Human trafficking is a form of modern-day slavery involving the recruitment, transportation, harboring, or receipt of individuals through force, fraud, or coercion for the purposes of exploitation. In the context of the H-2 visa program, trafficking can occur when individuals, particularly H-2 visa workers, are deceived, coerced, or forced into labor under exploitative conditions.
If you are the victim of human trafficking and you meet certain requirements, you may be eligible for T nonimmigrant status (T visa).
HUMAN TRAFFICKING
IF YOU ARE MISTREATED, CONTACT THE NATIONAL HUMAN TRAFFICKING HOTLINE AT 1-888-373-7888 (WITHIN THE U.S.), TEXT “HELP” TO 233733 (WITHIN THE U.S.) OR EMAIL NHTRC@POLARISPROJECT.ORG.
TRAINED SPECIALISTS ARE ALWAYS AVAILABLE TO HELP IN MORE THAN 200 LANGUAGES. YOU DO NOT HAVE TO GIVE YOUR NAME OR IDENTIFY YOURSELF. LEARN MORE AT WWW.HUMANTRAFFICKINGHOTLINE.ORG
If you are in immediate danger, call the police at 911 (within the U.S.). Tell them the emergency, your location, and the phone number from which you are calling. Ask for an interpreter if you do not speak English. When the police arrive, you can tell them about the abuse you have suffered.
Relevance to the H-2 Visa Program:
Within the H-2 visa program, human trafficking can manifest in scenarios where workers, often in vulnerable situations due to language barriers, financial dependence, or lack of knowledge about their rights, are subjected to various forms of exploitation. Traffickers take advantage of these vulnerabilities, coercing or deceiving workers into unfair or abusive labor conditions.
Common Indicators of Human Trafficking in the Labor Context for H-2 Visa Workers:
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Deceptive Recruitment: False promises or misrepresentation of job terms or conditions during the recruitment process.
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Document Retention: Employers or labor contractors holding workers' passports or identity documents to restrict their movement or freedom.
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Excessive Deductions: Unlawful deductions from wages, excessive fees, or debt bondage that leave workers financially indebted.
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Isolation and Control: Restriction of movement, isolation from the community, or threats of deportation or harm to family members back in their home country.
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Exploitative Working Conditions: Long hours, low pay, unsafe work environments, and lack of access to basic necessities.
Purpose and Eligibility Criteria for the T Visa:
Purpose and Eligibility Criteria for the T Visa:
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Purpose: The T visa aims to offer protection to victims of human trafficking by granting legal status to those who have been subjected to severe forms of trafficking in persons.
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Eligibility Criteria:
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Be a victim of severe trafficking in persons (labor or sex trafficking).
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Be physically present in the United States due to trafficking.
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Comply with any reasonable request for assistance in the investigation or prosecution of human trafficking (unless under the age of 18 or unable to cooperate due to trauma).
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Benefits of the T Visa:
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Legal Status: T visa holders receive legal status to remain in the United States for up to four years.
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Employment Authorization: T visa holders are eligible to work in the United States.
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Family Members: Eligible family members can also apply for derivative T visas.
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Potential Pathway to Permanent Residency: After maintaining T visa status for three years, individuals can apply for lawful permanent residence (Green Card).
Application Process and Required Documentation:
The application process for a T visa involves several steps and required documentation:
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Form I-914, Application for T Nonimmigrant Status: Complete and submit this form to U.S. Citizenship and Immigration Services (USCIS).
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Personal Statement: Provide a detailed personal statement explaining the circumstances of trafficking and how it affected you.
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Law Enforcement Certification: Include a certification form (Form I-914 Supplement B) completed by a law enforcement agency confirming cooperation in the investigation or prosecution of trafficking.
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Supporting Evidence: Include any relevant evidence supporting your case, such as police reports, medical records, or affidavits.
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Declaration of Continued Presence: If applicable, provide Form I-914, Supplement A, to request a temporary stay in the United States while the T visa application is pending.
Where to File:
Send your complete application package by mail to:
Vermont Service Center
38 River Rd.
Essex Junction, VT 05479-0001
As required by federal regulations, all applications filed with USCIS must be properly completed, submitted, and executed in accordance with the applicable form instructions.
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Properly completed forms help ensure that we can verify the identity and eligibility of applicants, and will help reduce the need for us to issue Requests for Evidence because information is missing on applications.