Updated October 20, 2026.
Correction: The earlier claim that the T visa rule removed the extreme-hardship requirement was incorrect and has been withdrawn.
Eligibility and the continuing hardship requirement
The eligibility rule requires a survivor to establish trafficking victimization, qualifying physical presence, compliance with reasonable law-enforcement requests or an applicable exemption or exception, and extreme hardship involving unusual and severe harm upon removal. Each element requires its own review.
The hardship requirement continues
Initial T-1 eligibility still requires extreme hardship involving unusual and severe harm upon removal under 8 CFR 214.202(d). Cooperation exceptions are separate. A survivor should receive an individual review of the facts and evidence rather than rely on a general promise of reduced requirements or faster approval.
Prepare for an individual review
Keep agency notices and relevant records, and discuss safety concerns and trauma with your representative. This correction does not determine that a particular survivor qualifies or does not qualify. No processing-time, automatic-benefit or permanent-residence guarantee is made.
Sources and individual guidance
For advice about your circumstances, contact the firm. This article provides general information and does not determine eligibility or guarantee a result.
