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Statement of Need: This rule is necessary to establish how an eligible alien with T nonimmigrant status can adjust his or her status to that of lawful permanent resident. Those with T nonimmigrant status are eligible to be granted lawful permanent residency if they can demonstrate they have complied with any reasonable request for assistance in the investigation or prosecution of acts of trafficking or that they will face extreme hardship involving unusual and severe harm if they were removed from the United States. Those with U nonimmigrant status are eligible to be granted lawful permanent residence if they can demonstrate continued compliance with law enforcement in a criminal investigation or prosecution and continuous presence in the United States.

Summary of the Legal Basis: Public Law 106-386, Victims of Trafficking and Violence Protection Act of 2000.

Alternatives: None.

Anticipated Costs and Benefits: While there is no precise formula for determining anticipated costs, there will be additional costs for adjudicating applications and investigating cases deemed fraudulent. There may be applications that will not be approved for a variety of reasons, including failure to meet basic adjustment of status requirements. All applications will be reviewed and some will require extensive investigation both here and abroad to determine whether the applicant has complied with any reasonable request for assistance in the investigation and prosecution of the acts of trafficking. The anticipated benefits of these expenditures include: Continued assistance to trafficked victims and their families, increased investigation and prosecution of traffickers in persons, and the elimination of abuses caused by trafficking activities. Benefits that may be attributed to the implementation of this rule are expected to be: (1) an increase in the number of cases brought forward for investigation and/or prosecution; (2) heightened awareness of trafficking-in-persons issues by the law enforcement community; and (3) enhanced ability to develop and work cases in trafficking in persons cross-organizationally and multi-jurisdictionally which may begin to influence changes in trafficking patterns.

Risks: Risks associated with the implementation of the congressionally mandated new nonimmigrant classification include: increased workload for adjudicators which may impact overall efficiency and productivity; and increases in fraudulent applications/claims of such victimization in order to obtain lawful permanent residence.