The T Visa Physical Presence Eligibility Requirement

Important Update: The T Final Rule was released on April 30, 2024, updating all T visa regulations. These changes will be effective starting August 28, 2024. As a result, our resources may be temporarily out of date.

CAST is actively working on updating all our trainings, advisories, and guides to reflect the new T visa regulations. We appreciate your patience during this transition period and encourage you to review the new regulations while we update our resources.

Thank you for your understanding.

Target Audience

This toolkit is for use by attorneys and DOJ accredited representatives who are exploring possible T visa relief for a trafficking survivor and by other legal practitioners working under the supervision of a licensed attorney.

Toolkit Contents

The toolkit addresses the T visa physical presence eligibility requirement and offers suggestions for how to approach physical presence based on the facts of the client’s case. The toolkit’s contents are as follows:

CAST suggests that legal practitioners new to T visa practice begin by reviewing the brief Quick Reference Guide along with CAST’s e-learning course, T Visas Part 1. The Practice Advisory provides a more in-depth look into the physical presence requirement and discusses nuances related to departures from the U.S., trafficking abroad, and other complexities.  

Additional Resources

  • USCIS Policy Manual Sections on Physical Presence: Vol. 3, Part B, Ch. 2.C & Ch. 3.C.6;
  • Complete list of CAST’s advisories here;
  • Access to all of CAST’s free e-learning courses and webinars here;
  • Request individual technical assistance by completing the form linked here.


Republication Information

All materials provided by CAST, including advisories and other resources, are protected by copyright and cannot be republished without express permission from CAST. Our materials are made freely accessible thanks to OVC and OVW grants, and we are committed to ensuring they remain accessible to all. We strictly prohibit placing any of our materials behind a paywall. For detailed guidelines on republication, please review our official guidelines.