U visas and T visas are important immigration benefits created by Congress in 2000 to protect survivors of serious crimes, including human trafficking. Both provide safety, work authorization, and a path toward permanent residency for immigrant victims. They also strengthen law enforcement by encouraging victims to come forward without fear of deportation.
While the two visas are similar in many ways, there are important differences that can determine which option is best for your situation.
If you’re unsure which type of visa may apply to your case, the best step is to talk with an experienced immigration lawyer. At Pelton + Balducci, we have guided survivors of crime and trafficking for decades. We can review your circumstances, explain your options, and help you pursue the relief that offers the strongest protection for you and your family.
The Similarities Between U and T Visas
Both visas:
- Protect immigrant survivors of crime and encourage cooperation with law enforcement
- Require cooperation with law enforcement in the investigation or prosecution of the crime
- Offer generous inadmissibility waivers for applicants with prior immigration history (such as deportation orders)
- Provide work authorization
- Allow petitions for certain family members (spouses, children, and in some cases parents or siblings of child victims)
- Create a path to lawful permanent resident status (green cards)
Both U and T visas may also apply to human trafficking survivors, and both allow applicants to stay in the U.S. to assist law enforcement.
The U Visa: Broad Protection for Crime Victims
The U visa covers a wide range of crimes beyond trafficking. Survivors must show that they experienced “substantial physical or mental harm” as a result of the crime and that they were helpful to law enforcement.
Covered crimes include, but are not limited to:
- Domestic violence
- Sexual assault, rape, or abusive sexual contact
- Human trafficking or involuntary servitude
- Abduction, kidnapping, hostage-taking
- Blackmail, extortion, or fraud in labor contracting
- Assault, torture, manslaughter, or murder
- Obstruction of justice, perjury, or witness tampering
- Stalking, sexual exploitation, or the slave trade
One of the biggest challenges with U visas is the law enforcement certification requirement. Applicants must submit Form I-918 Supplement B, signed by a law enforcement official, confirming that they were helpful in the investigation or prosecution of the crime. Without this certification, USCIS will not approve the application.
The T Visa: Relief for Trafficking Survivors
The T visa is only available to individuals who are in the U.S. because of a “severe form of trafficking in persons.” This includes both labor and sex trafficking.
For example, a person who was deceived into traveling to the U.S. and then forced into labor or commercial sex after arrival may qualify for a T visa.
While T visa applicants must show that they are helpful to law enforcement, they do not need a signed certification form, the way U visa applicants do.
Wait Times: A Key Difference
Another major difference is processing times:
- U visas: Capped at 10,000 per year. Because demand far exceeds the cap, wait times can stretch beyond five years. USCIS has tried to ease this backlog by granting deferred action and work permits to applicants with pending cases, but the delay still impacts when family members can join and when green card eligibility begins.
- T visas: Capped at 5,000 per year, but far fewer applications are filed. This means there is generally no backlog, and eligible applicants receive a decision much faster.
For this reason, survivors who qualify for both should usually consider the T visa.
Benefits of U and T Visas
Holders of either visa can:
- Remain and work legally in the U.S. for four years
- Apply for permanent residency (green card) after three years, if they continue assisting law enforcement
- Petition for qualifying family members to receive similar benefits
These protections make U and T visas powerful options for immigrant survivors who may not have any other immigration relief available.
Applying for a U or T Visa
Both visas are adjudicated by U.S. Citizenship and Immigration Services (USCIS). Applications are submitted by mail and require detailed evidence, including:
- Immigration forms (Form I-918 for U visas, Form I-914 for T visas)
- Law enforcement certification (U visas only)
- Documentation of harm suffered, such as medical reports, psychological evaluations, or affidavits
Securing the required paperwork, especially the U visa certification form, is often the hardest part of the process. Many law enforcement agencies are still unfamiliar with these programs, even though they have existed for over two decades.
Contact Our Louisiana Immigration Attorneys
Pelton + Balducci has over 50 years of combined experience helping survivors of crime and trafficking secure immigration relief.
If you or a loved one may qualify for a U visa or T visa, we encourage you to reach out. We will review your case, explain your options, and guide you through the process with compassion and care.
Contact us today to schedule a consultation.
FAQs About U and T Visas
- Who qualifies for a U visa?
A U visa is available to immigrants who are victims of certain serious crimes (like domestic violence, sexual assault, or kidnapping), who suffered significant physical or mental harm, and who have been helpful to law enforcement in investigating or prosecuting the crime. - Who qualifies for a T visa?
A T visa is for survivors of human trafficking who are in the United States because of a “severe form of trafficking,” including labor or sex trafficking. Unlike the U visa, a T visa applicant does not need a signed law enforcement certification form. - How long does it take to get a U visa?
Because there is an annual cap of 10,000 U visas, applicants often wait more than five years before receiving a decision. While USCIS may grant deferred action and work authorization while cases are pending, family petitions and green card eligibility are still delayed. - How long does it take to get a T visa?
Although T visas are capped at 5,000 per year, far fewer people apply. This means there is usually no backlog, and applicants typically receive a decision much faster than with a U visa. - Can family members benefit from a U or T visa?
Yes. Both U and T visa holders can petition for certain family members, including spouses and children. In some cases, parents or siblings of child victims may also qualify. Family members who receive derivative visas can also work and eventually apply for permanent residency. - Can U or T visa holders get a green card?
Yes. After three years in U or T visa status, holders may apply for lawful permanent residency (a green card) if they have continued to cooperate with law enforcement and meet other eligibility requirements.
