DHS Publishes T Visa Final Rule

On April 30, 2024, DHS published a final rule updating the 2016 interim T visa regulations and creating an entirely new subpart (8 CFR 214 Subpart C) to reorganize and house the final regulations pertaining to T nonimmigrant status.[1] The final rule goes into effect August 28, 2024.

CAST's advisory, Overview of the 2024 T Visa Final Rule, provides a summary of the changes impacting applicants for T nonimmigrant status and T adjustment of status. The advisory, intended for licensed attorneys and DOJ accredited representatives, links to existing agency guidance and to CAST resources that will be updated to reflect the final regulations and accompanying agency guidance. The advisory does not provide a comprehensive analysis of the changes, does not address all changes, and does not replace a thorough reading of the regulations and accompanying agency guidance.[2]

A list of CAST T visa-related advisories and resources can be found here

---

[1] 8 CFR 214 Subpart C, Noncitizen Victims of Severe Forms of Trafficking in Persons now houses the regulations for T nonimmigrant status in §§ 200 to 216. T adjustment regulations were not renumbered and remain at 8 CFR § 245.23. Similarly, the T nonimmigrant waiver and T adjustment waiver provisions remain at 8 CFR §§ 212.16 and 212.18, respectively.

[2] To better understand the meaning behind the regulatory text, practitioners should review the preamble to the regulations (available in the Federal Register notice, 89 Fed. Reg. 34864) and the relevant USCIS Policy Manual sections (Vol. 3, Part B – Victims of Trafficking,  Vol. 9, Part O – Victims of Trafficking (Waivers), and Vol. 7, Part J – Trafficking Victim-Based Adjustment).

Share

Highlights of November 2023 AILA Engagement with USCIS on VAWA, U, and T Issues

CAST participated in AILA’s November 16, 2023 Engagement with USCIS on VAWA, U, and T issues where representatives from the USCIS Office of Policy & Strategy (OP&S), Service Center Operations Directorate (SCOPS), and Public Engagement Division discussed issues relating to T visas and other humanitarian remedies. Key takeaways for T visa practitioners are below.[1]

Read more
Share

AAO 2023 T Nonimmigrant Decisions Analysis

Updated November 27, 2023

CAST has complied the latest data on T nonimmigrant (I-914) AAO decisions for the year 2023 providing a look into the outcomes and basis of denial in cases related to human trafficking. As of November 27, 2023, a total of 29 cases have been published by the AAO. This data is meant to highlight interesting trends that continue to shape the landscape of T nonimmigrant and T adjustment of status appeals. In this post, we will share the specifics of the 2023 data.

Note: We will update this page as the final 2023 are published.

Read more
Share

Highlights of May 2023 USCIS Engagement on VAWA, U, and T issues with AILA + Coalition Partners

CAST attended USCIS’s May 8, 2023 Engagement on VAWA, U, and T issues where representatives from the USCIS Office of Policy & Strategy (OP&S), Service Center Operations Directorate (SCOPS), and Public Engagement Division discussed issues relating to T visas and other humanitarian remedies. Key take-aways for T visa practitioners are below.[1]

Read more
Share

Highlights of April 2023 Engagement with USCIS on T Visas

On April 17, 2023, CAST moderated a panel focused on T visas with representatives from the USCIS Office of Policy & Strategy (OP&S) and the Vermont Service Center (VSC) at the annual Freedom Network Conference. Key takeaways for T visa practitioners are as follows:

Read more
Share