3 USCIS-PM B.11

A. Federal Benefits 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] B. Employment Authorization 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] Footnotes [^ 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 .204(o) . [^ 5] See .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 .211(i)(3) .