Highlights of November 2024 AILA Engagement with USCIS on VAWA, U, and T Issues

CAST participated in AILA’s November 14, 2024 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]

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T Visa Applications: Trends and Projections

In recent years, the number of T visa applications filed by victims of trafficking has seen a dramatic increase. This rise underscores both the growing awareness of the T visa program and the increasing need for protections afforded under this visa category. However, this influx of applications has also had a noticeable effect on the rate at which cases are adjudicated, raising important questions about the system’s capacity to handle the rising demand while maintaining robust protections for survivors.

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AAO 2024 T Nonimmigrant Decisions Analysis

CAST has compiled the latest data on T nonimmigrant (I-914) AAO decisions for the year 2024, offering a focused look into the outcomes and bases of denial in cases related to human trafficking. A total of 20 cases have been published by the AAO, highlighting critical trends that shape the landscape of T nonimmigrant and T adjustment of status appeals.

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New I-914 Form Edition Required as of Sept. 30, 2024

On August 28, 2024, USCIS released a new edition of forms I-914, I-914A, and I-914B, indicating their required use beginning that same day despite previous messaging that the 04/01/24 edition of the I-914 and related forms would be required as of August 28, 2024. To minimize the number of applications rejected due to having been mailed prior to the release of the new edition date, CAST and partners (AILA, ASISTA, and the Freedom Network) reached out to USCIS on August 29, 2024 to request that the agency accept both the 04/01/24 and 08/28/24 editions for a period of time. CAST and partners also requested that USCIS honor the initial received date of any filings with an 04/01/24 edition date that may have been rejected in the interim.

Though CAST and partners have yet to receive a formal response from USCIS, the agency updated its I-914 webpage on August 30, 2024, indicating that the 04/01/24 edition may be submitted through September 29, 2024. Through September 29, 2024, either the 04/01/24 or 08/28/24 edition of forms I-914, I-914A, and I-914B may be submitted. Beginning on September 30, 2024, only the 08/28/24 edition may be submitted.

If submitting an I-914 and I-914As during this period, CAST recommends utilizing the same form edition for all forms to avoid possible rejection.

If an 04/01/24 edition I-914 or I-914A is rejected due to edition date reasons between August 28, 2024 and September 29, 2024, please contact CAST for technical assistance.

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Highlights of August 2024 USCIS Stakeholder Engagement on the T Visa Final Rule

CAST attended an August 15, 2024 stakeholder engagement on the T visa final rule where representatives from the USCIS Office of Policy & Strategy (OP&S), Service Center Operations Directorate (SCOPS), USCIS Contact Center, and Public Engagement Division presented on the final rule and answered pre-submitted and live questions. Except where otherwise indicated as CAST commentary, the notes below have been paraphrased from USCIS’s engagement comments and slides.[1]

The final rule goes into effect on August 28, 2024. For more information on the changes relating to T nonimmigrant status and T adjustment of status, review CAST’s advisory, Overview of the 2024 T Visa Final Rule, which will be updated as new information becomes available.

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