The T visa

What the law provides

• Who it is for. A victim of a severe form of trafficking in persons. INA 101(a)(15)(T).
• The application. Form I-914, filed with and decided by USCIS.
• The cap. 5,000 a year. INA 214(o)(2).
• The regulations. 8 C.F.R. 214.200 through 214.216.

The elements

Under INA 101(a)(15)(T)(i) and 8 U.S.C. 1101(a)(15)(T), as of October 2026, you show that you:

• Are or were a victim of a severe form of trafficking in persons, as defined in 22 U.S.C. 7102;
• Are physically present in the United States, American Samoa, the Northern Mariana Islands, or at a port of entry, on account of the trafficking;
• Have complied with reasonable requests for assistance in the investigation or prosecution, or could not because of physical or psychological trauma, or are under 18; and
• Would suffer extreme hardship involving unusual and severe harm if removed.

Family members

If you are under 21: your spouse, children, unmarried siblings under 18 and parents. If you are 21 or older: your spouse and children. Relatives in present danger of retaliation may also qualify (INA 101(a)(15)(T)(ii)).

From T visa to green card

Under INA 245(l)(1)-(6) and 8 U.S.C. 1255(l), a T nonimmigrant may adjust status after:

• 3 years of continuous physical presence since T admission, or the length of a completed investigation or prosecution if that is shorter;
• good moral character throughout (a disqualification caused by the trafficking may be waived); and
• either compliance with reasonable requests for assistance, extreme hardship involving unusual and severe harm on removal, or being under 18 at the time of victimization.

A single absence over 90 days, or over 180 days in total, breaks continuous presence, with the same exceptions as the U visa rule. Adjustment is capped at 5,000 principals a year; family members are not counted. The official instructions are on the Form I-914 page on uscis.gov.

If you are in immigration court

The judge does not decide the T visa. USCIS does. Trafficking cases sometimes reach immigration court because the person was picked up in the situation the trafficker created. The court is asked to wait while USCIS decides. Start at VAWA in immigration court, and if you are detained, at detained survivors.

Your information

Under 8 U.S.C. 1367(a)(2), DHS, the Justice Department and the State Department may not disclose information about a T visa applicant to anyone, with limited exceptions. That protection binds those federal agencies. It does not stop anyone from calling ICE, which is the firm's reading of the statute's reach, explained on confidentiality.

Read next: the U visa, other paths compared, when the abuser has your documents, or how your information is protected.