This post contains links shared and resources referenced during the January 28, 2026 Legal Working Group call. Consider joining our calls to benefit from the live discussion and context within which these resources were shared.
Resources shared & referenced
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Trafficking analysis
- Attempted trafficking
- CAST FAQ
- Regs: 8 CFR § 214.206(a)(2)
- USCIS Policy Manual
- CAST DV/HT Toolkit
- CAST advisory, Understanding the Legal Definition of Human Trafficking (updated Mar. 2025)
- *Note our Legal Working Group structure update below, with the addition of trafficking analysis 1st Wednesdays!
- Attempted trafficking
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Waivers of inadmissibility
- As initial required evidence (or not)
- T visa regulations
- 8 CFR § 214.204(c): listing initial required evidence
- 8 CFR § 214.204(d): addressing inadmissible applicants
- USCIS Policy Manual: 3 USCIS-PM B.3(C)(3)
- USCIS I-914 webpage (under "Checklist of Required Initial Evidence")
- Form I-914 Instructions (1/20/25 edition, p. 14)
- T visa regulations
- And relation to T bona fide determinations
- Preamble to 2024 T Final Rule at 34876.
- ILRC, California Crimes Summaries (2022)
- As initial required evidence (or not)
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Correcting EAD & I-94 errors
- USCIS webpages
- Employment Authorization Document (under “Replace an EAD”)
- Immigration Documents and How to Correct, Update, or Replace Them
- USCIS Policy Manual
- Vol. 1, Part E, Ch. 5(A) (Verification of Identifying Information, Full Legal Name)
- Vol. 11, Part A, Ch. 3 (Reissuance of Secure Identity Documents)
- USCIS webpages
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Communication options for “protected persons” (including T nonimmigrants)
- USCIS webpages
- Contact Us (under “Inquiries for VAWA, T, and U Filings (Including Form I-751 Abuse Waivers))
- USCIS Contact Center (under “Live Assistance”—see section on VAWA/U/T cases)
- USCIS Policy Manual: Vol. 1, Part A, Ch. 7(E)(3) (USCIS assistance in VAWA, T, and U cases)
- USCIS webpages
- FOIA
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Updated USCIS guidance on discretion
- USCIS Policy Alerts
- PA-2025-16, Clarifying Discretionary Factors in Certain Immigration Benefit Requests (Aug. 19, 2025)
- PA-2025-26, Impact of INA 212(f) on USCIS' Adjudication of Discretionary Benefits (Nov. 27, 2025)
- Select impacted USCIS Policy Manual sections
- Vol. 1, Part E, Ch. 8 (general policies & procedures, discretionary analysis)
- Vol. 2, Part A, Ch. 4 (nonimmigrant extensions of stay)
- Vol. 7, Part A, Ch. 10 (adjustment of status)
- Vol. 9, Part A, Ch. 5 (waivers)
- Vol. 10, Part A, Ch. 4 (employment authorization)
- Practice pointers
- AILA Practice Pointer: Preparing and Defending Cases Under New Guidelines for Discretionary Review: Positive and Negatives for Nationals of 19 Countries, AILA Doc. 25122934 (Dec. 2025)
- ASISTA Practice Alert: USCIS Extreme Vetting Policies and their Implications for Immigrant Survivors (Dec. 2025)
- USCIS Policy Alerts
Upcoming trainings, panels, & conferences
- Freedom Network Annual Trafficking Conference (VIRTUAL) - March 25-26, 2026.
- Immigrant Legal Resource Center Immigration Briefings (Jan to June 2026) – register here.
Important Legal Working Group updates - starting February 4, 2026!
We're restructuring our Legal Working Group calls to enhance our technical assistance and ensure everyone gets the most out of these sessions.
New monthly call structure:
- 1st Wednesday: Trafficking analysis questions only
- 3rd Wednesday: Trauma-informed/non-legal topics only
- All other calls: General legal questions
Requirements to submit a trafficking analysis question for a 1st Wednesday call:
- You must have completed Human Trafficking Defined (including passing the quiz) OR an EMP Analysis Workshop. This ensures everyone has the foundational framework for us to effectively walk through the analysis. Any legal practitioner is welcome to attend and listen to the analysis during a 1st Wednesday call, however!
- If you've completed an EMP worksheet for the case, we'll prioritize your question when we receive multiple submissions.
Stay connected!