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).