PLAINVIEW, NY - Victims of labor trafficking in New York may be eligible for federal immigration relief through the T visa, a form of protection that allows survivors of severe human trafficking to remain in the United States for up to four years, obtain work authorization, and eventually pursue permanent residence. Nassau County immigration attorney Rajat Shankar of Shankar & Associates PC (https://shankarlaw.com/new-york-t-visa-immigration-lawyer/labor-trafficking-victims/) is providing guidance on the eligibility requirements, application process, and long-term benefits available to trafficking survivors under federal law.
The T visa was established under the Trafficking Victims Protection Act of 2000, which defines labor trafficking as the recruitment, harboring, transportation, or obtaining of a person for labor through the use of force, fraud, or coercion. Nassau County immigration attorney Rajat Shankar notes that trafficking can take many forms, including confiscation of identity documents, threats of deportation, physical violence, and debt bondage arrangements in which victims are told they must work to repay obligations that never decrease. "Many trafficking survivors do not initially recognize their situation as trafficking because the control happens gradually," explains Shankar. "Understanding that federal law provides specific protections regardless of immigration status is a critical first step."
Nassau County immigration attorney Rajat Shankar highlights that applicants must generally meet four requirements to qualify for T nonimmigrant status. Individuals must demonstrate that they are or were victims of a severe form of trafficking, that they are physically present in the United States because of the trafficking, that they have complied with reasonable law enforcement requests for assistance in investigating the crime, and that they would suffer extreme hardship involving unusual and severe harm if removed from the country. Minors and individuals unable to cooperate due to physical or psychological trauma may qualify for an exemption from the law enforcement cooperation requirement.
Under New York Penal Law Section 135.35, labor trafficking is classified as a class D felony carrying a maximum sentence of seven years in prison. Attorney Shankar notes that state-level prosecutions can support a federal T visa application, and that labor trafficking in the region has been documented across industries including domestic service, construction, landscaping, and restaurant work on Long Island. "The intersection of state criminal law and federal immigration relief creates important opportunities for survivors," he adds. "A strong application requires understanding both systems."
Building a complete T visa application involves several key components. A detailed personal statement describing the recruitment, conditions, and means of control is one of the most important elements. The United States Citizenship and Immigration Services encourages applicants to submit Form I-914, Supplement B, a declaration from a law enforcement official confirming the applicant's status as a trafficking victim, though this form is recommended rather than required. Supporting documentation such as medical records, police reports, communications with the trafficker, and witness statements can further strengthen the case. USCIS applies a trauma-informed approach when reviewing applications and accepts any credible evidence.
Applications are filed by mail on Form I-914 with the USCIS Vermont Service Center, and there is no filing fee. Shankar advises that applicants should also file Form I-765 for employment authorization concurrently with the T visa application. As of August 2024, USCIS implemented an updated bona fide determination process that may grant deferred action and work authorization while applications are pending. "Filing a thorough, well-documented application from the outset can help reduce delays caused by requests for additional evidence," Shankar observes.
T visa holders receive several important benefits beyond temporary legal status. Principal applicants automatically receive an Employment Authorization Document upon approval, and under 22 U.S.C. Section 7105, trafficking survivors may access federal and state public benefits to the same extent as refugees, including medical assistance, food assistance, and housing support. Qualifying family members, including spouses, children, and in certain circumstances parents and siblings, may also receive derivative T nonimmigrant status even if they are located outside the United States.
One of the most significant aspects of the T visa program is the path to permanent residence. After maintaining T-1 nonimmigrant status and continuous physical presence in the United States for three years, or after the trafficking investigation or prosecution is complete, survivors may apply for a green card by filing Form I-485. After five additional years as a lawful permanent resident, individuals may become eligible for United States citizenship through naturalization.
Individuals who believe they are being subjected to labor trafficking through force, fraud, or coercion can contact the National Human Trafficking Hotline at 1-888-373-7888 for confidential assistance available around the clock in more than 200 languages. For those seeking immigration relief in the New York area, consulting with an experienced immigration attorney can help clarify legal options and strengthen the path toward protection and stability.
About Shankar & Associates PC:
Shankar & Associates PC is a Plainview-based law firm focused on immigration law, including humanitarian protections for trafficking survivors, employment-based immigration, asylum, and deportation defense. Led by attorney Rajat Shankar, the firm provides clients throughout Nassau County, Long Island, and New York with over 45 years of combined immigration law experience. For consultations, call (800) 461-1467.
Email: rajat.shankar@shankarlaw.com
Media Contact
Name
Shankar & Associates PC
Contact name
Rajat Shankar
Contact phone
(800) 461-1467
Contact address
518 Plainview Rd
City
Plainview
State
NY
Zip
11803
Country
United States
Url
https://shankarlaw.com/
