TABLE OF CHANGES – INSTRUCTIONS
Form I-914, Application for T Nonimmigrant Status
OMB Number: 1615-0099
07/08/2024
Reason for Revision: T Final Rule Project Phase: 30-Day
Legend for Proposed Text:
Expires 02/28/2026 Edition Date 04/01/2024 |
Current Page Number and Section |
Current Text |
Proposed Text |
Page 1, What Is the Purpose of Form I-914? |
[Page 1]
What Is the Purpose of Form I-914?
You should use Form I-914, Application for T Nonimmigrant Status, to request temporary immigration benefits if you are a victim of a severe form of trafficking in persons.
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[Page 1]
What Is the Purpose of Form I-914?
You should use Form I-914, Application for T Nonimmigrant Status, to request temporary immigration benefits if you are a victim of a severe form of trafficking in persons. For a definition of a victim of a severe form of trafficking in persons, see the Evidence to Establish T Nonimmigrant Status section of these Instructions.
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Pages 1-2, Who May File Form I-914? |
[Page 1]
Who May File Form I-914?
Form I-914 should be filed by you, the victim of a severe form of trafficking in persons. You may file Form I-914, Supplement A, Application for Family Member of T-1 Recipient, with your Form I-914 now or at a later date for your eligible family members.
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C. You have complied with any reasonable request for assistance from a Federal, state, local, or tribal agency that has the authority to detect, investigate or prosecute acts of trafficking or the investigating of a crime where the acts of trafficking are at least one central reason for the commission of that crime, unless:
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(3) An adult or minor child of your derivative (your grandchild, your spouse’s child, your niece or nephew, or your sibling).
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[Page 1]
Who May File Form I-914?
You, the victim of a severe form of trafficking in persons, should file Form I-914. You may file Form I-914, Supplement A, Application for Derivative T Nonimmigrant Status, with your Form I-914 now or at a later date for your eligible family members.
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C. You have complied with any reasonable request for assistance from a Federal, State, Tribal, or local agency that has the authority to detect, investigate or prosecute acts of trafficking or the investigating of a crime where the acts of trafficking are at least one central reason for the commission of that crime, unless:
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(3) An adult or minor child of your derivative (your grandchild, your spouse’s child, your niece or nephew, or your sibling).
NOTE: Although applications for all eligible family members can be filed concurrently, to approve the application for the adult or minor child of a derivative family member, USCIS must have already approved the Form I-914, Supplement A for their parent.
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Pages 2-9, General Instructions |
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General Instructions
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Disability Accommodations/Modifications. To request a disability accommodation/modification, follow the instructions on your appointment notice or at www.uscis.gov/accommodationsinfo.
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How To Complete Form I-914, Form I-914, Supplement A, and Form I-914, Supplement B (optional)
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1. Your Full Legal Name. Provide your legal name, as shown on your birth certificate, passport or other legal document. If you have two last names, include both names and use a hyphen (-) between the names, if appropriate. Type or print your last, first, and middle names in each appropriate field.
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7. Gender or Sex and Marital Status. Select the appropriate box for each.
8. Date of Birth. Provide eight numbers to show your date of birth (example: May 1, 1979, should be written (05/01/1979)
9. Place of Birth. Provide the name of the country where you were born. Include the city or town, state or province, and country.
10. Country of Citizenship or Nationality. Provide the name of the country where you are a citizen. This is not necessarily the country where you were born. If you do not have citizenship in any country, type or print “stateless” and provide an explanation in Part 9. Additional Information.
11. Passport. Give the number of the passport used to enter the United States. Give the location where your passport was issued. Give the date when your passport was issued, even if the passport is currently expired. If the passport you used to enter the United States is not available, include an explanation on Part 9.
12. Last Entry Into the United States. Give the date and place where you last entered the United States, regardless of whether that entry was legal or illegal.
13. Form I-94, Arrival/Departure Record. If U.S. Customs and Border Protection (CBP) or USCIS issued you a Form I-94, Arrival/Departure Record, provide your Form I-94 number and date that your authorized period of stay expires or expired (as shown on your Form I-94). The Form I-94 number also is known as the Departure Number on some versions of Form I-94.
NOTE: If CBP admitted you into the United States at an airport or seaport after April 30, 2013, they may have issued you an electronic Form I-94 instead of a paper Form I-94. You may visit the CBP website at www.cbp.gov/i94 to obtain a paper version of your electronic Form I-94. CBP does not charge a fee for this service. Some travelers may also be able to obtain a replacement Form I-94 from the CBP website for free if they were admitted to the United States at a land border, airport, or seaport after April 30, 2013, with a passport or travel document and received a paper Form I-94 from CBP. If you cannot obtain your Form I-94 from the CBP website, you may obtain it by filing Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Record, with USCIS. We do charge a fee for this service. See the USCIS website at www.uscis.gov/i-102 for more information.
Passport and Travel Document Numbers. If you used a passport or travel document to travel to the United States, enter the passport or travel document information in the appropriate space on the application, even if the passport or travel document is currently expired.
14. Your Current Immigration Status. Provide your current status, regardless of how you entered the United States (visitor, student, entry without inspection, etc.).
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You must answer each question. You must explain relevant information about your claim. Attach documents in support of your claim and the specific facts on which you are relying to support your claim.
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Complete Item Number 11. to indicate whether you are applying for one or more eligible family members at this time. See the section below entitled “Completing Form I-914 Supplement A, Application for a Family Member T-1 Recipient,” for information on completing an application on behalf of your eligible family member.
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Even if you are not applying to bring your family members to the United States, you must provide the requested information about your spouse and children, if any.
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If you used anyone as an interpreter to read the instructions and questions on this application to you in a language in which you are fluent, the interpreter must fill out this section; provide his or her name and daytime telephone number. If applicable, the interpreter should provide the name and address of his or her business or organization (if any), his or her mobile telephone number (if any), and his or her email address (if any). The interpreter must sign and date the application.
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This section must contain the signature of the person who completed your application, if other than you, the applicant. If the same individual acted as your interpreter and your preparer, that person should complete both Part 7. and Part 8. If the person who completed this application is associated with a business or organization, that person should complete the business or organization name and address information. Anyone who helped you complete this application MUST sign and date the application. A stamped or typewritten name in place of a signature is not acceptable. If the person who helped you prepare your application is an attorney or accredited representative, he or she may need to also submit a completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, along with your application.
Completing Form I-914, Supplement A, Application for Family Member of T-1 Recipient
If you are filing for an eligible family member, you must complete Form I-914, Supplement A, Application for Family Member of T-1 Recipient. Form I-914, Supplement A, must be submitted for each family member for whom you are filing.
Form I-914, Supplement A, may be filed concurrently with the principal applicant’s initial Form I-914, while the principal applicant’s Form I-914 is pending, or at any time while the principal is in T nonimmigrant status. However, any Form I-914, Supplement A, submitted subsequently must have the appropriate boxes selected in Part 1., and must be accompanied by a copy of the principal applicant’s Form I-914. Evidence submitted with the original application, however, need not be resubmitted.
This form is divided into Parts 1. - 9. The following information should help you fill out the form.
Part 1. Family Member Relationship to You (the principal)
Select the appropriate box if you are filing for your spouse, child(ren), parent(s), or sibling(s) based on your age. Leave this field blank if you are only applying for your derivative’s adult or minor child (see Part 2.).
Part 2. Family Member Relationship to Your Derivative
Select the box if you are filing for the adult or minor child of your derivative (your grandchild, your spouse’s child, your niece or nephew, or your sibling) who faces a present danger of retaliation as a result of your escape from the severe form of trafficking in persons or your cooperation with law enforcement.
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Please select the appropriate box in either Part 1. or Part 2.
Part 3. General Information About You (the principal)
1. Your Full Legal Name. You should provide your legal name, as shown on your birth certificate, passport or other legal document. If you have two last names, include both and use a hyphen (-) between the names, if appropriate. Type or print your last, first, and middle names in each appropriate field.
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Part 4. Information About Your Family Member (the derivative)
1. Full Legal Name. Provide the name of the family member, as shown on his or her birth certificate or legal change of name document. If the person has two last names, include both and use a hyphen (-) between the names, if appropriate. Type or print the person’s last, first, and middle names in each appropriate field.
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3. U.S. Physical Address or Intended U.S. Physical Address. Give his or her intended physical street address. This must include a street number and name or a rural route number. Do not put a post office box (PO Box) number here.
4. Safe U.S. Mailing Address. If your relative does not feel secure in receiving correspondence regarding this application at his or her home address, you may provide a “safe mailing address” in this space. This address may be a post office box, the address of a friend, your/his or her attorney, a community-based organization, or any other address where he or she can safely and punctually receive mail.
5. Alien Registration Number (A-Number) (if any). Provide your A-Number. We use your A-Number to identify your immigration records. It begins with an “A” and can be found on correspondence you have received from the Department of Homeland Security (DHS) or USCIS. If you do not have an A-Number, type or print “N/A.”
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7. Gender or Sex and Marital Status. Select the appropriate box for each.
8. Date of Birth. Provide eight numbers to show their date of birth (example: May 1, 1979, should be written 05/01/1979).
9. Place of Birth. Provide the name of the country where they were born. Include the city or town, state or province, and country.
10. Country of Citizenship or Nationality. Provide the name of the country where they are a citizen or national. This is not necessarily the country where they were born. If you do not have citizenship in any country, type or print “stateless” and provide an explanation in Part 9. Additional Information.
11. Passport. Give the number of the passport used to enter the United States, if applicable and if known. Give the location where their passport was issued. Give the date when their passport was issued, even if the passport is currently expired. If the passport they used to enter the United States is not available, include an explanation on Part 8.
12. Last Entry Into the United States. If your relative is currently in the United States, give the date and place where they last entered the United States, regardless of whether that entry was legal or illegal.
13. Form I-94, Arrival/Departure Record. If U.S. Customs and Border Protection (CBP) or USCIS issued you a Form I-94, Arrival/Departure Record, provide your Form I-94 number and date that your authorized period of stay expires or expired (as shown on your Form I-94). The Form I-94 number also is known as the Departure Number on some versions of Form I-94.
NOTE: If CBP admitted you into the United States at an airport or seaport after April 30, 2013, they may have issued you an electronic Form I-94 instead of a paper Form I-94. You may visit the CBP website at www.cbp.gov/i94 to obtain a paper version of your electronic Form I-94. CBP does not charge a fee for this service. Some travelers may also be able to obtain a replacement Form I-94 from the CBP website for free if they were admitted to the United States at a land border, airport, or seaport after April 30, 2013, with a passport or travel document and received a paper Form I-94 from CBP. If you cannot obtain your Form I-94 from the CBP website, you may obtain it by filing Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Record, with USCIS. We do charge a fee for this service. See the USCIS website at www.uscis.gov/i-102 for more information.
Passport and Travel Document Numbers. If you used a passport or travel document to travel to the United States, enter the passport or travel document information in the appropriate space on the application, even if the passport or travel document is currently expired.
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14. Current Immigration Status. Provide your relative’s current status, regardless of how you entered the United States (visitor, student, entry without inspection etc.).
15. Previously Traveled to the United States. Give the following information about your family member if they have previously traveled to the United States, if applicable.
16. Family Member’s Prior Marriage(s) Information. If your family member was previously married, list the names of their prior spouse(s), the dates the previous marriage terminated, the location where and how the marriage(s) terminated.
17. U.S. Consulate or Inspection Facility Where You Want Notification Sent. If your family member is outside the United States, indicate the U.S. Consulate or inspection facility you want notified if the Form I-914, Supplement A, is approved.
18. Foreign Address Where You Want Notification Sent. If your family member is outside the United States, indicate the address where you want notification sent if the Form I-914, Supplement A, is approved.
19. Immigration History. Indicate whether your family member has any immigration proceedings history. If your family member has been in immigration proceedings, complete at least one box.
20. Employment Authorization. If the Form I-914, Supplement A, is approved for your family member, they are authorized to work. Select the box to indicate if you are applying for an Employment Authorization Document (EAD) for your family member. If you indicate “Yes,” each family member must file Form I-765 with the appropriate fee or Form I-912, Request For Fee Waiver, when the Form I-914, Supplement A is filed, or at a later time. Do not file Form I-765 for a family member who is living outside of the United States. If your family member is living outside the United States, they are not eligible to receive employment authorization until they are lawfully admitted to the United States.
Part 5. Processing Information
You must answer each question about your family member. If you answer “Yes” to any of the questions, provide an explanation in the space provided in Part 9. Additional Information.
Part 6. Applicant’s Statement, Contact Information, Declaration, Certification, and Signature
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NOTE: If the family member for whom you are filing is in the United States, he or she must sign and date the application. If he or she does not sign or date the application, then Form I-914, Supplement A, will be rejected as incomplete. If the family member for whom you are filing is outside the United States, only you (the principal applicant) are required to sign and date the form.
Part 7. Interpreter’s Contact Information, Certification, and Signature
If you used anyone as an interpreter to read the instructions and questions on this application to you in a language in which you are fluent, the interpreter should provide his or her name and daytime telephone number. If applicable, the interpreter should provide the name and address of his or her business or organization (if any), his or her mobile telephone number (if any), and his or her email address (if any). The interpreter must sign and date the application.
Part 8. Contact Information, Declaration, and Signature of the Person Preparing this Application, if Other Than the Applicant
This section must contain the signature of the person who completed your application, if other than you, the applicant. If the same individual acted as your interpreter and your preparer, that person should complete both Part 7. and Part 8. If the person who completed this application is associated with a business or organization, that person should complete the business or organization name and address information. Anyone who helped you complete this application MUST sign and date the application. A stamped or typewritten name in place of a signature is not acceptable. If the person who helped you prepare your application is an attorney or accredited representative, he or she may be obliged to also submit a completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, along with your application.
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Completing Form I-914, Supplement B, Declaration of Law Enforcement Officer for Victim of Trafficking in Persons
Form I-914, Supplement B, is completed by Federal, state, local, or tribal law enforcement authorities and is then given to you to submit to USCIS.
You are not required to file Form I-914, Supplement B, to prove your claim. However, the endorsement of a Federal, state, local, or tribal law enforcement authority that has the authority to detect, investigate or prosecute acts of trafficking in persons is one form of evidence that you are a victim of a severe form of trafficking in persons and that you have complied with any reasonable request for assistance in the investigation or prosecution. Follow the additional instructions on Form I-914, Supplement B. If you do not provide the Form I-914, Supplement B, you may provide other evidence to show victimization and cooperation with law enforcement or that you qualify for an exception based on age or trauma. See section “Evidence of Cooperation with Reasonable Requests from Law Enforcement” for additional information.
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General Instructions
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NOTE: If applicants represented by an attorney or accredited representative on the Form I-914 want that attorney or representative to also receive communications from USCIS about related filings, such as Forms I-192 or I-765, the additional form numbers must be listed in Part 3. of Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative.
How To Complete I-914, Form I-914, Supplement A, and Form I-914, Supplement B (optional), Form I-765 (optional)
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1. Your Full Legal Name. Provide your legal name, as shown on your birth certificate, passport, or other legal document. If you have two last names, include both names and use a hyphen (-) between the names, if appropriate. Type or print your last, first, and middle names in each appropriate field.
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7. Gender. Indicate how you identify. Based on your selection, a gender of “M” (male), “F” (female), or “X” (another gender identity) will be reflected on your secure documents if your application is approved.
8. Marital Status. Select the appropriate box for your marital status.
9. Date of Birth. Provide eight numbers to show your date of birth (example: May 1, 1979, should be written (05/01/1979)
10. Place of Birth. Provide the name of the country where you were born. Include the city or town, state or province, and country.
11. Country of Citizenship or Nationality. Provide the name of the country where you are a citizen or national. This is not necessarily the country where you were born. If you do not have citizenship in any country, type or print “stateless” and provide an explanation in Part 9. Additional Information.
12. Passport. Give the number of the passport used to enter the United States, if applicable and if known. Give the location where your passport was issued. Give the date when your passport was issued, even if the passport is currently expired. If the passport you used to enter the United States is not available, include an explanation on Part 9.
13. Last Entry Into the United States. Give the date and place where you last entered the United States, regardless of whether that entry was legal or illegal.
14. Form I-94, Arrival/Departure Record. If U.S. Customs and Border Protection (CBP) or USCIS issued you a Form I-94, Arrival/Departure Record, provide your Form I-94 number and date that your authorized period of stay expires or expired (as shown on your Form I-94). The Form I-94 number also is known as the Departure Number on some versions of Form I-94.
NOTE: If CBP admitted you into the United States at an airport or seaport after April 30, 2013, they may have issued you an electronic Form I-94 instead of a paper Form I-94. You may visit the CBP website at www.cbp.gov/i94 to obtain a paper version of your electronic Form I-94. CBP does not charge a fee for this service. Some travelers may also be able to obtain a replacement Form I-94 from the CBP website for free if they were admitted to the United States at a land border, airport, or seaport after April 30, 2013, with a passport or travel document and received a paper Form I-94 from CBP. If you cannot obtain your Form I-94 from the CBP website, you may obtain it by filing Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Record, with USCIS. We do charge a fee for this service. See the USCIS website at www.uscis.gov/i-102 for more information.
Passport and Travel Document Numbers. If you used a passport or travel document to travel to the United States, enter the passport or travel document information in the appropriate space on the application, even if the passport or travel document is currently expired.
15. Your Current Immigration Status. Provide your current status, regardless of how you entered the United States (visitor, student, entry without inspection, etc.).
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You must answer each question. You must explain relevant information about your claim. Attach documents and evidence in support of your claim and the specific facts on which you are relying to support your claim.
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Complete Item Number 11. to indicate whether you are applying for one or more eligible family members at this time. See the section below entitled “Completing Form I-914 Supplement A, Application for Derivative T Nonimmigrant Status,” for information on completing an application on behalf of your eligible family member. …
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Even if you are not applying to bring your family members to the United States, you must provide the requested information about your spouse and children, if any, regardless of age or marital status.
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If you used anyone as an interpreter to read the instructions and questions on this application to you in a language in which you are fluent, the interpreter must fill out this section; provide their name and daytime telephone number. If applicable, the interpreter should provide the name and address of their business or organization (if any), their mobile telephone number (if any), and their email address (if any). The interpreter must sign and date the application.
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This section must contain the signature of the person who completed your application, if other than you, the applicant. If the same individual acted as your interpreter and your preparer, that person should complete both Part 7. and Part 8. If the person who completed this application is associated with a business or organization, that person should complete the business or organization name and address information. Anyone who helped you complete this application MUST sign and date the application. A stamped or typewritten name in place of a signature is not acceptable. If the person who helped you prepare your application is an attorney or accredited representative, they may need to also submit a completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, along with your application.
Completing Form I-914, Supplement A, Application for Derivative T Nonimmigrant Status
If you are filing for an eligible family member, you must complete Form I-914, Supplement A, Application for Derivative T Nonimmigrant Status. You must submit Supplement A for each family member for whom you are filing.
You may file Supplement A, concurrently with your initial Form I-914, while your Form I-914 is pending, or at any time while you hold T-1 nonimmigrant status. However, any Supplement A you submit after your initial Form I-914 must have the appropriate boxes selected in Part 1., and may include proof of your T nonimmigrant status. However, you do not need to resubmit evidence submitted with the original application.
This form is divided into Parts 1. - 8. The following information should help you fill out the form.
Part 1. Family Member For Whom You Are Filing
1. Select the appropriate box if you are filing for your spouse, child(ren), parent(s), or sibling(s) based on your age. Leave this field blank if you are only applying for your derivative’s adult or minor child (see Item 2.)
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2. Select the box if you are filing for the adult or minor child of your derivative (your grandchild, your spouse’s child, your niece or nephew, or your sibling) who faces a present danger of retaliation as a result of your escape from the severe form of trafficking in persons or your cooperation with law enforcement.
NOTE: Although applications for all eligible family members can be filed concurrently, in order to approve the application for the adult or minor child, USCIS must have already approved the Form I-914, Supplement A for their parent.
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Please select the appropriate box in either Item 1. or Item 2.
Part 2. General Information About You (the principal)
1. Your Full Legal Name. You should provide your legal name, as shown on your birth certificate, passport, or other legal document. If you have two last names, include both and use a hyphen (-) between the names, if appropriate. Type or print your last, first, and middle names in each appropriate field.
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Part 3. Information About Your Family Member (the derivative)
1. Full Legal Name. Provide the name of the family member, as shown on their birth certificate, passport, or other legal document. If the person has two last names, include both and use a hyphen (-) between the names, if appropriate. Type or print the person’s last, first, and middle names in each appropriate field.
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3. U.S. Physical Address or Intended U.S. Physical Address. Give their intended physical street address. This must include a street number and name or a rural route number. Do not put a post office box (PO Box) number here.
4. Safe U.S. Mailing Address. If your relative does not feel secure in receiving correspondence regarding this application at their home address, you may provide a “safe mailing address” in this space. This address may be a post office box, the address of a friend, your/their attorney, a community-based organization, or any other address where they can safely and punctually receive mail.
5. Alien Registration Number (A-Number) (if any). Provide your A-Number. We use your A-Number to identify your immigration records. It begins with an “A” and can be found on correspondence you have received from the Department of Homeland Security (DHS) or USCIS. If you do not have an A-Number, type or print “N/A.”
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7. Gender. Indicate how your relative identifies. Based on your selection, a gender of “M” (male), “F” (female), or “X” (another gender identity) will be reflected on their secure documents if their application is approved.
8. Marital Status. Select the appropriate box for their marital status.
9. Date of Birth. Provide eight numbers to show their date of birth (example: May 1, 1979, should be written 05/01/1979).
10. Place of Birth. Provide the name of the country where they were born. Include the city or town, state or province, and country.
11. Country of Citizenship or Nationality. Provide the name of the country where they are a citizen or national. This is not necessarily the country where they were born. If you do not have citizenship in any country, type or print “stateless” and provide an explanation in Part 8. Additional Information.
12. Passport. Give the number of the passport used to enter the United States, if applicable and if known. Give the location where their passport was issued. Give the date when their passport was issued, even if the passport is currently expired. If the passport they used to enter the United States is not available, include an explanation on Part 8.
13. Last Entry Into the United States. If your relative is currently in the United States, give the date and place where they last entered the United States, regardless of whether that entry was legal or illegal.
14. Form I-94, Arrival/Departure Record. If U.S. Customs and Border Protection (CBP) or USCIS issued you a Form I-94, Arrival/Departure Record, provide your Form I-94 number and date that your authorized period of stay expires or expired (as shown on your Form I-94). The Form I-94 number also is known as the Departure Number on some versions of Form I-94.
NOTE: If CBP admitted you into the United States at an airport or seaport after April 30, 2013, they may have issued you an electronic Form I-94 instead of a paper Form I-94. You may visit the CBP website at www.cbp.gov/i94 to obtain a paper version of your electronic Form I-94. CBP does not charge a fee for this service. Some travelers may also be able to obtain a replacement Form I-94 from the CBP website for free if they were admitted to the United States at a land border, airport, or seaport after April 30, 2013, with a passport or travel document and received a paper Form I-94 from CBP. If you cannot obtain your Form I-94 from the CBP website, you may obtain it by filing Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Record, with USCIS. We do charge a fee for this service. See the USCIS website at www.uscis.gov/i-102 for more information.
Passport and Travel Document Numbers. If you used a passport or travel document to travel to the United States, enter the passport or travel document information in the appropriate space on the application, even if the passport or travel document is currently expired.
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15. Current Immigration Status. Provide your relative’s current status, regardless of how you entered the United States (visitor, student, entry without inspection etc.).
16. Previously Traveled to the United States. Give the following information about your family member if they have previously traveled to the United States, if applicable.
17. Family Member’s Prior Marriage(s) Information. If your family member was previously married, list the names of their prior spouse(s), the dates the previous marriage terminated, the location where and how the marriage(s) terminated.
18. U.S. Consulate or Inspection Facility Where You Want Notification Sent. If your family member is outside the United States, indicate the U.S. Consulate or inspection facility you want notified if the Form I-914, Supplement A, is approved.
19. Foreign Address Where You Want Notification Sent. If your family member is outside the United States, indicate the address where you want notification sent if the Form I-914, Supplement A, is approved.
20. Immigration History. Indicate whether your family member has any immigration proceedings history. If your family member has been in immigration proceedings, complete at least one box.
21. Employment Authorization. If the Form I-914, Supplement A, is approved for your family member, they are authorized to work. Select the box to indicate if you are applying for an Employment Authorization Document (EAD) for your family member. If you indicate “Yes,” each family member must file Form I-765 with the appropriate fee or Form I-912, Request For Fee Waiver, when the Form I-914, Supplement A is filed, or at a later time. Do not file Form I-765 for a family member who is living outside of the United States. If your family member is living outside the United States, they are not eligible to receive employment authorization until they are lawfully admitted to the United States.
Part 4. Processing Information
You must answer each question about your family member. If you answer “Yes” to any of the questions, provide an explanation in the space provided in Part 8. Additional Information.
Part 5. Applicant’s Statement, Contact Information, Declaration, Certification, and Signature
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NOTE: If the family member for whom you are filing is in the United States, they must sign and date the application. If they do not sign or date the application, then Form I-914, Supplement A, will be rejected as incomplete. If the family member for whom you are filing is outside the United States, only you (the principal applicant) are required to sign and date the form.
Part 6. Interpreter’s Contact Information, Certification, and Signature
If you used anyone as an interpreter to read the instructions and questions on this application to you in a language in which you are fluent, the interpreter should provide their name and daytime telephone number. If applicable, the interpreter should provide the name and address of their business or organization (if any), their mobile telephone number (if any), and their email address (if any). The interpreter must sign and date the application.
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Part 7. Contact Information, Declaration, and Signature of the Person Preparing this Application, if Other Than the Applicant
This section must contain the signature of the person who completed your application, if other than you, the applicant. If the same individual acted as your interpreter and your preparer, that person should complete both Part 6. and Part 7. If the person who completed this application is associated with a business or organization, that person should complete the business or organization name and address information. Anyone who helped you complete this application MUST sign and date the application. A stamped or typewritten name in place of a signature is not acceptable. If the person who helped you prepare your application is an attorney or accredited representative, they may be obliged to also submit a completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, along with your application.
Completing Form I-914, Supplement B, Declaration for Trafficking Victim
Form I-914, Supplement B, is completed by Federal, State, Tribal, or local law enforcement authorities and is then given to you to submit to USCIS.
You are not required to file Form I-914, Supplement B, to prove your claim. However, the endorsement of a Federal, State, Tribal, or local law enforcement authority that has the authority to detect, investigate or prosecute acts of trafficking in persons is one form of evidence that you are a victim of a severe form of trafficking in persons and that you have complied with any reasonable request for assistance in the investigation or prosecution. Follow the additional instructions on Form I-914, Supplement B. If you do not provide the Form I-914, Supplement B, you must provide other evidence to show victimization and cooperation with law enforcement or that you qualify for an exception based on age or trauma. See section “Evidence of Cooperation with Reasonable Requests from Law Enforcement” for additional information.
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Page 9, Initial Evidence
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Initial Evidence
You must submit:
1. A completed and signed Form I-914;
2. A personal narrative statement;
3. Evidence to establish each eligibility requirement (see next section for details); and
If applying for your family member, you must also submit:
1. A completed and signed Form I-914, Supplement A, for each family member for whom you are applying. You may file Form I-914 Supplement A, at the same time with your initial application or at a later time.
Any Form I-914, Supplement A, submitted subsequent to the principal applicant’s initial filing, however, must be accompanied by:
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A. A new Form I-914, Supplement A, with the appropriate boxes selected in Part 1. and with an original signature in Part 6.; and
B. A copy of the original Form I-914.
2. Evidence to establish eligibility for each family member (see next section for details).
NOTE: Evidence submitted with the original Form I-914 does not need to be resubmitted.
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Initial Evidence
You must submit:
1. A completed and signed Form I-914;
2. A personal narrative statement;
3. Evidence to establish each eligibility requirement (see next section for details); and
If applying for your family member, you must also submit:
1. A completed and signed Form I-914, Supplement A, for each family member for whom you are applying. You may file Form I-914 Supplement A, at the same time with your initial application or at a later time.
Any Form I-914, Supplement A, submitted subsequent to the principal applicant’s initial filing, however, must have the appropriate boxes selected in Part 1. and with an original signature in Part 6. and be accompanied by evidence to establish eligibility for each family member (see next section for details).
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NOTE: Evidence submitted with the original Form I-914 does not need to be resubmitted.
NOTE: At the time of filing, you must submit all evidence and supporting documentation listed in the Initial Evidence section of the instructions. You may file your application with any credible evidence of your eligibility. See 8 CFR 214.204(l).
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Pages 9-10, Evidence to Establish T Nonimmigrant Status
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Evidence to Establish T Nonimmigrant Status
You must file Form I-914 with evidence sufficient to demonstrate that you satisfy each of the eligibility requirements. If you have in your possession, or have access to, a document showing how you entered the United States, you must submit a copy of that document with your application.
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To qualify for T-1 nonimmigrant status, you must demonstrate that you:
1. Are or have been a victim of a severe form of trafficking in persons;
2. Are physically present in the United States, American Samoa, or the Commonwealth of the Northern Mariana Islands, or at a port of entry, as a result of trafficking, including physical presence based on your having been allowed entry into the United States to participate in investigative or judicial processes associated with an act or a perpetrator of trafficking;
3. Have complied with any reasonable request for assistance in a Federal, State, or local law enforcement investigation or prosecution of acts of trafficking in persons, unless you are under 18 years of age, or you are unable to cooperate with a request due to physical or psychological trauma; and
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Evidence to Establish T Nonimmigrant Status
You must file Form I-914 with evidence sufficient to demonstrate that you satisfy each of the eligibility requirements. If you have in your possession, or have access to, a document showing how you entered the United States, you must submit a copy of that document with your application.
Applicants may submit “any credible evidence” to establish eligibility for T nonimmigrant status. See 8 CFR 214.204(l). It is within the sole discretion of USCIS to determine what evidence is credible and to determine what weight to give that evidence.
To qualify for T-1 nonimmigrant status, you must demonstrate that you:
1. Are or have been a victim of a severe form of trafficking in persons;
2. Are physically present in the United States, American Samoa, or the Commonwealth of the Northern Mariana Islands, or at a port of entry, on account of trafficking, including physical presence based on your having been allowed entry into the United States to participate in investigative or judicial processes associated with an act or a perpetrator of trafficking;
3. Have complied with any reasonable request for assistance in a Federal, State, Tribal, or local law enforcement investigation or prosecution of acts of trafficking in persons, unless you are under 18 years of age, or you are unable to cooperate with a request due to physical or psychological trauma; and
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Pages 8-9, Evidence of Cooperation with Reasonable Requests from Law Enforcement |
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Evidence of Cooperation with Reasonable Requests from Law Enforcement
Form I-914, Supplement B, Declaration of Law Enforcement Officer for Victim of Trafficking in Persons (optional)
One type of evidence to support your application is Form I-914, Supplement B. That declaration and instructions are available on the Form I-914 website: https://www.uscis.gov/i-914.
You are not required to file Form I-914, Supplement B, to prove your claim. However, the endorsement of a Federal, state, local, or tribal law enforcement officer on Form I-914, Supplement B, is one type of evidence that you are a victim of a severe form of trafficking in persons and that you have complied with any reasonable request from Federal, state, local, or tribal law enforcement authority for assistance in the investigation or prosecution of the acts of trafficking. USCIS (not the Federal, state, local, or tribal law enforcement authority) will determine whether you meet the eligibility requirements for T nonimmigrant status. Your eligibility for T nonimmigrant status is not dependent upon whether the law enforcement agency pursues an investigation or prosecution.
If you do not provide a completed Form I-914, Supplement B, you must submit credible evidence to establish that you are or have been a victim of a severe form of trafficking in persons and that you complied with any reasonable request for assistance from law enforcement. Such evidence may include, but is not limited to: trial transcripts, court documents, police reports, news articles, copies of reimbursement forms for travel to and from court, affidavits, or any other form of evidence. Even if you do provide Form I-914, Supplement B, you may submit additional evidence.
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Personal Statement
A personal narrative statement is required. Your personal narrative statement should describe, to the best of your recollection, the circumstances of the trafficking you suffered, including:
1. The circumstances of your entry into the United States;
2. How you became involved in the trafficking situation;
3. When these events took place;
4. Who was responsible;
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5. How long the trafficking situation lasted;
6. How and when you escaped, were rescued, or otherwise became separated from the traffickers;
7. How your continued presence in the United States relates to the original trafficking you suffered;
9. Why you were unable to leave the United States after you were separated from the traffickers;
9. What harm or mistreatment you fear if you are removed from the United States; and
10. Why you fear you would be harmed or mistreated.
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Evidence of Cooperation with Reasonable Requests from Law Enforcement
Form I-914, Supplement B, Declaration for Trafficking Victim (optional)
You are not required to file Form I-914, Supplement B, to prove your claim. However, the endorsement of a Federal, State, Tribal, or local law enforcement officer on Form I-914, Supplement B, is one type of evidence that you are a victim of a severe form of trafficking in persons and that you have complied with any reasonable request from a Federal, State, Tribal, or local law enforcement official for assistance in the investigation or prosecution of the acts of trafficking. USCIS (not the Federal, State, Tribal, or local law enforcement authority) will determine whether you meet the eligibility requirements for T nonimmigrant status. Your eligibility for T nonimmigrant status is not dependent upon whether the law enforcement agency pursues an investigation or prosecution.
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If you do not provide a completed Form I-914, Supplement B, you must submit credible evidence to establish that you are or have been a victim of a severe form of trafficking in persons and that you complied with any reasonable request for assistance from law enforcement. Such evidence may include, but is not limited to: trial transcripts, court documents, police reports, news articles, copies of reimbursement forms for travel to and from court, affidavits, a grant of Continued Presence, or any other form of evidence. Even if you do provide Form I-914, Supplement B, you may submit additional evidence.
Although it is not required, you may include information about why you did not provide or attempt to obtain a Supplement B.
If you claim you were unable to cooperate with requests from law enforcement due to physical or psychological trauma, submit evidence of the trauma. This evidence may include:
1. Your personal statement describing the trauma and the surrounding circumstances;
2. A signed statement from a qualified professional such as a medical professional, mental health professional, social worker, or victim advocate attesting to your mental and/or medical condition;
3. Medical or psychological records documenting your trauma or its impact;
4. Witness statements;
5. Photographs;
6. Police reports;
7. Court records and court orders;
8. Disability determinations;
9. Government agency findings; or
10. Any other credible evidence of the trauma.
If you are under 18 years of age, submit evidence of your age. This evidence may include (where available):
1. A copy of your birth certificate or your passport;
2. A certified medical opinion; or
3. Other credible evidence of your age.
Personal Statement
A personal narrative statement is required. Your personal narrative statement should describe, to the best of your recollection, the circumstances of the trafficking you suffered, including:
1. The circumstances surrounding your trafficking including:
2. How your physical presence in the United States relates to your trafficking;
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3. The hardship, including harm or mistreatment, you believe you would experience if you are removed from the United States and why; and
4. Whether you have complied with any reasonable law enforcement request for assistance and whether any criminal, civil or administrative records relating to the acts of trafficking exist, if known, (or if applicable, why the age exemption or trauma exception applies).
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Pages 9-11, Evidence to Establish Derivative T Nonimmigrant Status |
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Evidence to Establish Derivative T Nonimmigrant Status
You, as the principal applicant or as current T-1 nonimmigrant filing for your family members, must file Form I-914, Supplement A, with evidence sufficient to demonstrate that your family members satisfy each of the eligibility requirements.
If you are under 21 years of age, you may file for the following relatives:
1. Spouse;
2. Unmarried child(ren) under 21 years of age;
3. Parent(s); or
4. Unmarried sibling(s) under 18 years of age.
If you are under 21 years of age at the time you file your application, USCIS will continue to consider your parent or unmarried sibling. You may continue to file for your family members even if you turn 21 years of age before your application is adjudicated. Your parent or unmarried sibling will remain eligible for a T visa even if you turn 21 years of age before your application is adjudicated. Similarly, if you have an unmarried sibling, they will remain eligible even if they are over 18 years of age at the time your
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F. Brother or Sister. Submit a copy of your birth certificate and a copy of your brother’s or sister’s birth certificate showing that you have at least one common parent. If you and your brother or sister have a common father but different mothers, submit copies of the marriage certificates of the father to each mother and copies of documents showing that any prior marriages of either your father or mother were legally terminated. If you and your brother or sister are related through adoption or through a stepparent, or if you have a common father and either of you were not legitimated before your 18th birthday, see also G and H.
G. Stepparent/Stepchild. If your application is based on a stepparent-stepchild relationship, you must file your application with a copy of the marriage certificate of the stepparent to the child’s natural parent showing that the marriage occurred before the child’s 18th birthday, and copies of documents showing that any prior marriages were legally terminated.
H. Adoptive parent or adopted child. If you and the person you are filing for are related by adoption, you must submit a copy of the adoption decree(s) showing that the adoption took place before the child reached 16 years of age (unless a sibling exception applies).
If the relationship was created by the adoption of the sibling of a child already adopted, then you must submit a copy of the adoption decree(s) showing that the adoption of the sibling took place before the child reached 18 years of age.
In either case, you also must submit copies of evidence showing that each child was in the legal custody of and jointly resided with the parent(s) who adopted him or her for two years before or after the adoption. Legal custody may only be granted by a court or recognized government entity and is usually granted at the time the adoption is finalized. However, if legal custody is granted by a court or recognized government agency prior to the adoption, that time may count to fulfill the two-year legal custody requirement.
I. Your unmarried sibling under 18 years of age. Submit a certified copy of your birth certificate and a copy of your brother’s or sister’s birth certificate showing that you have at least one common parent.
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C. Any other credible evidence describing the danger of retaliation, including a signed statement from a law enforcement official, trial transcripts, court documents, police reports, news articles, copies of reimbursement forms for travel to and from court, and affidavits from other individuals.
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Unavailable Documents
If a required document is not available, you may give USCIS the following secondary evidence instead:
NOTE: USCIS may require a statement from the appropriate civil authority certifying that the necessary document is unavailable.
1. Church record: A certificate under the seal where the baptism, dedication, or comparable rite occurred within two months after the birth, showing the date and place of the child’s birth, date of the religious ceremony, and the names of the child’s parents.
2. School record: A letter from the authority of the school attended (preferably the first school) showing dates of admission to the school, child’s date and place of birth, and the names and birthplaces of both parents if shown in the school records.
3. Census records: Federal or state census records showing the names place of birth and date of birth or age of the person listed.
4. Affidavits: Written statements sworn to or affirmed by two persons who were living at the time and who have personal knowledge of the event you are trying to prove. (Example: the date and place of birth, marriage, divorce, or death.) The persons making the affidavits need not be citizens of the United States. Each affidavit should contain the following information:
A. The relationship, if any, between you and the affiant;
B. Full information concerning the event; and
C. Complete details concerning how the person acquired knowledge of the event.
NOTE: In a case where you or your relative’s name has changed from what is shown on the supporting document, submit the legal document authorizing such name change. (Example: marriage certificate, adoption decree, court order, etc.)
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Evidence to Establish Derivative T Nonimmigrant Status
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F. Brother or Sister. Submit a copy of your birth certificate and a copy of your brother’s or sister’s birth certificate showing that you have at least one common parent. If you and your brother or sister have a common father but different mothers, submit copies of the marriage certificates of the father to each mother and copies of documents showing that any prior marriages of either your father or mother were legally terminated. If you and your brother or sister are related through adoption or through a stepparent, or if you have a common father and either of you were not legitimated before your 18th birthday, see also Items G. and H. below.
G. Stepparent/Stepchild. If your application is based on a stepparent-stepchild relationship, you must file your application with a copy of the marriage certificate of the stepparent to the child’s natural parent showing that the marriage occurred before the child’s 18th birthday, and copies of documents showing that any prior marriages were legally terminated.
H. Adoptive Parent or Adopted Child. If you and the person you are filing for are related by adoption, you must submit a copy of the adoption decree(s) showing that the adoption took place before the child reached 16 years of age (unless a sibling exception applies).
If the relationship was created by the adoption of the sibling of a child already adopted, then you must submit a copy of the adoption decree(s) showing that the adoption of the sibling took place before the child reached 18 years of age.
In either case, you also must submit copies of evidence showing that each child was in the legal custody of and jointly resided with the parent(s) who adopted them for two years before or after the adoption. Legal custody may only be granted by a court or recognized government entity and is usually granted at the time the adoption is finalized. However, if legal custody is granted by a court or recognized government agency prior to the adoption, that time may count to fulfill the two-year legal custody requirement.
I. Your Unmarried Sibling Under 18 Years of Age. Submit a certified copy of your birth certificate and a copy of your brother’s or sister’s birth certificate showing that you have at least one common parent.
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C. Any other credible evidence describing the danger of retaliation, including a signed statement from a law enforcement official, a personal statement from the principal applicant or derivative family member, trial transcripts, court documents, police reports, news articles, copies of reimbursement forms for travel to and from court, and affidavits from other individuals.
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Pages 12-13, Processing Information
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Initial Processing
Once Form I-914 has been accepted, we will be check it for completeness, including submission of the required initial evidence. If you do not properly complete this form or file it without required initial evidence, you will not establish a basis for your eligibility, and we may deny your Form I-914.
Requests for More Information. USCIS may request that you provide more information or evidence to support your application. We may also request that you provide the originals of any copies you submit. If we request an original document from you, we will return it to you after USCIS determines it is no longer needed.
Requests for Interview. We may request that you appear at a USCIS office for an interview based on your application. During your interview, USCIS may require you to provide your biometrics to verify your identity and/or update background and security checks.
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Employment Authorization
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If your application is approved, you will be authorized to work. If you are the principal applicant, USCIS will send an Employment Authorization Document (EAD) as evidence of your authorization to work if you indicate “Yes” for Form I-914, Item Number 10. in Part 3. As the principal applicant, you do not need to file Form I-765, Application for Employment Authorization Document. Your family members may apply for employment authorization if Form I-914, Supplement A, is approved. If your derivative family member wants to apply for employment authorization, he or she must file Form I-765. Form I-765 can be filed with Form I-914, Supplement A, or at a later time. If your family member is living outside the United States, he or she is not eligible to receive employment authorization until he or she is lawfully admitted to the United States. Do not file Form I-765 for a family member who is living outside of the United States.
Travel While Your Form I-914 Is Pending
Filing of an application for T nonimmigrant status does not grant you permission to travel outside the United States. Departing from the United States while your application is pending could impact your ability to establish eligibility for T nonimmigrant status. Additionally, departing from the United States while your application is pending could impact your ability to return to the United States unless you or your family member have another status which permits travel.
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Initial Processing
Once Form I-914 has been accepted, we will be check it for completeness, including submission of the required initial evidence. If you do not properly complete this form or file it without required initial evidence, you will not establish a basis for your eligibility, and we may reject or deny your Form I-914.
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Bona Fide Determination Process
USCIS may, in its discretion, grant deferred action to and issue a bona fide determination Employment Authorization Document (EAD) to certain applicants for T nonimmigrant status, and qualifying family members, who live in the United States. To receive a bona fide determination EAD, you must file Form I-765, Application for Employment Authorization Document, even if you are a principal applicant.
If you are a principal applicant living in the United States, we will determine your petition is “bona fide” if:
A. Your Form I-914, Application for T Nonimmigrant Status, is complete and properly filed;
B. Your filing includes a signed personal statement describing the victimization; and
C. We have received results from your initial background checks, and they do not present national security concerns.
Once we determine your principal application is bona fide, we will consider relevant discretionary factors in determining whether to grant deferred action and issue a bona fide determination EAD.
The application for your eligible family member living in the United States may only receive a bona fide determination if your principal application has been determined to be bona fide.
We will determine your eligible family member’s application is bona fide if:
A. You, the principal applicant, have properly filed a complete Application for Derivative T Nonimmigrant Status (Form I-914, Supplement A);
B. Your Form I-914, Supplement A includes credible evidence of the qualifying family relationship; and
C. Your eligible family member’s initial background checks are complete and do not present national security concerns.
Once we have determined your eligible family member’s application is bona fide, we will consider relevant discretionary factors when determining whether to grant deferred action and issue a bona fide determination EAD to your eligible family member.
NOTE: USCIS will conduct BFD reviews for those Forms I-914 filed after [INSERT EFFECTIVE DATE OF THE T NONIMMIGRANT FINAL RULE].
Employment Authorization
To receive a bona fide determination EAD, you must file Form I-765, Application for Employment Authorization, under 8 CFR 274a.12(c)(40) even if you are a principal applicant.
If you have previously applied for an EAD under 8 CFR 274a.12(a)(16) or (c)(25) with your Form I-914 or Form I-914 Supplement A, do not file another Form I-765. We will convert your previously filed application to a bona fide determination employment authorization application.
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If we determine your petition is bona fide and a favorable exercise of discretion is warranted, but you have not filed a Form I-765 which can be converted as described above, we will notify you that you may apply for a bona fide determination EAD. You must include the notice when filing your Form I-765.
If your application is approved, you will be authorized to work. If you are the principal applicant, USCIS will send an EAD as evidence of your authorization to work if you indicate “Yes” for Form I-914, Item Number 10. in Part 3. As the principal applicant, you do not need to file Form I-765, to receive an EAD, unless you wish to be considered for a bona fide determination EAD. Your family members may apply for employment authorization if Form I-914, Supplement A, is approved. If your derivative family member wants to apply for employment authorization, they must file Form I-765. Form I-765 can be filed with Form I-914, Supplement A, or at a later time. If your family member is living outside the United States, they are not eligible to receive employment authorization until they are lawfully admitted to the United States. Do not file Form I-765 for a family member who is living outside of the United States.
Travel While Your Form I-914 Is Pending
Filing of an application for T nonimmigrant status does not grant you permission to travel outside the United States. Departing from the United States while your application is pending could impact your ability to establish eligibility for T nonimmigrant status. Additionally, departing from the United States while your application is pending could impact your ability to return to the United States unless you or your family member have another status which permits travel. Even if you, as a T-1 applicant, have another status that permits reentry into the U.S., it may be difficult to establish your physical presence on account of trafficking as required by 8 CFR 214.207 if you depart the U.S. after your trafficking has ended.
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Page 14, DHS Privacy Notice
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DHS Privacy Notice
AUTHORITIES: The information requested on this application, and the associated evidence, is collected under Public Law106-386 sections 107(e) and 1513(c) and 8 USC 1101(a)(15)(T).
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DHS Privacy Notice
AUTHORITIES: The information requested on this application, and the associated evidence, is collected under Public Law106-386 sections 107(e) and 1513(c) and 8 U.S.C. 1101(a)(15)(T).
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Pages 14-15, Checklist
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B. I am physically present in the United States, American Samoa, or the Commonwealth of the Northern Mariana Islands, or at a port of entry, on account of trafficking, or I have been allowed entry into the United States to participate in investigative or judicial processes associated with the an act or perpetrator of trafficking;
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1. I have completed Form I-914, Supplement A for each family member for whom I am now applying and, if he or she is in the United States, each family member has signed that Form I-914, Supplement A.
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B. I am physically present in the United States, American Samoa, or the Commonwealth of the Northern Mariana Islands, or at a port of entry, on account of trafficking, or I have been allowed entry into the United States to participate in investigative or judicial processes associated with an act or a perpetrator of trafficking;
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1. I have completed Form I-914, Supplement A for each family member for whom I am now applying and, if they are in the United States, each family member has signed that Form I-914, Supplement A.
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| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| Author | Carter, Pea Meng |
| File Modified | 0000-00-00 |
| File Created | 2024-09-06 |