The U.S. Department of Justice (DOJ) has introduced a procedural change aimed at transforming the way survivors of human trafficking apply for green cards. By creating a formal system for requesting certification letters linked to completed criminal investigations, the proposal could significantly impact T-visa holders.

Understanding the Proposal

On Tuesday, the DOJ’s Human Rights and Special Prosecutions Section published this proposal in the Federal Register. It establishes a process for T-visa holders to request official confirmation of completed investigations or prosecutions related to their case. This certification is vital, as it allows eligible T-visa holders to apply for lawful permanent residence before the typical three-year waiting period.

Explaining T-Visas

T-visas permit victims of human trafficking to stay in the U.S. for up to four years. Usually, T-visa holders must wait three years to apply for permanent resident status. A certified investigation or prosecution conclusion can expedite this process.

Eligibility criteria for T nonimmigrant status include:

• Being victims of trafficking involving force, fraud, or coercion
• Presence in the U.S. or a port of entry due to trafficking
• Risk of severe harm if removed from the U.S.
• Compliance with reasonable law enforcement requests in investigations

Notably, minors and certain trauma survivors might be exempt from cooperation requirements under federal law.

Impact on Green Card Applicants

Adam Klein, former Department of Homeland Security official, believes the proposal has dual potential. It could streamline applications but might introduce new barriers due to formalized discretion. Details of implementation will be crucial.

The proposal doesn’t alter eligibility standards; instead, it begins a new information collection process to standardize certification letter requests for early status adjustment.

Affected Population

Approximately 2,000 individuals might submit requests each year, with each taking around three hours to complete. The proposal mostly affects individual T-visa holders from the thousands of trafficking victims who received visas recently. DHS approved over 9,000 T-visas between 2021 and 2025.

For 60 days, public comments are welcomed on this proposed collection, focusing on necessity, improvement, and streamlining. Klein stresses timely administrative processes impact meaningful relief for trafficking survivors. Standardizing certification practices could improve consistency and accountability.

Next Steps

The comment period concludes on August 17. Stakeholders should monitor the level of discretion remaining in the system, who can issue certifications, necessary evidence requirements, and available recourse for denied requests.