EEOC Procedures: Requests for EEOC Declarations for T Nonimmigrant Classification (T Visa) Petitions in EEOC Cases

These procedures apply to requests for EEOC declarations for T visa petitions pursuant to the Victims of Trafficking and Violence Prevention Act of 2000, 8 U.S.C. § 1101(a)(15)(T) and the Department of Homeland Security, U.S. Citizenship and Immigration Services regulation, 8 C.F.R. § 214.204(e). 

1. Procedures
   1. Requests for declarations will initially be submitted (or referred) to the Regional Attorney (RA). The RA will send a copy of the request to the Office of General Counsel HQs (OGC HQs) designee. The RA[1] will conduct an inquiry to evaluate the request and determine the following: (1) whether the individual has been a victim of “severe form of trafficking in persons” as defined by the statute and (2) whether the individual has complied with any reasonable requests for assistance in the investigation or prosecution of the crime of trafficking.
      1. Definitions:
         1. “Severe form of trafficking in persons” is defined as
            1. “sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age.”  22 U.S.C. § 7102(11); 8 C.F.R. § 214.201;   or
            2. “recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purposes of subjection to involuntary servitude, peonage, debt bondage, or slavery.”
         2. Reasonable request for assistance refers to “a request made by an LEA [law enforcement agency] to a victim to assist in the detection, investigation, or prosecution of the acts of trafficking in persons or the investigation of a crime where acts of trafficking are at least one central reason for the commission of that crime.”  8 C.F.R. § 214.201. Federal LEAs include EEOC. 8 C.F.R. § 214.201.  The ‘reasonableness’ of the LEA’s request for assistance depends on the totality of the circumstances, including general law enforcement and prosecutorial practices, the nature of the victimization, the specific circumstances of the victim (including, inter alia, competency, health, age, trauma suffered, and compliance with previous requests), and other factors enumerated at 8 C.F.R. § 214.208(c)(1)-(15).
   2. The trafficking must be related to the unlawful employment discrimination at issue in EEOC’s investigation or litigation. The factual inquiry shall include an interview of the T visa applicant by an EEOC attorney.  If the requirements for issuing the declaration do not appear to be met, the RA may decline the request after consultation with OGC HQs designee. The RA will notify the requester of the denial.
   3. If the RA determines that both requirements listed in Section I, A and B above are met, the RA will complete Form I-914B.
   4. The RA shall submit the Form I-914B and any attachment to OGC HQs designee. When requests are submitted for more than one individual affected by the same employment practices, the requirements listed in Section I, A above must be met as to each individual, and the RA must submit a separate Form 1-914B for each individual.
   5. The RA has authority to approve and sign Form I-914B after consultation with OGC HQs designee. An attorney designated by the RA to review the request will sign the Form I-914B as the Certifying Official. The RA will sign Form I-914B as the Supervisor of Certifying Official and provide the completed form to the requester, with a copy to OGC HQs designee. 
   6. Requests for a declaration will be processed as soon as possible, but no later than 60 days from the date of receipt, unless exigent circumstances prevent meeting the deadline.
   7. All documents related to a request for a declaration, including the I-914B, shall remain confidential consistent with all applicable federal laws, regulations, and EEOC procedures.

[1] The RA may designate an attorney to review the request, interview the individual seeking Form I-914B, and prepare the form and any attachment according to these procedures.