T-1 Visa & Status
This visa is for those who have been subject to “severe trafficking”.
This visa has a cap of 5,000 visas per year for persons:
- Who have been subject to “severe trafficking” (the use of force, fraud, or coercion for sex trafficking and/or involuntary servitude, peonage, debt bondage, or slavery)
- Who are physically present in the U.S.
- Who the AG and Sec. of DHS agree have complied with a reasonable request by Federal, State or Local law enforcement authorities to assist in the investigation or prosecution of such trafficking or in the investigation of crimes where acts of trafficking are at least one central reason for the crime
- Who would “suffer extreme hardship involving unusual and severe harm upon removal.”
Employment Authorization and other benefits
A person granted a T-Visa may also obtain employment authorization. The employment authorization is incident to their status.
If accompanying or following to join the principal T-1, a spouse, sibling under 18, parent, or child could obtain a T-2 through T-5 if the principal is under 21.
If the principal is over 21 then s/he can bring her spouse and children only.
No employment in the 1st academic year (i.e., 9 months) except for on-campus work which can begin as soon as the student is admitted in F-1 status.
Students who transfer after being given work authorization need new authorization to work.
After 1st year a student in good standing may obtain employment off campus as determined by the DSO.
Social Security Card
The SSA has established procedures for students to apply for SSN or replacement card. The student must submit evidence of age and identify, the I-20, the current I-94 and evidence of authorization to work and full-time attendance at school, which may include an original letter from the DSO providing that the student is authorized to work on campus and currently enrolled in a full course of study. Id.
The family may follow to join F-1 if the F-1 student is or will be within 30 days enrolled in a full course of study or is engaged in approved practical training. Each family member must be separately issued a SEVIS I-20. The change of address requirement under INA §265 is satisfied by SEVIS notification within 10 days even though the school is not required to update SEVIS data until 21 days after the change. Any student who has gone through special registration and moves, must file a change of address on form AR 11.