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If you have been a victim of human trafficking, I want to share some encouraging news. While the last year has been difficult, we are seeing positive changes that could help you stay in the United States and get your work permit. Here are six reasons to feel hopeful about your T Visa application right now: 1. More Approvals are Coming In For a while, the government was slowing down cases for small reasons, like how a document was signed. The good news is that I am now receiving more approvals for my clients. When the government looks at the facts of the case, they are still saying "Yes" to victims who qualify. 2. You Might Get a Work Permit Faster In the past, you had to wait for a final decision to get a work permit. Now, some of my clients are getting work permits while their application is still being processed . While this doesn't happen for everyone, it is a huge improvement that can help you support yourself sooner. 3. We Are Overcoming Delays We have learned how to work through the "red tape" and procedural delays that the government has been using. We are successfully moving cases forward even when the system tries to slow them down. 4. Appealing a Denial is Free If the government says "No" to your application, we can fight that decision. Currently, the government does not charge a fee to file an app 5. Staying Out of Immigration Court If you are currently facing deportation (removal proceedings), having a T Visa application pending can help. I have been able to ask the court to administratively close cases. This means many of my clients can avoid going to immigration court entirely while we wait for the T Visa decision. 6. Good Timing for the Future Right now, the government takes about 29 months to make a decision. If we start your case today in April 2026 , your decision will likely come around early 2029 . A new president will take office in January 2029. We are hopeful that the next leader will have even more favorable rules for trafficking victims and will stop the policy of trying to deport people whose applications are denied. Summary: Applying for a T Visa is a long journey, but the doors are opening. By starting now, we protect your future and put you in the best position to benefit from upcoming changes in the law.
For my clients who would like information about what to do if they are stopped by ICE please read the link below: Para mis clientes que desean información sobre qué hacer si ICE los detiene, lea el siguiente enlace:
An H2B Visa allows employers to hire nonagricultural employees on a temporary basis in the U.S. Employers must obtain a prevailing wage to ensure workers are paid fairly based on the occupation in which they will work in a geographic location. If you are or have been an employee on an H2B visa and you believe that you are a victim of human trafficking, our office may be able to help you apply for a T visa. Determining whether an H2B employee is a victim of human trafficking requires complex legal analysis and no one factor is decisive. Below are a few of the scenarios we often see in helping clients who have become victims of labor trafficking as an H2B employee: Debt H2B employees may pay fees to an agency to help them with recruitment, placement, and visa processing. The agency may then direct them to state they did not pay any fees when they attend a visa interview when they in fact did. False promises about housing H2B employees may be promised housing only to discover they need to find their own housing once they arrive at the location of employment. Some H2B employees may be forced to pay more for housing than they were originally promised or than is reasonable for the place where they reside. The rent may come as a deduction from their paychecks. False promises about job H2B employees may be promised a specific position in a specific city and state. However, when they arrive, they may discover the job is not as promised. They may have to travel to another state for work or complete work that was not as promised in the original agreement. False promises about visas Some H2B employees may be promised a visa extension or change of status. They may be told they can apply for and work on a tourist visa. H2B employees may pay fees for the visas, but never receive receipts for their applications. They may be confused as to what their legal status is and never receive a clear answer when asking the agency helping them apply. Harsh working conditions H2B employees may be forced to work long hours or complete more work than is reasonable within their scheduled shift. Employers may yell at them to work fast, threaten them if they do not or treat them poorly. In some cases, the H2B employees may be forced to work while sick and never receive a day off work. Underpaid Wages Some H2B employees may not be paid the prevailing wage, or they may not be paid for all of the hours they worked. They may not be paid time and a half for overtime work they have worked or be paid less than they were promised. If you believe you may have been a victim of human trafficking, please contact us for a consultation .
A T visa gives victims of human trafficking legal status and a work permit for 4 years and after 3 years with a T visa they can apply for lawful permanent residence. The J-1 Program is set up to provide an opportunity for people all around the world to come to the U.S. to work and study, but often J-1 trainees/interns are exploited. If you are or have been a J-1 trainee or intern and you believe that you are a victim of human trafficking, our office may be able to help you apply for a T visa. Determining whether a J-1 intern/trainee is a victim of human trafficking requires complex legal analysis and no one factor is decisive. Below are a few of the scenarios we often see in helping clients who have become victims of labor trafficking as a J-1 trainees/intern: Debt J1 trainees/interns will often pay an agency to help them with recruitment, placement, and visa processing. They charge large fees and may refer J-1 trainees to lending agencies where they can borrow money to pay their fees. Not Rotating to Phases in Training Plan Before coming to the U.S, J-1 trainees are given a training plan with different phases. Each phase details what a J-1 trainee will learn, in what order they will learn and when they will rotate to each phase. After the J-1 trainee arrives in the U.S. their employer doesn’t follow their training plan. Instead, the J-1 trainee works in whatever position the employer places them in often doing low level work rather than receiving the advanced educational training they were promised. Inadequate Living Conditions J-1 trainees/interns are often promised housing. However, upon arrival in the U.S., they may discover they have to live in an unsafe area or in unsanitary conditions. The housing may be crowded with limited beds. Sometimes, the J-1 trainee/intern may have to live in the same building as their employer. Some employers may also tell J-1 trainees/interns that they cannot move and have to live in the housing they provide. Long Work Hours A J-1 trainee/intern may be forced to work more hours than they were promised before coming to train in the U.S. Some J-1 trainees/interns may be forced to work quickly and skip breaks or meals. Underpaid Wages Some J-1 trainees/interns may not be paid for all of the hours they worked. They may not be paid time and a half for overtime work they have worked or be paid less than they were promised before coming to the U.S. Threats Some employers may threaten J-1 workers or mention their status in order to keep them working or under their control. Employers may do this by mentioning a J-1 trainees/interns status or by threatening to fire them if they do not work faster. Sometimes an employer may threaten a J-1 if they complain about their working conditions. If you believe you may have been a victim of human trafficking, please contact us for a consultation https://www.alexmcbeanlaw.com/contact .
This week J-1 Interns filed a lawsuit against the Grand America Hotel and Resort in Salt Lake City, Utah: https://www.ksl.com/article/46581429/lawsuit-claims-grand-america-hotel-exploited-immigrants
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