TL;DR
- The Department of Justice proposed a new rule on June 16, 2026, to standardize how T visa holders request the certification letter needed for early green card eligibility.
- The rule does not change who qualifies for a T visa or a green card. It only changes how you ask the Attorney General to confirm your trafficking case is complete.
- DHS approved more than 9,000 T visas between 2021 and 2025, and the DOJ expects about 2,000 certification letter requests every year once the new system starts.
- Public comments on the proposed rule are open through August 17, 2026.
- If you are inside your three-year T visa wait, now is the time to organize your case records before the certification process changes.
The U.S. Department of Justice published a new proposed rule on June 16, 2026, that creates a standard process for T. visa holders to request the certification letter that can let them apply for a green card before finishing the standard three-year wait. The notice appeared in the Federal Register at 91 FR 36156, filed by the DOJ’s Human Rights and Special Prosecutions Section under OMB Number 1123-1NEW (Federal Register, 2026).
I have represented trafficking survivors from my office in Miami for more than 15 years, and I know how much a single certification letter can change a survivor’s path to permanent safety. Below, I explain what the proposed rule says, whom it affects, and what you should do while the DOJ accepts public comments through August 17, 2026.
What Is the New DOJ Rule for T Visa Certification Letters?
The new DOJ rule would create a formal, government-approved process for T visa holders to request a certification letter confirming that the trafficking investigation or prosecution tied to their case is complete. The proposal comes from the DOJ’s Human Rights and Special Prosecutions Section within the Criminal Division, and it was filed in the Federal Register as a 60-day notice under the Paperwork Reduction Act (Federal Register, 2026).
Right now, this is only a proposal. The DOJ still needs approval from the Office of Management and Budget before the new process takes effect, and the public comment period runs through August 17, 2026. The rule itself does not touch who qualifies for a T visa or a green card. It only changes the paperwork process behind one specific document: the certification letter.
Why a Certification Letter Can Speed Up Your Green Card
A certification letter matters because it can let you skip part of the standard three-year wait that most T visa holders face before applying for a green card. Under federal law, T-1 nonimmigrants generally must keep continuous physical presence in the United States for three years, or until the related investigation or prosecution ends, whichever comes first, before filing Form I-485 to adjust status (8 U.S.C. § 1255(l)).
If you want to apply early, before your three years are up, you must show that the Attorney General has determined the investigation or prosecution is complete, through a signed document from the Attorney General or a designee (8 CFR § 245.23(e)(2)(i)(B)). That signed document is the certification letter this new rule is designed to standardize. If you are getting close to your three-year mark, it helps to walk through the full T visa-to-green card timeline before you decide whether to file early or wait.
What Is a T Visa? A Quick Refresher
A T visa is a temporary immigration status for survivors of a severe form of human trafficking who are willing to assist law enforcement with the investigation or prosecution of that crime (8 U.S.C. § 1101(a)(15)(T)). It covers both sex trafficking and labor trafficking, and it lets eligible survivors and certain family members remain in the United States for up to four years with work authorization.
For the full breakdown of who qualifies, review the complete T visa eligibility guide. Congress capped new T-1 status grants at 5,000 per fiscal year, but USCIS has never reached that cap since the program began (AILA, 2023). Minors and survivors who are too traumatized to assist law enforcement are exempt from the cooperation requirement by law. If your case involves a survivor under 18, see how the rules differ for trafficking survivors under 18 before you assume the standard cooperation rules apply.
Not sure if your case already qualifies for a T visa or for early adjustment of status? A short prequalify meeting with my Client Care Specialist can tell you where you stand for just $5. Check if you qualify here.
How the Certification Letter Process Works Today
Right now, requesting a DOJ certification letter is an informal process, not a standardized filing. Survivors and their attorneys send a request directly to the DOJ unit responsible for trafficking prosecutions, which until November 2025 was the Civil Rights Division’s Human Trafficking Prosecution Unit. That unit has since merged into the Criminal Division’s Human Rights and Special Prosecutions Section (Federal Register, 2026). The DOJ reviews each request case by case, with no published checklist of required documents and no fixed deadline for a response. Survivor advocates have reported average waits of around 180 days for a decision (CAST, 2026). Without a standard process, similar cases can move through DOJ review at very different speeds depending on which office handles the file.
What Would Change Under the Proposed Rule?
Under the proposed rule, the DOJ would replace today’s informal email request with a standardized, OMB-approved collection process for certification letter requests. A former DHS official, Adam Klein, told Newsweek that the DOJ appears to be moving an informal process into a clearer framework with defined procedures and accountability.
He also cautioned that formalizing a process can cut both ways: it can speed up approvals, but it can also add new steps that some applicants may find harder to meet. As Klein put it, there is “a risk that new procedural requirements become additional barriers” (Newsweek, 2026). The table below compares what applicants experience today with what the DOJ has proposed.
| Today’s Process | Proposed Process |
|---|---|
| Email request reviewed case by case | Standardized form under a new OMB-approved collection |
| No published checklist of required documents | DOJ-defined documentation requirements (final list pending) |
| Reported average wait near 180 days | Not yet set; DOJ has asked the public to weigh in on burden and timing |
| Internal DOJ practice, limited transparency | Subject to Paperwork Reduction Act review and a public comment period |
How Many T Visa Holders Could This Rule Affect?
The DOJ estimates that roughly 2,000 people will request a certification letter every year once the new process is in place, with each request taking applicants an average of three hours to assemble (Federal Register, 2026). That estimate sits against a fast-growing pool of T visa holders. DHS approved more than 9,000 T visas between fiscal years 2021 and 2025, and the number of people applying has grown sharply in that time.
| Category | Fiscal Year 2021 | Fiscal Year 2025 |
|---|---|---|
| Principal (T-1) Applications Filed | 1,701 | 34,650 |
| Principal (T-1) Approvals | 828 | 1,398 |
| Principal (T-1) Denials | Not tracked yet | 2,362 |
| Family Member Applications (T-2 to T-6) | 1,077 | 17,447 |
| Family Member Approvals | 617 | 1,547 |
| Family Member Denials | Not tracked yet | 1,138 |
USCIS data show that T-visa approvals rose sharply and reached a recent high in FY 2024 before easing in FY 2025. A USCIS fact sheet covering FY 2008 through FY 2022 found that 6 percent of T nonimmigrants resided in Florida when they applied, placing Florida among the top states nationwide. From my office in Miami, I see that demand directly in the cases that come through my door every month.
Could This Rule Help or Hurt Your Case?
This proposed rule could work in your favor or create new hurdles, and the answer depends on how the DOJ finalizes the requirements. A standardized process tends to make outcomes more predictable, which is generally good news for survivors who currently face a confusing, case-by-case system. At the same time, new paperwork requirements can be harder to satisfy without legal guidance, especially for survivors who do not have detailed records of every law enforcement contact. The table below summarizes both sides.
| Potential Benefit | Potential Risk |
|---|---|
| A written process most applicants can prepare for in advance | New documentation rules could be harder to meet without legal help |
| A standardized format that could speed up review once adopted | A more formal process could create new grounds for delay |
| More consistency across DOJ offices handling requests | The final rule is not published yet, so the real-world impact is still unknown |
What Should T Visa Holders Do Right Now?
The most useful thing you can do right now is get your case file in order before the new certification process takes effect. I recommend five steps:
- Track your continuous physical presence dates starting from the day USCIS approved your T visa.
- Ask your law enforcement contact, victim specialist, or prosecutor for a written status update on whether the investigation or prosecution connected to your case is complete.
- Save every email, letter, and case note that shows you cooperated with reasonable requests for assistance, since that record will matter under any version of the new rule.
- Watch the Federal Register docket for the DOJ’s final rule, expected sometime after the comment period closes on August 17, 2026.
- Talk with an immigration attorney before you submit any early adjustment request, since the rules for evidence and form requirements are about to change.
If you are not sure what counts as reasonable cooperation under federal law, it helps to understand exactly what the law enforcement request for assistance requires before you assume your case qualifies.
Every T visa case moves on its own timeline, and the new certification rule adds one more variable to plan around. In a strategy session with my team, we can map your specific timeline and tell you whether filing early or waiting out the standard three years makes more sense for your case. See your timeline.
How to Submit a Public Comment on the Proposed Rule
You can submit a public comment on this proposed rule any time before August 17, 2026, by writing to the DOJ contact listed in the Federal Register notice or through Regulations.gov (Federal Register, 2026).
The DOJ has specifically asked the public to weigh in on four points: whether the new collection is necessary, whether the agency’s burden estimate of 2,000 applicants at three hours each is accurate, whether the quality and clarity of the information collected could be improved, and how technology could reduce the burden on applicants. Written comments can be sent to Ayn Ducao at the Human Rights and Special Prosecutions Section, Criminal Division, 1301 New York Ave. NW, Suite 1200, Washington, DC 20530 (Federal Register, 2026). Survivors, advocates, and attorneys who want a faster or clearer process should use this window to say so directly.
Why Work With an Immigration Attorney Before You File for Early Adjustment
Working with an immigration attorney matters right now because the certification process is changing while active cases are still moving through the system. I have spent more than 15 years helping trafficking survivors build the kind of evidence record that holds up under DOJ and USCIS review, and that experience matters more, not less, while the rules are in transition.
If you already hold a U visa or are weighing your options, it is worth comparing your options under both U visa and T visa protections before you commit to one filing strategy. And if your three-year mark is approaching, it pays to map out the full cost and timeline of your T-based green card now, before any new documentation rules take effect.
If you are ready to move forward, my team can review your trafficking case, your cooperation record, and your continuous physical presence dates in one strategy session. Start your case today.
Frequently Asked Questions
What is the DOJ’s new T visa certification rule?
It is a proposed rule, published June 16, 2026, that would create a standardized process for T visa holders to request the certification letter needed to apply for a green card before the standard three-year wait ends (Federal Register, 2026). It has not been finalized.
Does this rule change who qualifies for a T visa or a green card?
No. The proposed rule only changes the paperwork process for requesting a certification letter. It does not change the eligibility requirements for a T visa or for adjustment of status under 8 U.S.C. § 1255(l).
How long does it currently take to get a DOJ certification letter?
Under today’s informal process, survivor advocates report average wait times near 180 days (CAST, 2026). The DOJ has not yet announced a target processing time for the new standardized process.
What is the three-year rule for T visa holders applying for a green card?
T-1 nonimmigrants generally must maintain continuous physical presence in the United States for three years before applying for a green card, unless the related investigation or prosecution finishes sooner. A certification letter is the document that proves the investigation or prosecution is complete.
Are minors or trauma survivors required to cooperate with law enforcement to get a T visa?
No. Federal law exempts applicants under 18 and survivors who are too traumatized to assist law enforcement from the cooperation requirement.
How many people receive T visas each year?
USCIS approved more than 9,000 T nonimmigrant applications between FY 2021 and FY 2025, while the statutory annual cap of 5,000 principal T-1 grants per fiscal year has not been reached (Newsweek).
How can I comment on the proposed rule before it becomes final?
You can submit written comments through Regulations.gov or directly to the DOJ contact listed in the Federal Register notice anytime before August 17, 2026.
More Sources
- USCIS Policy Manual. Volume 3, Part B, Chapter 8: Annual Cap and Waiting List.
- CAST (Coalition to Abolish Slavery and Trafficking). T Visa FAQ.
