What is a T bona fide determination?

A bona fide determination (BFD) on an application for T nonimmigrant status allows a trafficking survivor to access benefits and services after being issued a certification letter from HHS. It also protects against deportation by automatically staying the execution of a final order of removal. Finally, it allows access to deferred action and employment authorization if USCIS determines the applicant merits a favorable exercise of discretion.  

The T BFD process applies to applications for T nonimmigrant status filed on or after August 28, 2024. The T BFD process will only apply to T applications pending before that date if an RFE is issued.

For more information on employment authorization based on a T BFD, see CAST’s FAQ.

For more guidance on T BFDs generally, see CAST’s advisory, Overview of the 2024 T Visa Final Rule, CAST notes from USCIS’s August 15, 2024 stakeholder engagement on the T Visa Final Rule, and  USCIS Policy Manual Part B, Vol. 3, Ch. 6.[1] CAST’s quick reference guide with more information on T BFDs and associated benefits is forthcoming.

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Last updated September 16, 2024

[1] The BFD section of the USCIS Policy Manual has not been released as of publication of this FAQ but should be soon.

The Comprehensive Training and Technical Assistance Project by the Coalition to Abolish Slavery and Trafficking is funded under 15POVC-23-GK-00929-HT, awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. Some material was created previously under 2018-VT-BX-K014, awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice and Grant No. 2018-TA-AX-K009 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed in this document are those of the contributors and do not necessarily represent the official position or policies of the U.S. Department of Justice. The material from this website may not be copied or duplicated in whole or part by any means without express prior agreement from CAST, Office for Victims of Crime, or the Office for Violence Against Women.

 

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