Chapter 11 - Federal Benefits and Work Authorization
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. Adults are eligible for these benefits and services upon approval of T nonimmigrant status.
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. In the case of adults, USCIS notifies HHS upon approval of an application for T nonimmigrant status.
A principal T nonimmigrant is authorized to work incident to status and does not need to file a separate Application for Employment Authorization (Form I-765). Upon approval of T-1 nonimmigrant status, USCIS issues an Employment Authorization Document (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.
A derivative T nonimmigrant is eligible to receive employment authorization but must apply by filing an application for employment authorization with USCIS with the required fee or a Request for Fee Waiver (Form I-912). Derivatives in the United States may file the application concurrently with the Supplement A, Application for Family Member of T-1 Recipient (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 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 for the period remaining in derivative T nonimmigrant status.