The U.S. provides specialized visas for individuals who have suffered serious crimes or human trafficking — mainly the T visa and the U visa. Both visas help survivors remain in the country and assist law enforcement, but they have different purposes and requirements. Understanding these differences can help determine which option is appropriate.

A T visa is for victims of severe forms of human trafficking, including labor or sex trafficking. In our firm, we work closely with victims of labor trafficking.  To qualify, the applicant must be in the U.S. due to trafficking, cooperate with law enforcement (unless under 18 or unable due to trauma), and show that removal would cause “extreme hardship.” T visa holders can apply for a green card, usually after three years or once the trafficking investigation is complete. Presence in the U.S. due to trafficking can be proven by use of victims’ services or programs, ongoing therapy as a result of trauma, and more. We help our T-visa clients connect with state and federal programs to receive services. For T visas, a report of trafficking must be made, but a certification from law enforcement officials is not required.

The U visa is available to victims of various qualifying crimes, such as domestic violence, sexual assault, kidnapping, or other violent crimes who have suffered substantial physical or mental harm and are helpful to law enforcement. Applicants must submit a law enforcement certification (Form I-918, Supplement B) confirming their cooperation with law enforcement.

One practical difference is waiting times. The U visa has a 10,000-principal applicant annual cap, often resulting in multi-year backlogs. The T visa is limited to 5,000 principal applicants per year but generally faces less backlog, allowing faster decisions for eligible trafficking survivors.

Both visas offer work authorization, temporary status (up to four years), and a path to permanent residency. Given the complexity and sensitive circumstances, it is strongly recommended to consult an experienced immigration attorney. Agarwal Law Group can guide clients through the process and ensure applications are completed correctly. Our firm is currently offering free case evaluations for victims of crime or victims of trafficking.  Contact us at 703-348-1663 for assistance.

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