T Visa for Labor Trafficking Victims - Rajat Shankar

From Shankar & Associates PC - T Visa for Labor Trafficking Victims explores how survivors of labor trafficking can seek immigration protection under federal immigration law in the United States. In this episode, Nassau County immigration attorney Rajat Shankar explains how the T visa, created under the Victims of Trafficking and Violence Protection Act, allows victims of severe human trafficking to remain in the country, obtain work authorization, and pursue a green card. Listeners will learn how labor trafficking occurs through force, fraud, or coercion and how survivors in New York, Long Island, and across the United States may qualify for this important form of relief.

The discussion breaks down how U.S. Citizenship and Immigration Services (USCIS) evaluates eligibility for T nonimmigrant status, including the requirement that applicants be physically present in the United States because of trafficking and demonstrate extreme hardship if removed. Rajat Shankar outlines when cooperation with law enforcement is required and when exceptions apply, particularly for minors or individuals facing severe trauma. The episode also explains the annual 5,000-visa cap and how applicants may still receive deferred action and employment authorization while waiting for approval.

Listeners will also gain a clear understanding of the T visa application process, including how to file Form I-914, when to submit Form I-914 Supplement B for law enforcement declarations, and how Form I-765 can help applicants obtain an Employment Authorization Document (EAD) while their case is pending. The podcast discusses the types of evidence USCIS considers credible, such as personal statements, police reports, medical records, and documentation from agencies like the New York State Department of Labor. It also highlights how family members may receive protection through Form I-914 Supplement A, even if they are outside the United States.

Finally, the episode explores the long-term pathway from T visa status to lawful permanent residence, including how survivors can apply for a green card after maintaining continuous presence in the United States. Rajat Shankar of Shankar & Associates PC, whose legal journey includes education at Touro College Jacob D. Fuchsberg Law Center and East Stroudsburg University, shares insights into supporting trafficking survivors and navigating complex immigration procedures. Resources such as the National Human Trafficking Hotline, operated by Polaris, and the Homeland Security Investigations Tip Line are also discussed to help victims find support and protection.

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