The United States government has officially published the eligibility criteria for victims of human trafficking and forced labour to apply for a Green Card under the T-1 nonimmigrant status. This development, announced by the US Citizenship and Immigration Services (USCIS), creates a formal pathway to permanent residency for one of the most vulnerable groups in the country's immigration system.
Key Requirements for T-1 Visa Holders
According to USCIS, individuals admitted under T-1 nonimmigrant status—a visa category designed specifically for trafficking survivors—may apply for a Green Card if they meet several strict conditions. Applicants must have been lawfully admitted as a T-1 nonimmigrant and must still hold that status at the time of application. They are also required to have maintained continuous physical presence in the United States for at least three years, or for the full duration of any law enforcement investigation or prosecution related to their trafficking case, whichever is shorter.
Beyond residency, applicants must demonstrate good moral character and show that they complied with any reasonable requests from law enforcement during investigations. However, the criteria include an exception for those who cannot meet this cooperation requirement due to physical or psychological trauma resulting from their trafficking experience. Additionally, applicants must prove that removal from the United States would cause extreme hardship involving unusual and severe harm.
Special Provisions for Minor Victims
The eligibility framework includes specific accommodations for child victims. Individuals who were under 18 years of age at the time they were trafficked are exempt from the law enforcement cooperation standard, acknowledging the particular vulnerability of minors in such situations. This exemption reflects the US government's recognition that young victims may face unique challenges in assisting authorities.
The criteria are designed to align with the broader intent of the T visa programme, which was created to encourage trafficking victims to assist authorities in identifying and prosecuting traffickers, while also offering those individuals a chance to rebuild their lives in the US. A Green Card grants lawful permanent residency, providing greater stability and access to opportunities compared to the temporary protections of T-1 status alone.
Implications for Applicants
For victims of forced labour, this announcement provides a clear roadmap to permanent residency. The three-year continuous presence requirement is a significant hurdle, but the alternative—based on the duration of a law enforcement investigation—offers flexibility. The hardship exception is particularly important, as it acknowledges that many victims suffer severe trauma that may prevent full cooperation with authorities.
USCIS officials emphasised that the agency is committed to ensuring that eligible victims can access this pathway. The publication of these criteria is part of a broader effort to strengthen protections for trafficking survivors under US immigration law.
Next Steps for Green Card Holders
In related news, the US government has also outlined actions that new permanent residents must take after receiving their Green Card. Conditional permanent residents holding a 2-year Green Card face a critical deadline to file a petition to remove conditions before their card expires. Failure to do so can result in loss of permanent resident status.
This latest guidance from USCIS is expected to benefit thousands of trafficking victims who have been living in the US under T-1 status. Immigration advocates have welcomed the clarity, noting that it removes ambiguity and helps applicants prepare their cases effectively.
