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Human Trafficking Prevention Engagement
Jan 27, 2022
Pre-submitted Questions
Processing Times
Q1. Is USCIS making any changes to speed up processing times for T Visas? The 5,000 visa
annual cap has never been met yet it takes at least two years for most cases to be
adjudicated.
A1. The current processing time of 17.5 – 36.5 months for T visa applications relates to “how
long it is taking USCIS to process your case from the date we received it” (quote from public
USCIS I-914 processing time site).
This timeframe is affected by many factors, including cases held by outside agencies
pending investigation, pending security/fingerprint appointments and checks, requests for
evidence (RFEs), etc.
Additionally, USCIS highlights the following:
• USCIS added resources to the T visa program in FY 2020.
• The Vermont Service Center (VSC) does not have a large backlog of pending cases
awaiting initial review.
• VSC officers are actively adjudicating cases that are eligible to be adjudicated (those
not pending biometrics/fingerprint/security checks, not held for investigation, etc.).
• Please note, to ensure timely adjudication of their benefit request, T visa applicants
should attend scheduled biometrics appointments or request an amended
appointment per the instructions on the biometrics notice.
• USCIS issued a record number of decisions on T visa applications in FY 2020, including
approvals.
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Q2. What is the "average" time it takes to complete a T/U Visa application? Is there a
processing difference (timeline) between U visas and T visas?
A2. Each case is reviewed on its own merits based on the evidence provided by the
applicant/petitioner. This may cause varied completion times, particularly if USCIS must request
additional information to complete its review of the case.
USCIS posts processing times for the Form I-914, Application for T Nonimmigrant Status, on
its public website at https://egov.uscis.gov/processing-times/. The current posted processing
time for Form I-914 is 17.5 – 36.5 months.
For Form I-918, Petition for U Nonimmigrant Status, historically, USCIS has reported the
processing time from filing to waiting list determination. On June 14, 2021, USCIS updated
the USCIS Policy Manual to implement the bona fide determination (BFD) process for U
adjudications. While USCIS implements the BFD process and gathers initial data on the BFD
adjudications, including the possible impacts of the new process on overall U adjudications,
USCIS is not reporting processing times for Form I-918. USCIS is collecting the data necessary
to report accurate BFD processing times and plans to update the Form I-918 processing time
page as soon as feasible.
For reference, the final processing time range calculated under the pre-BFD process, marking
the time from initial filing to waiting list determination, was 60.5 – 61 months.
T Visa
Q3. Since bona fide determinations in T visa can be critical for public benefits access for many
trafficking victims in what percentage of the cases currently is USCIS making bona fide
determinations and how long are they taking? How much in advance of the receipt of the T visa
are bona fide determinations being made? With the delays in processing up to 39 months, will
USCIS follow its guidance to issue BFDs if a T application is not adjudicated within 90 days?
The USCIS Memorandum from Michael Aytes, Response to Recommendation 39: “Improving
the Process for Victims of Trafficking and Certain Criminal Activity: The T and U Visas” (May 22,
2009) states at pages 3-4 that, should processing times for a T Nonimmigrant application
exceed 90 days, “USCIS will conduct bona fide determinations for the purpose of issuing
employment authorization.”
A3. USCIS currently does not conduct T visa bona fide determination (BFD) review.
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Under current T visa regulations, the requirements for a T BFD review are largely the same
as a full T nonimmigrant status adjudication. In practice, this would mean the time
necessary to conduct a T BFD review would be the same as a full T nonimmigrant status
adjudication.
If USCIS conducted both a T BFD review and T nonimmigrant status review, the agency
would in practice be conducting two full reviews. This would double the number of
adjudications and significantly increase processing times for the T visa.
USCIS received public comments on the T Interim Rule and the notice reopening the
comment period regarding the implementation of a T BFD process and is reviewing those
comments now to consider in drafting the Final Rule.
U Visa
Q4. What is the current processing rate for Bona Fide Determinations on U visa petitions? Will
U visa petitions be reviewed continuously throughout the year to make Bona Fide
Determinations, or will they be reviewed only until USCIS has reviewed a certain number of
applications? Where can the public find out what receipt date Bona Fide Determination
processing is current through?
A4. USCIS will generally adjudicate cases for U BFDs in receipt date order, starting with the
oldest pending petitions that had not already gone through a waiting list adjudication.
Petitioners do not have to request a U BFD review. USCIS will automatically conduct the U BFD
review when the petition is up for adjudication.
While U visas are subject to the statutory cap of 10,000 visas per fiscal year, U BFD reviews do
not have a Congressionally mandated cap. U BFD reviews will be conducted throughout the
fiscal year.
For more information on the U BFD process, please visit the USCIS U BFD Policy Manual
chapter at https://www.uscis.gov/policy-manual/volume-3-part-c-chapter-5.
USCIS has also posted a U BFD FAQ page to its website at
https://www.uscis.gov/records/electronic-reading-room/u-nonimmigrant-status-bona- fide-
determination-process-faqs.
For Form I-918, historically, USCIS has reported the processing time from filing to waiting list
determination. On June 14, 2021, USCIS updated the USCIS Policy Manual to implement the
BFD process for U adjudications. While USCIS implements the BFD process and gathers initial
data on BFD adjudications, including the possible impacts of the new
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process on overall U adjudications, USCIS is not reporting processing times for Form I- 918.
USCIS is collecting the data necessary to report accurate BFD processing times and plans to
update the Form I-918 processing time page as soon as feasible. For reference, the final
processing time range calculated under the pre-BFD process, marking the time from initial
filing to waiting list determination, was 60.5 – 61 months.
Notices
Q5. When we receive I-192 approval notices, not all of the grounds of inadmissibility we asked
to be waived are cited on the approval notice as being waived. I have then communicated with
the VSC by email to obtain an amended I-192 approval notice with all grounds listed, and more
than a year later, VSC has not issued an amended approval notice. How are these being
handled? Is there guidance for practitioners on how to handle this?
A5. Generally, USCIS will not waive a ground of inadmissibility solely based on the request of
an applicant if that request is not supported by credible evidence in the record. If after review
of the applicant’s Form I-192, USCIS did not find the applicant inadmissible under the
requested ground(s) of inadmissibility, an amended notice would not be issued.
Q6. Let’s say U visa applicant got his U visa approved and at the time of his initial filling for U
visa he also filed form I-192, will USCIS Approve Form I-192 at the time of approving U visa? if
so, can this be enough for U visa recipient who is in US at the time of receiving U visa
Approval to travel to his/her home country and directly book a visa appointment at US
Consulate without requiring to file for I-192 again?
A6. Under regulation, a U visa petitioner must be admissible to the U.S. or have any
inadmissibility grounds waived to be approved for the underlying U visa. Therefore, a U
petition cannot be approved until all inadmissibility grounds have been waived.
If an individual in U nonimmigrant status wishes to depart the U.S., the U nonimmigrant
individual will have to go through State Department consular processing to re-enter the U.S.
If new or previously undiscovered inadmissibility grounds are found during State Department
consular processing, the U nonimmigrant individual will need to file a new Form I-192 with
USCIS for adjudication. If those inadmissibility grounds are waived by USCIS, USCIS will inform
the State Department of the approved waiver(s) so the State Department may proceed with
issuing a visa to re-enter the U.S.
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Other Operational Questions
Q7. How much does a Supp. B declaration strengthen a T-visa application?
A7. The I-914, Supplement B declaration (Form I-914B) is not required evidence for T visa
eligibility but rather optional evidence that can be submitted to help demonstrate
victimization and/or compliance with reasonable requests for assistance from law
enforcement or another certifying agency. A law enforcement agency (LEA) endorsement is
not mandatory and is not given any special evidentiary weight but does provide useful
information to USCIS while evaluating the applicant’s eligibility for the T visa. An LEA
endorsement itself does not grant a benefit and is one form of possible evidence but it does
not lead to automatic approval of the application for T nonimmigrant status by USCIS.
Q8. What is the VSC preferred process for handling extensions of status for overseas
derivatives who have not yet consular processed where T-1 principal has already filed I-
485?
A8. If the principal has already filed and has a pending I-485 application while still having
derivative family members overseas who have not been initially admitted as T
nonimmigrants, the principal may withdraw the I-485 and file an I-539 for the principal. The
principal’s I-539 should specifically note the exceptional circumstances in the case: the
approved derivative remains overseas seeking consular processing, and the principal’s T-1
validity period is expiring.
Once a Form I-485 is filed by the principal T-1, USCIS operates under the assumption that the
applicant wishes to have that application adjudicated and generally will not hold cases in
abeyance. The T-1 principal should file an I-539 prior to the expiration of their T
nonimmigrant status so as to not risk having their status lapse.
Q9. Is there a way to request that a case be expedited if the applicant is in removal
proceedings or has an order of removal that is soon to be executed?
A9. An expedite request, based solely on an applicant being in active removal proceedings,
will only be considered if requested by U.S. Immigration and Customs Enforcement (ICE). If a T
nonimmigrant status applicant is in removal proceedings or subject to a final order of
removal, the applicant may inform ICE of the pending T nonimmigrant status application and
request ICE make a request for expedited review to USCIS. However, USCIS will consider an
expedite request for emergent and humanitarian reasons, among other circumstances, when
requested by the applicant, the applicant’s representative, or other eligible entity. See USCIS
Policy Manual Volume 1, Part A, Chapter 5.
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Q10. Many victims of human trafficking are migrant workers or, otherwise, do not have a
stable residential address. Is the Vermont Service Center flexible in considering requests for
rescheduling of biometric appointments for these victims? Can a person in this circumstance
request more than one appointment to be rescheduled to other locations if necessary? And
how should that person and/or their attorney make those requests?
A10. Upon receiving the Form I-914 application, USCIS will issue a notice of receipt and
schedule a biometrics appointment for the T applicant.
If the T applicant does not attend the first biometrics appointment, USCIS generally issues
an additional appointment notice. If the T applicant does not attend the second
appointment, USCIS may deny the T application due to abandonment.
The attorney/representative of record may reach out to USCIS via the VSC email hotline at
hotlinefollowupi918i914.vsc@uscis.dhs.gov to request a new date/time for the T applicant’s
biometric appointment, or to request a location change for the appointment. The
attorney/representative of record should also ensure both the safe address and physical
address of the T applicant are always up to date to avoid potential processing delays.
Unrepresented T applicants in need of an updated biometric appointment, including a new
date/time or location, may send a signed written request to the Vermont Service Center:
U.S. Citizenship and Immigration Services
Vermont Service Center
ATTN: Humanitarian Division
38 River Road
Essex Junction, VT 05479-0001
Q11. Is there an ombudsman office, or some other type of monitor advocate/monitoring
office, that victims’ attorneys can contact if they have not received a response from the VSC
within a reasonable amount of time or they have reached an impasse with the VSC after
having attempted resolution via e-mail to hotlinefollowupi918[email protected]v?
A11. Due to USCIS COVID-19 safety procedures, USCIS cannot currently use the VSC phone
hotline for customer service inquires. USCIS continues to monitor and utilize the VSC
email hotline to respond to customer service inquiries.
Current response times for customer service inquiries to the VSC hotline is approximately 14
days.
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The DHS Office of the Citizenship and Immigration Services Ombudsman is dedicated to
improving the quality of citizenship and immigration services delivered to the public by
providing individual case assistance, identifying systemic issues, and making
recommendations to improve the administration of immigration benefits by USCIS.
Q12. Is there any plans of digitizing the whole U, T and VAWA application ecosystem to
improve the processing times? (as per my calculations U visa applications alone can have up
to 28,000,000 paper documents).
A12. USCIS continually looks to improve efficiencies in adjudications and processing times. At
this time, USCIS cannot provide a timeline or details on digitization in the VAWA, T and U
programs.
Q13. Do T visa victims have to meet the same requirements as U visa victims? (be
cooperative, follow through with the investigation, be willing to prosecute etc.)
A13. To establish cooperation with law enforcement requests for assistance, T visa applicants
must, at a minimum, have had contact with an LEA, or other certifying agency, regarding their
victimization unless an exemption (due to the age of the victim) or exception (due to trauma
suffered) applies. The law enforcement/certifying agency cooperation requirement in the T
visa program is not an ongoing requirement. Moreover, there is no requirement to
demonstrate that the applicant’s reporting to law enforcement, or other certifying agency,
results in an opened investigation or concluded prosecution.
A U visa petitioner must establish that he or she has been helpful, is being helpful, or is likely
to be helpful to a certifying agency in the detection, investigation, prosecution, sentencing, or
conviction of qualifying criminal activity, and that since the initiation of cooperation, has not
refused or failed to provide information and assistance reasonably requested. To establish
cooperation with law enforcement requests for assistance, U visa petitioners are required to
submit a Form I-918, Supplement B, U Nonimmigrant Status Certification (Form I-918B).
Q14. Victims of trafficking are able to submit the Form -I-914 Petition for T Non-immigrant
status without the Form I-914 Supplement B if the crime of trafficking was/has not been
prosecuted, or otherwise certification cannot be obtained." If above statement is true, what
documents will USCIS consider, or accept from a petitioner as a substitute for "Form I-914,
Supplement B" to determine whether a pending Form I-914 Petition for T Non- immigrant
status is bona fide?
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A14. USCIS currently does not make T bona fide determinations. However, to satisfy eligibility
for purposes of a full T nonimmigrant status adjudication applicants can provide any credible
evidence to demonstrate that they have cooperated with any reasonable requests for
assistance from law enforcement, including:
• Form I-914, Supplement B;
• Documentation of a grant of Continued Presence;
• A personal statement explaining the applicant’s efforts to report to an LEA and the
response or lack of response from the LEA; and
• Any credible evidence demonstrating the victim’s willingness to assist in the
detection, investigation, or prosecution of a severe form of trafficking in persons, such
as:
o Trial transcripts;
o Court documents;
o Police reports;
o News articles;
o Copies of reimbursement forms for travel to and from court;
o Affidavits from the victim and other witnesses; and
o Any other credible evidence.
Q15. Considering lengthy processing times for, when will USCIS begin making bona fide
determinations under 8 CFR § 214.11(e) to then allow access to work authorization for T visa
applicants while their applications are pending? A bona fide determination (BFD) is also
critical for a survivor in removal proceedings or in immigration detention.
A15. USCIS received public comments on the T interim rule regarding the Bona Fide
Determination in the T program. USCIS is considering these comments as we draft the T Final
Rule.
Q16. Can you explain the timeline between the T Policy Manual publication and
comment period closure for the Interim Final rule?
A16. USCIS published policy guidance on T visa adjudications in Volumes 3/Part B and
Volume 9/Part O Policy Manual in October 2021. The policy manual provides
comprehensive guidance for T visa adjudications and clarifies the agency’s interpretation
of existing T regulations.
Separately, finalizing the T regulations continues to be a priority for the agency, as reflected
in the Unified Agenda of Regulatory and Deregulatory Actions. USCIS reopened the comment
period for the 2016 Interim Final T Rule for a total of 60 days
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to ensure that stakeholders had sufficient time to provide feedback and ensure that USCIS
could consider the input of those who may be affected by this the finalization of the T visa
regulations.
Q17. What is the anticipated timeline for publishing T Final Rule?
A17. Publication of agency regulations content is dependent on a variety of factors,
including a departmental and interagency review process. While we are not able to provide a
timeline for the publication of the T Final Rule at this time, we can confirm that we are
actively working on the rulemaking.
Q18. Can you describe the trauma exception and child exceptions to the T Visa
cooperation requirement?
A18. An applicant for T nonimmigrant status is exempt from the requirement to comply
with reasonable law enforcement requests if they were under 18 years of age at the time at
least one of the acts of trafficking occurred.
An applicant may qualify for an exception to the requirement to comply with reasonable law
enforcement requests if the applicant can establish that their lack of contact with an LEA or
compliance with a reasonable request for assistance is due to physical or psychological
trauma.
For additional information, see Volume 3, Part B of the USCIS Policy Manual.
Q19. Are T visa cases confidential?
A19. USCIS protects against the unauthorized disclosure of personally identifiable
information that it collects, disseminates, uses, or maintains. VAWA self-petitioners as well as
petitioners for U nonimmigrant status, and applicants for T nonimmigrant status are entitled
to special protections with regard to confidentiality under 8 U.S.C. 1367. This statute prohibits
the disclosure of any information about petitioners and applicants for VAWA, T, and U-related
benefit requests and their derivatives to anyone other than an officer or employee of DHS, the
Department of Justice (DOJ), or the Department of State (DOS) with a legitimate agency
purpose, subject to certain limited exceptions.
T nonimmigrant status applications, U nonimmigrant status petitions, and VAWA self-
petitions are all adjudicated at a service center by officers who are specially trained in these
form types. Victims may use a “safe address” on their petition. This can be the address of an
attorney, preparer, shelter, or other safe place. USCIS will use the designated safe address as
the mailing address for all correspondence. The VSC and the Nebraska Service Center have
safe address procedures in place to protect this
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information from being released inappropriately.
For further information: USCIS Policy Manual, Volume 1, PM Chapter 7
Q20. Which version of the Form I-914 should we be submitting?
A20. On Jan. 11, 2022, USCIS published an updated edition of the Form I-914. Starting May
2, 2022, we will only accept the 12/02/21 edition. Until then, you can use the 04/15/19
edition. You can find the edition date at the bottom of the page on the form and
instructions.
