3 USCIS-PM B.11
Children under the age of 18 are eligible for certain federal benefits and services as soon as they are identified as possible victims of trafficking.[1] Adults are eligible for these benefits and services upon approval of T nonimmigrant status.[2]
When USCIS receives an application from a principal applicant under the age of 18, USCIS notifies the Department of Health and Human Services (HHS) to facilitate the provision of interim assistance.[3] In the case of adults, USCIS notifies HHS upon approval of an application for T nonimmigrant status.[4]
To ensure efficient processing of deferred action and a Bona Fide Determination Employment Authorization Document (BFD EAD), USCIS strongly encourages all applicants to file their Application for Employment Authorization (Form I-765) at the same time as their Application for T Nonimmigrant Status (Form I-914).
Once the Form I-914 is approved, however, a principal T nonimmigrant is authorized to work incident to status and does not need to file a separate Form I-765. Upon approval of T-1 nonimmigrant status, USCIS issues an EAD, which is valid for the duration of the T-1 nonimmigrant status. If the EAD is lost, stolen, or destroyed, the T-1 nonimmigrant must file an application for a replacement document.[5]
A derivative T nonimmigrant is eligible to receive employment authorization but must apply by filing an application for employment authorization with USCIS in accordance with the form instructions.[6] Derivatives in the United States may file the application concurrently with the Application for Derivative T Nonimmigrant Status (Form I-914, Supplement A) or any time thereafter.
Derivatives outside the United States are not eligible for employment authorization until after lawful admission to the United States in T nonimmigrant status. Therefore, derivative family members who are outside the United States should not file the application for employment authorization until after they are lawfully admitted as a T nonimmigrant. If USCIS approves the application, USCIS grants the derivative employment authorization[7] for the period remaining in derivative T nonimmigrant status.[8]
[^ 1] See 22 U.S.C. 7105(b)(1)(G).
[^ 2] See 22 U.S.C. 7105(b)(1)(E).
[^ 3] See William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, Pub. L. 110-457 (PDF), 122 Stat. 5044, 5077 (December 23, 2008). See 8 CFR 214.204(b)(4).
[^ 4] See 8 CFR 214.204(o).
[^ 5] See 8 CFR 214.204(o)(3). See Application for Employment Authorization (Form I-765).
[^ 6] For information regarding filing fees, see Fee Schedule (Form G-1055).
[^ 7] USCIS grants such authorization under 8 CFR 274a.12(c)(25).
[^ 8] See 8 CFR 214.211(i)(3).