falls far short of demand, USCIS maintains an administrative waitlist of approximately 350,000 pending petitions as of 2026. Applicants whose petitions are found bona fide — approvable on their face — receive deferred action shielding them from removal and become eligible for work authorization while waiting; the actual visa issues only when an annual allocation becomes available, which for today's petitioners may take a decade or more. A principal U visa holder 21 or older can petition for their spouse and children under 21; principals under 21 can also petition for parents and siblings under 18. After 3 years in U nonimmigrant status, holders may adjust to lawful permanent resident status if they have maintained continuous presence, cooperated with reasonable law enforcement requests, and their presence is justified on humanitarian grounds or serves the public interest.

T Visa — Trafficking Survivors

A T visa applicant must be a victim of a "severe form of trafficking in persons" as defined by the TVPA — either sex trafficking (induced by force, fraud, or coercion, or involving a minor) or labor trafficking (recruitment, harboring, transport, or obtaining by force, fraud, or coercion for labor or services). The person must be physically present in the United States or at a port of entry as a result of trafficking, and must comply with reasonable law enforcement requests to assist in investigating or prosecuting traffickers — unless under 18 or unable to cooperate due to physical or psychological trauma. The T visa covers only trafficking; the U visa covers a broader range of qualifying crimes (including trafficking), so many survivors qualify for both. T visa holders receive access to federal benefits equivalent to refugees (Medicaid, food assistance, cash assistance) during their T visa period — a benefit the U visa does not automatically confer. The annual T visa cap of 5,000 is rarely reached, unlike the severely oversubscribed U visa, making T visas generally faster to obtain when a survivor qualifies.

The Department of Health and Human Services (Office on Trafficking in Persons) issues certification letters for adult survivors and eligibility letters for minors confirming trafficking victim status, enabling access to federal benefits regardless of immigration status — this HHS certification is separate from the law enforcement certification on Form I-914B that USCIS requires to approve the T visa itself. T visa principal holders can petition for their spouse and children; principals under 21 can also petition for parents and siblings under 18. T visa holders may adjust to permanent resident status after 3 continuous years in T status, or after completion of the investigation or prosecution of their traffickers — whichever comes first — provided they demonstrate good moral character and cooperation with reasonable law enforcement requests.

Shared Themes and Practical Barriers

Both visas are explicitly available regardless of prior immigration status — an undocumented person who was victimized can apply, and USCIS will not report them to ICE solely because they filed a U or T petition. Bona fide U visa petitioners receive deferred action that suspends removal proceedings. Victims of domestic violence may have overlapping eligibility for U visas and VAWA self-petitions (Form I-360); VAWA doesn't require law enforcement certification and isn't subject to an annual cap, making it often faster for domestic violence victims married to U.S. citizens or lawful permanent residents — but U visas cover a broader population including unmarried partners and victims not married to their abuser.

The certification requirement remains the most significant practical barrier. No federal law compels a law enforcement agency to certify a victim; some jurisdictions have policies restricting certifications while others certify readily. Labor agencies and civil rights agencies — including the EEOC, NLRB, and state labor departments — can certify victims of labor trafficking and workplace crimes, expanding options beyond local police for workers in exploitation-prone industries. The Biden administration formalized the bona fide determination policy for U visa waitlisters in 2022, providing work authorization to hundreds of thousands pending. The second Trump administration (beginning January 2025) moved to restrict those deferred action grants, arguing the executive lacked authority for such a large-scale protection; litigation over the restrictions was pending in federal courts as of April 2026. ICE enforcement actions at courthouses and victim service locations also created a chilling effect on reporting and certification cooperation.

How It Affects You

Undocumented immigrant who was a victim of domestic violence and is afraid of deportation. You can file a U visa petition (Form I-918) even though you are undocumented. The immediate priority is obtaining the I-918B certification from local police, a prosecutor, or a civil agency. Domestic violence advocacy organizations and legal aid providers (find one at lawhelp.org or immigrationadvocates.org) often have established relationships with certifying agencies. Once USCIS determines your petition is bona fide, you receive deferred action — ICE cannot remove you — and you can apply for a work permit while waiting for your visa number. Given the current backlog of 350,000+, your visa may not issue for 10+ years, but your deferred action status renews while you wait.

Labor trafficking survivor working in a domestic service job. If you were brought to the United States under false pretenses, forced to work without pay, or had your documents confiscated, you likely qualify for a T visa. Unlike the U visa, T visas are not backlogged and can be processed within a year or less. You can obtain an HHS certification letter (call the National Human Trafficking Hotline at 1-888-373-7888) to access Medicaid and food assistance immediately while your T visa application is pending. If you cooperated or are willing to cooperate with federal investigators, your attorney can pursue Form I-914 with the I-914B law enforcement certification. As a T visa holder, you are entitled to federal benefits on the same basis as refugees — including refugee cash assistance and medical assistance — for the first 8 months.

Crime victim whose local police department refuses to certify. You are not limited to local police. Federal agencies — including DHS components, the Equal Employment Opportunity Commission, the Department of Labor Wage and Hour Division, and the National Labor Relations Board — are designated certifying agencies for U visas. If you experienced crimes in a workplace context (forced labor, wage theft paired with threats, sexual assault by an employer), a labor agency may be an appropriate certifier. Some states have passed laws requiring law enforcement to respond to certification requests within 90 days (California, Illinois). Contact a BIA-accredited immigration attorney or legal aid organization to identify the right certifier for your situation.

U visa holder approaching the 3-year mark and considering a green card. You may file Form I-485 (adjustment of status) after 3 years in U status if you have maintained continuous presence and have not refused to cooperate with law enforcement. Your attorney will submit a certification from law enforcement that you have not unreasonably refused cooperation, or document an exception. Many inadmissibility grounds that would normally bar a green card can be waived on humanitarian grounds for U and T visa holders — consult an attorney because the waiver standard is more favorable than in standard adjustment cases. Budget at least 12–18 months for USCIS to process the adjustment application.

Parent of a minor child who was trafficked. If your child under 18 was a trafficking victim, the child may qualify for a T visa without having to comply with law enforcement cooperation requirements (the minor exception applies automatically). HHS will issue an eligibility letter — rather than a certification letter — for minor victims. As the parent of a minor T visa holder who is under 21, you may be eligible for derivative T visa status, allowing you to remain lawfully in the United States. Contact the Office on Trafficking in Persons (acf.hhs.gov/otip) and a trafficking-specialized legal advocate; many organizations provide free representation in T visa cases for minors.

State Variations

State law does not create U or T visa eligibility — those are exclusively federal — but states substantially affect the practical availability of these visas through certification practices.

Mandatory certification laws. California (Government Code § 679.10), Illinois (725 ILCS 240), Colorado, and New York require law enforcement agencies to respond to U visa certification requests and provide certifications when the legal standard is met. These laws reduce (but do not eliminate) certification denials and require timely responses.

Labor agency certification. Several states authorize their labor departments to issue U visa certifications for labor crime victims, supplementing law enforcement certifications. California's Labor Commissioner certifies victims of labor trafficking, wage theft, and related crimes.

Sanctuary and enforcement environment. In jurisdictions with sanctuary policies limiting ICE cooperation, victims are more likely to report crimes to local police without fear of deportation, increasing access to certifications. In high-enforcement jurisdictions, fear of law enforcement contact depresses reporting regardless of U and T visa protections.

Benefits access for T visa holders. T visa holders receive federal benefits as refugees. State-funded benefits for crime victims (victim compensation funds, shelter, legal services) vary; most states make them available to U and T visa applicants regardless of immigration status under state victim compensation programs.

Implementing Regulations

• 8 C.F.R. § 214.14 — Full U visa regulatory framework: eligibility, petition procedures, bona fide determination, derivatives, adjustment of status
• 8 C.F.R. § 214.11 — Full T visa regulatory framework: eligibility, law enforcement certification, benefits, adjustment
• 8 C.F.R. § 245.24 — Adjustment of status procedures for U visa holders
• 8 C.F.R. § 245.23 — Adjustment of status procedures for T visa holders
• 22 C.F.R. § 40.302 — State Department procedures for T visa issuance at consular posts (limited; most T visas issued domestically)

USCIS policy guidance on U visa bona fide determinations is in the USCIS Policy Manual, Volume 3, Part C. HHS Office on Trafficking in Persons guidance on T visa certification and benefits is at acf.hhs.gov/otip.

Pending Legislation

HEROES Act / VAWA reauthorization amendments periodically proposed increasing the U visa cap from 10,000 to 30,000 annually to address the massive backlog. No cap increase has passed as of 2026.

Trafficking survivors bills have been introduced in several Congresses to streamline T visa certification and reduce barriers for survivors who cannot or will not cooperate with law enforcement due to trauma. These include creating a more victim-centered certification standard that focuses on trafficking status rather than cooperation with prosecution.

Trump administration regulatory actions (2025–2026). Executive Order 14159 (January 2025) directed DHS to review deferred action grants, placing the U visa waitlist deferred action policy in legal jeopardy. DHS subsequently rescinded automatic deferred action for bona fide U visa petitioners in certain circumstances; courts issued preliminary injunctions in some circuits. The legal status of waitlist protection was unresolved as of April 2026.

Recent Developments

Bona fide determination litigation (2025–2026). Federal courts in the Ninth Circuit issued injunctions protecting deferred action for U visa waitlisters after the Trump administration attempted to terminate the program. The conflict between executive authority to grant deferred action and the administration's enforcement priorities produced divergent rulings across circuits, with the Supreme Court likely to address the issue.

ICE courthouse enforcement. The second Trump administration rescinded Obama-era policies limiting immigration arrests at courthouses, hospitals, and victim service locations. Advocacy organizations documented cases in which trafficking and crime victims declined to cooperate with law enforcement or pursue U and T visas out of fear of ICE contact, undermining the public safety rationale for both programs.

USCIS processing improvements. In late 2023 and 2024, USCIS implemented a new bona fide determination workflow intended to speed work authorization grants for waitlisted U visa petitioners. As of early 2025, many petitioners who applied in 2020–2021 were receiving bona fide determinations, though earlier petitioners (2015–2019) were receiving actual U visa numbers.

T visa utilization. Despite the 5,000 annual cap, T visas have never been fully subscribed — fewer than 2,000 are typically issued per year. Studies consistently identify awareness gaps (potential applicants not knowing the visa exists), certification barriers (law enforcement reluctance), and the trauma-related difficulty of meeting cooperation requirements as the primary reasons the cap goes unmet.