ABSTRACT
In order to legally remain in the United States, post trafficking, undocumented foreign nationals who are sex trafficking survivors must apply for certification. Certification allows the survivor to obtain a T visa and to apply for a range of federally funded benefits and services comparable to those awarded to refugees. This visa is also referred to as the T-1 visa. In order to be certified, however, the adult individual must agree to cooperate with the prosecution of the trafficker. This process is discussed in this chapter.
Learning Objectives
By the end of this chapter, the student will be able to:
- Describe the certification process for adult foreign national sex trafficking victims
- Understand the T visa
Key Words: Certification, Foreign National, and T visa/T-1 visa
GLOSSARY
Certification: The process involved to receive and to be ultimately rewarded benefits as a sex trafficked survivor
Foreign National: A non-US citizen
T visa/T-1 visa: A special visa that affords the foreign national the legal right to remain in the United States post-trafficking; derivatives of this visa are also available for the relatives of victims
Certification of (Adult) Foreign Nationals Who Are Sex Trafficking Survivors
According to the Trafficking Victims Protection Act (TVPA) of 2000, sex trafficking involves the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act (CSA). If the person (foreign national or U.S. citizen) is over 18 years of age, the CSA must be induced by coercion, fraud, or force (Public Law 106-386). Sex trafficking is widespread in the United States (Kara, 2009), around the globe (U.S. Customs and Border Protection, 2025), and especially among youth (Middleton et al., 2022). In 2023, the National Human Trafficking hotline received 30,162 signals (calls, messages, etc.) and 9,619 reports of potential human trafficking cases related to 16,999 potential victims (U.S. Department of Transportation, 2025). In 2014, 90% of the 3,598 human trafficking cases reported in one database were composed of females and 13% were foreign nationals (Orme & Ross-Sheriff, 2015). As foreign national sex trafficking victims, many victims arrive to the destination country under false, coercive, or forceful pretenses (Public Law 106-386). According to Orme and Ross-Sheriff (2015), sex trafficking victims include men and boys, too, but the focus of this chapter will be women who are foreign nationals given that an overwhelming number of sex trafficked persons are female identifying (U.S. Customs and Border Protection (2025).
As a primary means to ensure control over sex trafficked women, force oftentimes includes gang rapes, violent beatings, confinement, deprivation of food, kidnappings, and compulsory drug use (Public Law 106-386; SAWA, 2008). These traumatic experiences later often result in the need for health and social services (i.e., medical care, mental healthcare, substance use treatment, etc.) for sex trafficking victims. The current protocol for foreign national adult trafficking victims, once removed from a trafficking situation, is to first certify the survivor for eligibility for a host of federally funded benefits and services comparable to those awarded to refugees after application and approval of continued presence in the United States. As a result, the Health and Human Services Office of Refugee Resettlement (HHSORR) issues a letter to trafficking survivors indicating their eligibility for a range of social service benefits usually afforded to refugees upon certification (HHSORR, 2002). Not all trafficking survivors are eligible for all social services, however. Only those who are assessed and determined to be a genuine victim of severe human trafficking by the Department of Health and Human Services and granted a legal presence in the United States are eligible to be certified (USDHHS, 2012a; U.S. Citizenship and Immigration Services, 2021). In 2023, the U.S. Department of Health and Human Services only issued 584 certification letters to foreign national adults (U.S. Department of State, 2024). The fact that access to social services at the federal level is not an automatic right, but instead is only afforded to foreign national human trafficking victims who meet stringent federal criteria for certification is the authors’ main point of contention in this chapter. As a context, the U.S. government allocated $84.5 million to support human trafficking victim assistance programs in fiscal year 2023 through 81 awards (U.S. Department of State, 2024). These types of allocations allow for wide access to short-and long-term needed programs for trafficked persons. Benefits at this level exceeds those available and offered as pre-certified services that may include food pantries, soup kitchens, day old foods, free clinics, short term emergency shelters, thrift stores, legal aid societies, etc. (USDHHS, 2012b). Local services and benefits afforded to foreign nationals as pre-certified persons have merit and much value. Benefits and services provided by small organizations are not finite nor sufficient as a whole, however. These much needed organizations can only do but so much for for trafficked populations with high-and enduring needs. Therefore, the complexity surrounding the certification process and arguments for open access to benefits and services for foreign national sex trafficked victims at the federal level as a human right are more pressing than ever as will be explicated throughout this chapter. Additionally, strong recommendations for changes in policy related to certification are proposed. See Table 1 for a brief description of how the United Nations Universal Declaration of Human Rights apply in this situation. More human rights Articles apply to sex trafficking victims as discussed earlier in this text, but a few obvious ones are listed here.
Table 1. Select United Nations UDHR Articles UN UDHR Articles |
Sex Trafficking Relevance |
Article 4. No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms. |
This Article explicitly forbids human trafficking (modern day slavery) in any form. |
Article 23. (1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. (2) Everyone, without any discrimination, has the right to equal pay for equal work. (3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection… |
Trafficking strips victims of their dignity and rights related to employment. Traffickers determine type of employment (form of trafficking), payment (if any), and hours of work.
|
Article 25. (1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control… |
Trafficking victims do not enjoy the right to a decent standard of living. They receive the bare minimum (if any) of everything available in the social service arena. This human rights Article speaks to the primary services that should be accessible to all persons including trafficking victims/survivors (foreign national or otherwise) by social workers and other providers. Certification allows for access to these services. |
Certification of Adult Victims (18 years of age or older) of Trafficking | T Nonimmigrant Status
Shandra’s story (as told in Chapter 5) is not unique for foreign national sex trafficking victims. Her perilous state surrounding false employment promises to lure her to the United States, rape upon arrival to the country, forced drug use, and protracted trafficking ordeal epitomizes the importance of these victims receiving social services related to substance use treatment, mental health, and physical health—to start—upon release and encounter with law enforcement, other front line workers and immigration services. In October 2000, Congress created a nonimmigrant status known as the T visa as part of the enactment of the Trafficking Victims Protection Act (that falls under the Victims of Trafficking and Violence Protection Act) (U.S. Citizenship and Immigration Services, 2025) to allow formerly trafficked persons a pathway to legal status in the United States and access to benefits and services at the federal level. See Box A for an explicit statement on the T nonimmigrant process by the U.S. Citizenship and Immigration Services before the certification process is elaborated upon here.
Box A. T Nonimmigrant Status
T nonimmigrant status is a temporary immigration benefit. It enables certain victims of a severe form of trafficking in persons to remain in the United States for an initial period of up to 4 years if they complied with any reasonable request for assistance from law enforcement in the detection, investigation, or prosecution of human trafficking or qualify for an exemption or exception. T nonimmigrant status is also available to certain eligible family members of trafficking victims. T nonimmigrants are eligible for employment authorization and certain federal and state benefits and services. T nonimmigrants who qualify may also be able to adjust their status and become lawful permanent residents (get a Green Card) (U.S. Citizenship and Immigration Services, 2025, para 1).
A trafficked foreign national who is over the age of 18 is eligible to apply to receive a range of benefits and services under federal or state programs as is afforded to refugees (U.S. Citizenship and Immigration Services, 2025). The process involved to receive and to be ultimately rewarded these benefits is called certification. In order to receive certification, foreign national adult victims (18 or older) of sex trafficking must:
- Meet the criteria for a severe human trafficking victim (the legal term for human trafficking per federal U.S. legislation) as defined by the Trafficking Victims Protection Act;
2a. Be willing to assist in every reasonable way in the investigation and prosecution of severe human trafficking cases;
or
2b. if unable to cooperate it must be due to extreme physical or psychological trauma and an exception of this nature will only be accepted on rare instances;
and
3a. Have made a bona fide application for a T-visa that has not been denied;
or
3b. Have received Continued Presence (CP) from the Department of Homeland Security in order to participate in the prosecution of traffickers in persons.
As shown above, criteria 1 and 2a or 2b are required for certification in addition to criteria 3a or 3b. In addition to the previously stated criteria, in order to be eligible for the T visa, the trafficking activities must 1) be in violation of the law(s) of the United States government or 2) have occurred in the United States or one of its territories and possessions. Finally, the victim must also be physically present in the United States due to the trafficking (U.S. Department of State, 2013). As noted here, there are many layers to the certification process.
By no means, however, is the process for certification an easy one. This is due to the lack of knowledge of the process by the victim, language barriers of the victim, and a very strict and conservative stance by law enforcement agencies and the U.S. Custom and Immigration Services related to 1) qualifying an individual as a severe human trafficking victim and 2) meeting eligibility for a T visa or Continued Presence. For instance, Clawson, Small, Go, and Myles (2003) report that foreign national sex trafficking survey respondents indicated the application process for the T visa and its derivatives (T visas for relatives) was complex, rigorous, tedious, and difficult to access. Many did not appear to be very familiar or pleased with the meticulous requirements needed to fill out the government paperwork given their language barriers as foreign national victims (Clawson et al., 2003).
On the rare occasion that a foreign national sex trafficking victim meets all federal criteria for a severe human trafficking victim, the person is then deemed eligible to receive a certification letter from the U.S. Department of Health and Human Services (DHHS) Office of Refugee Resettlement (ORR). This is said to take a few days after DHHS notifies ORR that the person has met eligibility criteria (U.S. Department of Health and Human Services, 2012a). This does not happen often, however. Between 2000 and 2007, only 1,175 persons were determined to be and certified as a severe trafficking victim (Fedina, Trease & Williamson, 2008). As of 2008, less than 2,300 persons applied for a principal T visa (versus a T visa derivative for the relative of the trafficked person). Exactly 1,308 of them were approved between 2000 and 2008 (U.S. Department of Homeland Security, 2009). As shown by these statistics, only a small number of trafficking victims ever enjoy the full benefits and services offered through health and human services agencies despite the fact that the U.S. government allows for 5000 T visas ANNUALLY (U.S. Citizenship and Immigration Services (2021). [See sample certification letter below.]
Sample Certification Letter

Benefits and Services
Eligible services for certified foreign national sex trafficked adults from the U.S. Department of Health and Human Services (2012b) include: Temporary Assistance to Needy Families (TANF); services that fall under the auspice of Medicaid, Health Resource and Services Administration Program; and services that fall under the auspice of Substance Abuse and Mental Health Services Administration Program (SAMHSA) benefits. Services offered by SAMHSA are farmed out to substance use and mental health agencies at the state level. As administrators over these programs, decisions regarding eligibility for services and types of treatment are made by the designated provider and vary by state (U.S. Department of Health and Human Services, 2012b).
In the following table, specifics surrounding types of services and federal providers are illustrated for eligible persons in the U.S. with additional services indicated for those with HHS certification letters. As seen in Table 2, medical, mental health, and substance use services are available. Although some benefits are time limited, certification letters do not expire (U.S. Department of Health and Human Services, 2012b; 2016).
Table 2. Available Social Services
Potential Federal Need-Based Services for Trafficking Survivors and Others |
|
Type of Service | Programs |
Nutrition | Child Nutrition Program; Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) |
Medical Services | Health Resources and Services Administration Programs |
Mental Health | Substance Abuse and Mental Health Services Administration Programs (SAMHSA) |
Monetary Assistance | Victims of Crime Act (VOCA) Victim Compensation |
Employment | Career One-Stop Centers Core Services |
Witness Protection and Services During Investigation | Victims Rights and Services; Emergency Witness Assistance; Witness Security Program |
Other Potential Services | Services for Survivors of Torture |
Additional Services for Trafficked Adults with HHS Certification Letters | |
Type of Service | Administering Units/Programs |
Housing | Public Housing Program; Tenant-Based Vouchers |
Medical Services | Medicaid; Refugee Medical Assistance; Office of Refugee Resettlement (ORR) Medical Screenings |
Monetary Assistance | Temporary Assistance for Needy Families (TANF); refugee cash assistance; Supplemental Security Income (SSI) |
Employment | Job Corps |
Education | Title IV Federal Student Financial Aid |
Multiple Needs Assistance | Public housing program; tenant-based vouchers |
Other Potential Services | Victims of Crime Act (VOCA) services; Office for Victims of Crime (OVC) Human Trafficking Services |
(U.S. Department of Health and Human Services, 2012b; 2016)
Through the Office of Refugee Resettlement, certified adults are eligible for medical screens related to parasites, Hepatitis B, tuberculosis, contagious illnesses, and an array of medical disorders that prevent the individual from being independent and self-sufficient. Through the U.S. Department of Agriculture (USDA), the certified person is eligible for the Supplemental Nutrition Assistance Program (SNAP), which provides for food-related purchases. The U.S. Department of Housing and Urban Development (HUD) offers housing through its programs. The US Department of Justice (USDOJ) offers in certain cases Victim of Crime emergency funds, the witness security program, emergency witness assistance, and victim rights and services (Federal Victim—Witness Coordinators) for those helping in the investigation and prosecution of severe human trafficking cases. The U.S. Department of Labor offers one-stop career centers core services, one stop career center intensive services, and the job corps. The U.S. Social Security Administration provides Supplementary Security Income while the U.S. Department of Education offers Title IV Federal Student Financial Aid (U.S. Department of Health and Human Services, 2012b). Of this vast array of services, housing, mental health and substance use services are a high priority according to foreign national sex trafficking survivors. According to Clawson, Small, Go, and Myles (2003), housing was noted as a need by 98% of respondents in their study with trafficking victims and 95% identifying a need for mental health services. Approximately 52% of these same individuals also indicated a need for substance use treatment.
Recommendations for Changes in Policy
Balch and Geddes (2011) assert that an opportunity to do good to fight human trafficking in the United Kingdom can come out of the crisis of human trafficking in that country. The authors argue the same lesson can be learned by the United States. There is nothing that the United States can do to take away the grave injustice and horrors of human trafficking for a foreign national human trafficking victim in this country, but paving the way for access to a legal status, legitimate employment, and benefits and services for those who are trafficked on this soil is a good first step. In doing so, Shigekane (2007) argues that the U.S. government must adopt a victim-centered approach that entitles trafficking survivors to social services assistance that is not predicated on one’s willingness to assist with prosecution. The United Nations High Commissioner for Human Rights asserts that “Separating protection and support from victim cooperation is a fundamental tenet of the human rights approach to trafficking. The requirement that protection and support should not be made conditional on a trafficked person’s capacity or willingness to cooperate in legal proceedings against their exploiters is echoed throughout the Trafficking Principles and Guidelines” (United Nations, 2010, p. 42). A victim-centered approach in the United States would completely do away with requirements to cooperate with legal proceedings as a contingency for services and benefits, which is the first and primary recommendation in policy change in the United States government. This seems very unlikely, however, given the hard and fast criteria established for certification. If the United States government is unwilling to adopt such a human rights practice at this time, there are other progressive steps that could be taken. They include proactively working to improve the processes related to 1) proper identification of a trafficking victim; 2) mandatory referrals for mental health and substance use treatment upon contact with the trafficking victim; 3) increased support to complete and approval of the T visa; and 4) increased granting of letters of certification to the trafficking victim.
Referrals for Mental Health and Substance Use Treatment
Once identified, service providers must work collectively to provide foreign national trafficking survivors with critical and comprehensive services, especially those related to mental health and substance use. Shigekane (2007) emphasizes the importance of social services being delivered in a way that is culturally sensitive and appropriate and in a linguistically accommodating manner that may include the use of bilingual or bicultural professionals. High level service delivery sponsored the through the federal government can only be accomplished, however, after the victim is first deemed eligible for such services through the U.S. government and law enforcement agencies.
[As a recommended change in policy, the authors strongly recommend that all suspected foreign national sex trafficked persons be referred to compulsory physical exams, mental health evaluations, and substance use screenings upon first point of contact with officials; immediate receipt of their applications for certification; or immediately upon application for a T visa and not months or years afterward.] Delaying these screenings and evaluations puts the trafficking victim at further risk for more harm related to suicide, mental disorders, relapse, exacerbated trauma, or even a desire to return to the trafficker. Rather than assume that these women will be stable until they are legally certified to remain in the U.S. and/or become eligible for a host of benefits and services, the United States should instead seek to assess the woman’s current state of well-being at the first point of contact. The writers argue that a comprehensive system should be put in place that offers a full range of pre-certification services to applicants during the application process or at the point of contact with law enforcement or other frontline workers. This is critical given that the application process can be lengthy due to backlogs (U.S. Department of Homeland Security, 2009).
After such a system is put into place, it is imperative to increase the trafficking victim’s awareness of available services. According to Clawson et al. (2003) who interviewed trafficking survivors and service providers to trafficking survivors, the identified needed services include: housing; medical care; advocacy; legal services; transportation; outreach; food; information & referrals (I&Rs); mental health services; service coordination; employment; protection; education; counseling; crisis intervention; life skills; an interpreter; job training; court orientation; dental services; victim’s compensation; child care services; self-help groups; and drug treatment. U.S. Citizenship and Immigration Services (2021) have found, however, that there are challenges related to providing the extensive services required to help trafficking foreign national victims. Barriers include:
- Fear of retaliation
- Lack of knowledge about available services and the T visa process
- Fear of deportation
- Lack of social support
- Distrust in the system, especially of law enforcement
- Language differences
- Lack of knowledge about victims’ rights
- Feelings of shame
- General fear
- Inability to identify self as a victim
- Held in captivity
- Culturally inappropriate services
- No transportation
Despite these challenges, first responders and other service providers must be proactive in assisting foreign national sex trafficked victims in accessing necessary services. Coordination among domestic violence non-governmental organizations (NGOs), law enforcement agencies, attorneys, social workers, consulates, the media, faith-based organizations, local governments, mental health agencies, and substance use centers, for instance, is imperative (Clawson et al., 2003). All involved parties must make concerted efforts to better identify victims, identify barriers to service delivery, and provide greater access to services. Foreign national sex trafficking victims present a unique set of needs that must be met with the utmost urgency, confidentiality, patience, and competence.
Specific to law enforcement, barriers must be attenuated better by increased and or improved law enforcement officer training at many levels. This group of personnel is particularly critical in the certification process given their integral role in issuing letters of support for the T visa application process. They are a major mediator between the trafficking victim and immigration services. Increased awareness by law enforcement will likely increase understanding of the indicators of trafficking among victims and survivors of human trafficking. The role of law enforcement is so paramount in the certification process, that the U.S. Department of Homeland Security has a resource guide for for law enforcement that can be found here. Moreover, given that multiple organizations are a part of the certification process, it is also important that service providers from multiple disciplines are properly trained so that accurate communications can be offered by interpreters; culturally sensitive practice modalities can be utilized; the certification process can be better explained; and assistance can be provided in completing paperwork.
The T Visa
The rate of T visa approvals must also increase. Being awarded a T visa by the U.S. government provides a legal pathway for persons to become Lawful Permanent Residents (LPRs) or green card holders as persons agreeing to assist in trafficking investigations and prosecutions (U.S. Department of Homeland Security, 2009). The U.S. government can award up to 5,000 T visas a year, but only a small fraction of this amount of trafficking victims have been approved for T visas between 2002 and 2012 according to U.S. Citizenship and Immigration Services (2012). This indicates that potentially hundreds of thousands of women and men who have been trafficked into this country do not have legal pathways for residency or opportunities to legally work in the United States because of their under-documented statuses. This may mean that they do not have access to benefits and services that they need as foreign national sex trafficked victims.
Severe human trafficking victims are eligible for T or T-1 visas while close relatives are eligible for T-2 visas (for spouses of T-1 applicants); T-3 visas (for children of T-1 applicants); and T-4 visas (parents of T-1 applicants when the applicant is a child). T-1 visa applicants must meet one of the following eligibility criteria: 1) the person came to the United States illegally to engage in commercial sex work, involuntary servitude, peonage, debt bondage, or slavery; 2) they participated in commercial sex acts or agreed to come to the United States as a result of force, fraud, or coercion; 3) they would suffer extreme hardship if deported; 4) they have reported their trafficking captivity to federal authorities and is at least 15 years of age; and 5) will help with investigations and prosecutions whenever the risk for re-traumatization is assessed as being low. Last, and very importantly, T-1 visa applicants must include an endorsement from a law enforcement agency with their application in an effort to increase the likelihood of approval of their visa applications by U.S. Citizenship and Immigration Services [USCIS] (U.S. Department of Homeland Security, 2016; USCIS, 2012).
Certification
Being certified allows foreign national trafficking victims to begin the process of healing by giving them access to services that would serve to address mental health and substance use issues. These are the same benefits and services afforded to refugees (U.S. Department of Health and Human Services, 2012a; U.S. Department of Homeland Security, 2009). Logistically, certification requires law enforcement agencies, U.S. Custom and Immigration Services, U.S. Department of Homeland Security, U.S .Department of Health and Human Services, U.S. Department of Justice, the victim, and many others to work together in a coherent, efficient, and trustworthy manner. Given there is oftentimes a seed of doubt and/or sometimes complicity in cases involving sex trafficking among foreign national victims, certifications are few in number. This must change. Certification must be more widespread and in proportion to the estimated number of foreign national trafficked victims in the country. Right now there is gross incongruence between the number of those certified for services as “severe” trafficked persons and the number of persons estimated to have crossed into the country as trafficked persons. For example, it is estimated that approximately 800,000 persons are trafficked across international borders in the world and 14,500 to 17,500 of these persons are trafficked into the United States annually (Fedina, Trease, & Williamson, 2008; Reichert & Sylwestrzak, 2013). Yet, less than 2,000 persons were certified in the first seven years of the Trafficking Victims Protection Act’s existence (Fedina, Trease, & Williamson, 2008). This is problematic. There appears to be a huge gap between estimated victims, rescued/released victims, and certifications.
Recommendations
As shown here, the trafficking of foreign national sex trafficked victims in the United States is a harsh reality —sometimes so horrible that some have a hard time digesting the possibility that it is real and as gruesome as the victim reports. This may explain the rigorous process for certification. Although there is a great appreciation for the U.S. government’s thorough approach to assisting and certifying those who are truly vulnerable and exploited through trafficking activities, it is imperative that the government make the certification application process more victim-centered and person-friendly. The low numbers of applications among the trafficked and subsequent low approval rates of applicants suggest that there may be problems with 1) law enforcement identifying victims of severe human trafficking; 2) victims’ low awareness of their own trafficking statuses (self-identification); 3) barriers in the application process; and/or 4) serious impenetrable gaps in the system given the high estimates of human trafficking victims believed to be in the United States. Moreover, the low numbers may also be attributed to the reality that trafficking survivors know that they must assist in the prosecution of the trafficker, which may be an intimidating, scary, life-threatening (self or family member) and traumatic process to partake in.
Due to the high prevalence of drug use among sex trafficked victims, it is also imperative that attention to the possible presence of substance use disorders be attended to immediately for all sex trafficking victims when they come into contact with first responders as well as when they are at the point of beginning the certification process. Once screened and evaluated for mental health and substance use disorders, victims/survivors who need services should be referred to and immediately linked to agencies that can provide such services.
As previously stated in Chapter 5, Social Determinants of Health asserts that one’s position in society, access to healthcare, education, work, and the immediate environment (home, local community, city, country, etc.) ultimately affects one’s circumstances or outcome in life. As shown in the case of Shandra Woworuntu, who traveled great distances from an impoverished country with limited opportunities in hopes of a better life for herself and her family but only to find herself entrapped in sex trafficking and drug dependent in the United States, illustrates the importance of anti-trafficking legislation that supports the trafficking survivor from a human rights victim-centered perspective. In the case of the United States, the Trafficking Victims Protection Act allows for the certification of victims of trafficking, which then allows them access to social services and the legal grounds to remain in the United States under special circumstances through the T visa. The challenge is access, however. Access in the case of foreign national trafficking victims relate to the 1) proper identification of a trafficking victim; 2) referrals for mental health and substance use treatment upon contact with the trafficking victim; 3) support to complete the T visa; and 4) increased granting of letters of certification to the trafficking victim.
As previously stated, access to social services is a human right as declared by the United Nations Universal Declaration of Human Rights. As espoused by the Office of the United Nations High Commission, access must not be grounded in the requirement to assist in the prosecution of the trafficker. The victim/survivor must be the primary focus of all policies and practices related to human trafficking interventions. The intersection between drug use by sex trafficking victims; the urgent need for social services post-trafficking; and the challenges of becoming certified as a foreign national human trafficking survivor are issues that deserve the U.S. government’s full and immediate attention. Practitioners on the ground must take actionable steps to support and protect the human rights of all people they work with and work for. This includes advocating for foreign nationals needing a range of social services.
Quiz
California
Services provided to trafficking survivors pursuing the T visa vary state by state. This is an example of state benefits that trafficking survivors are eligible for in the State of California.
CALIFORNIA
In California, trafficking survivors who are taking steps to pursue a T visa are eligible for state benefits including eight months of cash assistance, Medi-Cal, and food stamps. Evidence that the survivor is taking steps to obtain a T visa can include a statement by the survivor, an advocate, or a law enforcement official; a receipt or copy of the T visa application; or proof that law enforcement has requested Continued Presence (CP) authorization for the survivor.
Continued Presence allows trafficked persons to work, live, and receive certain benefits and services while the trafficking investigation is ongoing. CP can only be requested by law enforcement on behalf of the survivor.
Kahmi, A., & Prandini, R. (2017, April, p.3). T Visas: What They Are and How They Can Help Your Clients. https://www.ilrc.org/sites/default/files/resources/t_visa_advisory-20170509.pdf
Summary of Key Points
- Undocumented foreign nationals who are sex trafficked survivors must apply for certification in order to remain in the United States.
- In order to be certified as a foreign national sex trafficked survivor, the person must agree to cooperate with the prosecution of her trafficker.
Supplemental Learning Materials
Seltzer, S.B., Kim, S., Egyes, L., Panjwani, A. (2018, March). T Visa Manual: Identification and legal advocacy for trafficking survivors (4th ed.). http://theseltzerfirm.com/wp-content/uploads/2018/03/T-Visa-Manual.pdf
U.S. Department of Homeland Security. ( ). U and T Visa Law Enforcement Resource Guide for Federal, State, Local, Tribal and Territorial Law Enforcement, Prosecutors, Judges, and Other Government Agencies. https://www.dhs.gov/sites/default/files/publications/U-and-T-Visa-Law-Enforcement-Resource%20Guide_1.4.16.pdf
U.S. Immigration and Customs Enforcement. (2010). Continued Presence: Temporary Immigration Status for Victims of Human Trafficking. https://www.ice.gov/doclib/human-trafficking/pdf/continued-presence.pdf
References
Clawson, H.J., Small, K.M., Go, E.S., & Myles, B.W. (2003). Needs assessment for service providers and trafficking victims. Document No: 202469. https://www.ncjrs.gov/pdffiles1/nij/grants/202469.pdf
Fedina, L., Trease, J., & Williamson, C. (2008). Human trafficking in Ohio: A resource guide for social service providers. Toledo, Ohio: Second Chance.
Kara, S. (2009). Sex trafficking: Inside the business of modern slavery. New York: Columbia University Press.
McGaha, J. (2011). An integrated approach to anti-human trafficking task force development in Eastern Europe. National Science Science Journal, 36(2), 87-93.
Middleton, J., Edwards, E., Roe-Sepowitz, D., Inman, E., Frey, L.M. & Gattis, M.N. (2022). Adverse childhood experiences (ACEs) and homelessness: A critical examination of the association between specific ACEs and sex trafficking among homeless youth in Kentuckiana. Journal of Human Trafficking. Online publication.
Orme, J., & Ross-Sheriff, F. (2015). Sex trafficking: Policies, programs and services. Social Work, 60(4), 287-294.
Public Law 106-386. (2000). Trafficking Victims Protection Act of 2000, H. R. 3244, (2000). 106th Cong., 2nd Sess.
SAWA. (2008). Trafficking and prostitution of Palestinian women and girls: Forms of modern day slavery. A Briefing paper. United Nations: UNIFEM.Shigekane, R. (2007). Rehabilitation and community integration of trafficking survivors in the United States. Human Rights Quarterly, 29, 112–136.
U.S. Citizenship and Immigration Services. (2012). Service-wide receipts, approvals, and denials Form I-914 – Application for T Nonimmigrant Status and Form I-918 – Petition for U Nonimmigrant Status Visa: Fiscal Years 2002-2012. http://www.immigration.com/sites/default/files/t_u_visas_stat.pdf
U.S. Citizenship and Immigration Services. (2021). T visa law enforcement resource guide: For federal, state, local, tribal and territorial law enforcement, prosecutors, judges and other governmental agencies. Author.
U.S. Citizenship and Immigration Services. (2025). Victims of human trafficking: T nonimmigrant status. https://www.uscis.gov/humanitarian/victims-of-human-trafficking-t-nonimmigrant-status
U.S. Customs and Border Protection. (2025). Human Trafficking. https://www.cbp.gov/border-security/human-trafficking
U.S. Department of Health and Human Services. (2012a). Fact sheet: Certification for adult victims of trafficking. http://www.acf.hhs.gov/programs/orr/resource/fact-sheet-certification-for-adult-victims-of-trafficking
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