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DHS/USCIS RIN: 1615-AA59 Publication ID: Spring 2023 
Title: Classification for Victims of Severe Forms of Trafficking in Persons; Eligibility for T Nonimmigrant Status 

DHS is amending its regulations that govern the T nonimmigrant status. On July 16, 2021, DHS reopened the comment period for the interim final rule (IFR) published on December 19, 2016, to provide the public with further opportunity to comment on the interim final rule, and to ensure that we are fully considering all current factors, concerns and input of the parties who may be affected by the final rule. DHS extended the comment period for 30 days on August 13, 2021. T nonimmigrant status (commonly known as the "T visa") was created by the Victims of Trafficking and Violence Protection Act of 2000, Public Law 106-386, for eligible victims of a severe form of trafficking in persons who are physically present in the United States or American Samoa, or at a port of entry on account of trafficking, have complied with any reasonable requests for assistance from law enforcement or qualify for an exception, and can establish that they would suffer extreme hardship involving unusual and severe harm if they were removed from the United States. The IFR clarified the requirements to obtain T nonimmigrant status, and implemented laws that changed the T nonimmigrant status provisions in the Immigration and Nationality Act. The final rule will respond to public comments and clarify the regulations further.

Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 8 CFR 103    8 CFR 212    8 CFR 214    8 CFR 274a    8 CFR 299     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 5 U.S.C. 552 and 552a    8 U.S.C. 1101 to 1104    8 U.S.C. 1182    8 U.S.C. 1184    8 U.S.C. 1187    8 U.S.C. 1201    8 U.S.C. 1224 to 1227    8 U.S.C. 1252 and 1252a    22 U.S.C. 7101 and 7105    Pub. L. 113-4   
Legal Deadline:  None
Action Date FR Cite
Interim Final Rule  01/31/2002  67 FR 4784   
Interim Final Rule Comment Period End  04/01/2002    
Interim Final Rule  12/19/2016  81 FR 92266   
Interim Final Rule Effective  01/18/2017 
Interim Final Rule Comment Period End  02/17/2017 
Interim Final Rule: Reopening of Comment Period  07/13/2021  86 FR 37670   
Interim Final Rule: Extension of Comment Period through 9/14/2021  08/13/2021  86 FR 44593   
Final Action  08/00/2023 
Additional Information: Transferred from RIN 1115-AG19
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL:   Public Comment URL:  
RIN Data Printed in the FR: No 
Agency Contact:
Rena Cutlip-Mason
Chief, Division of Humanitarian Affairs, OP&S
Department of Homeland Security
U.S. Citizenship and Immigration Services
5900 Capital Gateway Drive,
Camp Springs, MD 20746
Phone:240 721-3000