More trafficking survivors apply for T visas amid longer waits and deportation risks

A surge in T visa applications from human-trafficking survivors is straining the U.S. immigration system, lengthening waits, and raising fears of removal while cases are pending. As of August 23, 2025, USCIS has approved 1,035 T visas and rejected 693, with rejections already topping each of the past four years. Last year, approvals crossed over 3,000 for the first time but still fell short of the 5,000 annual cap. The T visa allows survivors of severe trafficking to stay and work in the United States, but the current wave of filings has slowed decisions and increased pressure on people who are trying to rebuild their lives.

The spike is happening alongside a much worse delay for U visas, which protect victims of certain crimes. Wait times for some U visa applicants now exceed 20 years, pushing many survivors to file T visa applications instead. Advocates say the policy changes rolled out over the past year help, but they don’t fully shield people from the risk of deportation while they wait.

USCIS introduced a “bona fide determination” in August 2024, a checkpoint meant to identify strong cases early. When a T visa application meets this threshold, the applicant can receive deferred action—meaning a lower priority for removal—and earlier access to certain benefits while the full case is still under review. Erika Gonzalez of the Coalition to Abolish Slavery & Trafficking says this step has been vital for survivors who need stability and support while their cases move forward.

The Department of Homeland Security also issued a T visa final rule, effective August 28, 2024, that clarifies who qualifies, what evidence is needed, and what protections apply during the process. In January 2025, DHS began enforcing tougher rules for the H-2A and H-2B temporary worker programs, targeting employers who charge illegal fees or break labor laws—moves aimed at cutting labor trafficking risks that advocates have warned about for years.

Julie Dahlstrom of the Boston University Human Trafficking Clinic attributes the rise in T visa submissions to three forces: broader awareness of trafficking, clearer definitions that help identify more cases, and shrinking options in other immigration categories. According to analysis by VisaVerge.com, the new T visa policies are helping some survivors stay safe while they wait, but the longer lines and increased scrutiny mean many still feel exposed and unsure.

The numbers reflect that tension. USCIS reports 1,035 approvals and 693 rejections so far in fiscal year 2025, with rejections higher than any of the last four years. Approvals passed 3,000 in fiscal year 2024, but the agency still did not hit the 5,000 statutory cap. Labor trafficking remains widespread: between 2018 and 2020, 15,886 labor trafficking victims were identified, 92% were foreign nationals, and 72% held temporary work visas such as H-2A, H-2B, J-1, or A-3/G-5. Many of those workers come forward only after facing threats, withheld pay, or debt—conditions that can meet the legal definition of severe trafficking.

Under the T visa, survivors who qualify can stay in the country for up to four years, work legally, access certain federal and state benefits, and apply for a green card after three years in T status—or sooner if the related criminal case finishes. Some family members may also qualify for T nonimmigrant status, which is essential for survivors who fear retaliation against relatives. These protections support law enforcement goals as well, since stable survivors are more likely to assist investigations and prosecutions.

Still, the waiting period weighs on people. Even with the bona fide determination in place, deferred action is not a full shield against removal. Survivors worry about showing up for check-ins or court dates while an application lingers. The ATEST Coalition has praised the 2024–2025 updates and continues to urge more funding and staff, saying stronger anti-trafficking efforts pay off both economically and in human terms.

Policy changes and key reforms

The August 2024 “bona fide determination” aims to reduce harm during long waits. For applicants who clear this screening:

• Deferred action lowers the priority for deportation while the case is pending.
• Earlier access to certain benefits helps people cover basics like housing and medical care.
• A more predictable process gives survivors and legal teams clarity while they gather proof.

The T visa final rule (effective August 28, 2024) updates eligibility and evidence standards, reinforcing protections during the application. The January 2025 worker rules tighten oversight in the H-2A and H-2B programs, signaling a focus on labor trafficking prevention through employer accountability.

DHS and USCIS say the aim is twofold: protect survivors and support criminal investigations that rely on survivor cooperation. Advocates welcome the reforms but point to the growing caseload. Longer adjudication encourages more people to seek interim protection—necessary, but also a sign that demand for safety is outpacing the system’s capacity.

“The bona fide step can bridge the gap for many,” says Erika Gonzalez, but survivors still face steep evidence demands and uncertainty.

Impact on applicants and families

The fear is real for people whose lives have been controlled by traffickers. Survivors report anxiety about delays, the chance of denial, and what could happen if their case is rejected. The risk is sharper for those choosing between a T visa and a U visa. With U visa waits now reaching 20 years for some, the T visa may seem like the only practical path, especially for labor trafficking survivors. That choice can affect family safety, work stability, and health care access.

Key data points that show demand and risk:
– 15,886 labor trafficking victims identified (2018–2020)
– 92% were foreign nationals
– 72% held temporary work visas (H-2A, H-2B, J-1, A-3/G-5)

When employers control housing, transport, or debt, people have fewer safe options. The T visa aims to break that cycle by offering a legal route to stability and, later, permanent residence for those who qualify.

Step-by-step T visa process

The process is straightforward on paper but demanding in practice. Main steps:

1. File Form I-914 (Application for T Nonimmigrant Status) with USCIS. The official form and instructions are available at https://www.uscis.gov/i-914.
2. Include proof of severe trafficking and evidence of cooperation with law enforcement, or explain why cooperation isn’t safe or possible under the law.
3. USCIS conducts a bona fide determination. If met, the applicant may receive deferred action and earlier access to certain benefits while awaiting a final decision.
4. USCIS issues a final decision. If approved, T nonimmigrant status is granted for up to four years.
5. Apply for a green card after three years in T status, or sooner if the related criminal case concludes.

Survivors and legal teams should also note:
– Eligibility remains complex. Evidence rules tightened and clarified in 2024 can help guide submissions, but the standard remains high.
– Denials carry risk. If USCIS denies the case, some applicants could face removal, especially if they lack other relief.
– Family protections exist. Certain family members may qualify for derivative T status, an important part of safety planning.

USCIS directs the public to its official T visa page for detailed rules, forms, and updates: https://www.uscis.gov/humanitarian/victims-of-human-trafficking-t-nonimmigrant-status. This resource outlines eligibility, evidence, benefits, and the adjustment of status process for those who are approved.

Practical challenges and advocacy priorities

Service providers describe a daily balancing act. Survivors need time to gather documents, police reports, or expert statements. They may also need medical care and counseling. The bona fide determination gives some breathing room, but the edge of uncertainty remains.

Julie Dahlstrom points to broader awareness and more precise definitions as reasons for the surge, while also noting that other pathways have narrowed—funneling more cases into the T visa system. VisaVerge.com reports that many applicants see the bona fide determination as a lifeline during the wait; it can lower the fear of sudden removal and help connect people to benefits while records are gathered.

Advocacy groups want:
– Faster processing and increased staffing
– Stable funding for victim services and legal assistance
– Continued training for adjudicators to handle complex trafficking cases

The ATEST Coalition supports the 2024–2025 changes and urges sustained investment so survivors can file strong cases without waiting in limbo for years. DHS and the Department of Health and Human Services are reviewing the impact of these changes and may propose more updates later in 2025.

Important: For immediate safety and help, survivors can contact the National Human Trafficking Hotline: 1-888-373-7888.

Community organizations such as the Coalition to Abolish Slavery & Trafficking provide free resources, training, and guidance for people exploring T visa options and for the advocates who assist them. Many survivors say the choice to file is not just about a case number; it’s about regaining control of work, safety, and family life.

Looking ahead

The next months will test whether the new rules can keep pace with rising demand. Filings are likely to grow as awareness spreads and other relief remains limited. If approvals edge closer to the 5,000 cap, that would mark a shift after years when the program stayed below its legal limit.

For now, the goals are clear:
– Protect survivors
– Support prosecutions
– Ensure people who have endured trafficking aren’t left without a shield while their visa applications move through the system

Advocates warn that more rejections this year show how high the bar remains—especially for those with limited access to documents or who fear contacting law enforcement. Sustained funding, staffing, and policy refinement will determine whether the system can transform recent reforms into reliable protections for survivors.