USCIS Will Offer Protection for Victims of Human Trafficking and Other Violations
March 11, 2011
WASHINGTON— As part of the Department of Homeland Security’s (DHS) Blue Campaign to combat human trafficking, U.S. Citizenship and Immigration Services (USCIS) will permit victims of human trafficking and sexual exploitation and others who have filed civil action against their employer and held A-3 and G-5 visas to remain and work legally in the U.S. while their civil cases are pending.
A-3 and G-5 visa holders are nonimmigrant attendants, servants or personal employees of ambassadors, diplomats, consular officers, foreign government officials or international organization officers. In compliance with the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, USCIS will add this small population to the existing list of groups eligible for deferred action on a case-by-case basis to allow A-3 or G-5 nonimmigrants to resolve pending litigation they have filed regarding a violation of the terms of their employment contract or conditions related to human trafficking and similar violations.
To request deferred action and work authorization, an A-3 or G-5 nonimmigrant must file:
A cover letter requesting deferred action and outlining the violation of the terms of their employment contract or conditions and the ongoing civil action;
Proof of legal entry into the U.S. in A-3 or G-5 nonimmigrant status; and
A copy of the civil complaint filed in court as supporting documentation.
An A-3 or G-5 nonimmigrant may request deferred action from the Vermont Service Center at:
Vermont Service Center
75 Lower Welden St.
St. Albans, VT 05479-0001
If an A-3 or G-5 nonimmigrant is approved for deferred action, USCIS will adjudicate the application for employment authorization and, if approved, issue a one-year employment authorization document. If the individual’s civil action is still pending after a year, he or she may apply for renewal of deferred action. To apply for renewal, individuals must file another Form I-765 with a new cover letter and evidence that the civil case is still pending, such as a recent court docket update. The A-3 or G-5 nonimmigrant may request a fee waiver of the Form I-765. Additional guidance on requesting a fee waiver is available at www.uscis.gov/feewaiver.