The ‘T’ visa: Relief for workers who are victims of human trafficking

After paying substantial sums of money for the opportunity to work in the United States, hundreds of workers claim to have been victims of human trafficking.

If the immigration status of the worker who claims to be a victim of human trafficking has already expired, is there relief for such a victim? Can the victim still legalize his or her stay?

Kevin was an overseas Filipino worker (OFW) who worked in Qatar as a bartender for a private company. After five years, he went back to his hometown where he was invited by his brother to apply for a job in the US with “ABC Corporation,” a recruitment company. Kevin and his brother were charged P250,000 pesos, a huge amount. They had to mortgage their farm in order to pay the recruiter.

Kevin, together with his brother and the three other Filipinos,  went to the US Embassy and obtained  working visas (H2B). They were made to understand that upon arrival in the States, they would be assigned to work in a hotel in Florida owned by an American company, “US Opportunities.”

They entered the United States in December 2009. Their recruiter said that they would enter through Detroit and  proceed to Maryland for their connecting flight to Florida. Upon their arrival in Detroit, contrary to the representation of their agent, no one met them at the airport. A friend of one of their companions picked them up instead. Kevin tried to call the number of the supposed representative of ABC Corporation in the United States, but he soon realized this was futile. Kevin tried to make the best of a bad situation by taking on odd jobs whenever and wherever he could. He ended up working in Virginia as a handyman for various home projects without proper legal documentation. The hotel job that was promised him did not exist.

Kevin learned that some of those who were recruited filed a case against the US employer, one Michael Lombardi, and that this employer was convicted in 2012 of conspiracy to commit visa fraud.

Human trafficking

Human trafficking is modern-day slavery. It is defined broadly to include not just sexual exploitation but also the recruitment, transportation, harboring or obtaining of a person for labor or services through the use of force, fraud or coercion for purpose of subjection to involuntary servitude, debt bondage or slavery.  When a victim pays a substantial recruitment fee for a job that does not provide the promised pay, or worse, for a job does not exist, a case of human trafficking exists.

The ‘T’ Visa

Thousands of men, women and children are trafficked each year in different countries including the United States. Most of the jobs where trafficking victims get assigned are primarily in agriculture, domestic services, janitorial services, hotel services, construction, health and elder care.  In recent years, even Filipino teachers who enter on professional working visas claim to have been the victims of human trafficking.

When an individual finds himself without the promised job, he will soon fall out of status when the working visa expires. This can be very stressful especially when one is in an unfamiliar environment.  The US Citizenship and Immigration Services may grant the “T” (trafficking) visa or “U” (victim of crime) visa to those who can prove that they were victims of a severe form of trafficking. If granted the T visa, a person will be allowed to stay in the US for three years with work authorization. During this period, the victim must meet certain conditions: he must: (1) maintain continuous physical presence in the US; (2) remain in good moral character; (3) demonstrate that he will suffer extreme hardship involving unusual and severe harm if he is removed; and (4) cooperate with the authorities when his assistance is requested in the prosecution of his oppressors.

Predicament of Kevin

When Kevin realized that he was illegally recruited and that there really was no job for him, he should have availed of the T visa.  According to Kevin, he did not know anyone in the US at that time who could have helped him obtain the T visa. According to Kevin, he was afraid to approach the US Citizenship and Immigration Services because he might be ordered to leave the US.

Even with this US law granting relief to victims of human trafficking, there are still many Filipinos who are in the same position as Kevin. Approaching the legal authorities is always a challenge because of the fear of being deported.

There are several federal agencies, nonprofit organizations and private individuals who assist victims of trafficking. But as it is with most victims, approaching the authorities or organizations who may be willing to help may also be hindered by cultural or language barriers. Those involved in identifying and assisting victims of human trafficking should understand the causes that hinder victims from seeking the help  and help clear these obstacles. Only then can they empower and truly address the plight of the victims of human trafficking.

(Atty. Lourdes Santos Tancinco may be reached at [email protected] or at 7211963 or visit her website at www.tancinco.com)