If you hold T nonimmigrant status, you can work in the United States under federal rules that protect survivors of severe trafficking. Principal T-1 status counts as work authorized incident to status, and you may show proof of status to a new employer for Form I-9.
Derivative family members such as T-2 or T-3 usually need an Employment Authorization Document for T Visa through Form I-765. A newer path exists for some applicants with a bona fide T case who can qualify for an interim EAD under category C40.
USCIS lists A16 for T-1 status on EADs and C25 for many derivative cards. Fee exemptions now cover survivor cases through adjustment of status, which lowers the cost barrier for work authorization requests.
Let’s walk through how this works.
Eligibility and Conditions
To receive a T-Nonimmigrant Status Work Permit, you must meet strict eligibility criteria. You must prove you suffered a serious form of trafficking, whether in labor or sex exploitation. You also have to confirm you now live in the U.S. because of that exploitative situation. Another essential condition requires cooperation with law enforcement, unless trauma prevents it. Lastly, you must show that forced removal from the U.S. would result in significant harm or severe hardship beyond what most deportees face.
When USCIS approves T-1 status, you automatically receive permission to work. This means you don’t need to wait for a separate permit. Your status itself serves as proof of employment eligibility.
Family members under derivative T status, like T-2 or T-3, must apply separately for their own Employment Authorization Document using Form I-765.
Here’s a statistic you can rely on for context: in fiscal year 2023, USCIS recorded its highest ever number of T visa applications 8,598 submissions. That same year saw a surge in demand for protection under the trafficking rules.
This number shows two things: survivors are coming forward more often, and the system faces growing pressure to process complex cases. Also, among all trafficking victims applying for T status over time, about 74 percent report labor trafficking and roughly 39 percent report sex trafficking.
How to Get the Work Permit
File your T visa petition
Use Form I-914 for the principal victim or I-914A if you apply as a derivative. This establishes your basis for protection and future work rights.
If your petition remains pending, request employment authorization
File Form I-765 under the proper USCIS category. Since 2024, many T visa candidates qualify under category C40. This lets you seek work earlier while your main petition awaits decision.
Wait for USCIS review
USCIS examines your T petition thoroughly. If they determine your case qualifies as bona fide, they may approve your work authorization even before fully granting your T visa.
Receive your Employment Authorization Document (EAD)
Once approved, USCIS mails you the EAD card. Use this with pay stubs or an employer to show your legal right to work.
Adjust status and update work rights
After meeting eligibility criteria, you may apply for lawful permanent residency. Once your status changes, new work authorization follows automatically under that permanent status.
Since fiscal year 2008, USCIS received more than 30,900 T visa applications from principals and their family members, and approved over 20,400.
That shows how many survivors and families have sought these protections over time.
Processing Time & Validity
The wait for a T Visa work permit (EAD) depends heavily on USCIS workload, your case’s complexity, and service center operations. Some straightforward EAD applications may take a few months, while more complex ones stretch longer.
Under the 2024 regulation, new EADs for T visa cases generally issue under category C40. That replaces older categories and standardizes approval pathways for many applicants.
If you hold principal T-1 status and USCIS grants work authorization incident to your visa, you won’t need a separate card. Your status itself offers employment rights for most employers.
When your EAD arrives, check its expiry date. You must renew before that date passes if you plan to continue working without interruption.
Here’s a new stat for this section: in fiscal year 2024, USCIS accepted 15,332 T visa applications the highest yearly total across all years. That volume places extra demand on staff and system capacity.
Work for Derivatives & Special Cases
If you hold a derivative T visa (such as T-2 or T-3), you must file your own request for employment authorization. You won’t receive that right just because the principal holds T status.
If USCIS issues a bona fide determination for the principal petition, both the primary applicant and derivatives may gain work permission early even before full approval.
In certain scenarios, derivative work permits may come under category C25 rather than C40. That becomes relevant when the derivative qualifies under different rules or when USCIS treats them separately from the principal.
Here’s a fresh statistic: in fiscal year 2024, USCIS adjudicated a total of 3,786 principal T-1 applications and 2,392 derivative applications.
After T Approval: Green Card Path & Work
Once USCIS grants you T status, you may later apply for a Green Card (adjust your status) if you meet certain rules. You must maintain T status, show that you were physically present in the U.S. for at least three years or during the investigation or prosecution period, whichever is shorter, prove good moral character, and continue cooperating with law enforcement.
When USCIS approves your adjustment (Form I-485), your work authorization changes you shift from rights under T status to rights under lawful permanent resident rules.
Tips & Important Notes
- Always select the correct eligibility category when completing Form I-765. Choosing the wrong one can delay your Employment Authorization Document (EAD) approval.
- Include a law enforcement declaration (Form I-914, Supplement B) to strengthen your proof of cooperation with authorities.
- The Department of Labor (DOL) can certify certain trafficking-related cases that involve workplace or wage exploitation. This certification adds credibility and helps confirm that the trafficking occurred within an employment setting. (dol.gov
- Under the 2024 USCIS policy update, the agency now accepts “any credible evidence,” giving survivors more flexibility in proving eligibility. (uscis.gov
- Keep careful track of your EAD expiration date to avoid gaps in your right to work. Renew well before your card expires.
- According to the 2025 U.S. Trafficking in Persons Report, 67 percent of identified victims were exploited in labor trafficking cases, while 16 percent were sex-trafficking victims.
Ready to Build a Safer Future With Legal Confidence?
Getting a T Visa work permit is more than a form — it’s a step toward safety, independence, and a stable career. If the paperwork, timelines, or renewal dates feel unclear, you deserve support that understands both your story and the system behind it.
At The Chidolue Law Firm, we focus on empowering survivors. Our team prepares every form accurately, handles USCIS communication, and ensures your Employment Authorization Document or Green Card process moves forward without setbacks. You stay informed while we protect your path.
📞 Call The Chidolue Law Firm today at:
➡ 407-995-6567
➡ 678-325-1037
💬 For WhatsApp inquiries, contact us at:
➡ 404-333-8751
Let’s secure your right to work, rebuild your confidence, and help you move toward lasting stability in the United States.
