By anchoring human trafficking in a criminal law framework, victims'
ability to receive protection is more or less contingent upon their
cooperation with law enforcement. The funding available to victims is
allocated through the Department of Justice, which "narrowly defines the
type of victim on whom this funding may be used [as] one certified by law
enforcement."7
1 Victims' ability to access services are highly contingent
upon their cooperation with law enforcement, as most non-governmental
organizations rely on federal grants for their funding, and are then left unable to help victims who are not certified.' '7 When victims are eligible to
apply for either a T or U visa, the T visa is preferable because the
individual then qualifies for social benefits.1 '" Both T and U visas grant the
victim work authorization.'"' The visa status under a T or U visa is usually
limited to four years unless the individual has sought to adjust his or her
status to a legal permanent resident and the adjustment is pending.'"
However, even fewer victims receive benefits through the nonimmigrant
visas because the visas are vastly underutilized. The number of visas
available to victims is capped, with 5,000 T visas and 10,000 U visas
available per year. Despite the overwhelming number of victims
trafficked in the United States, in 2009 there were only 222 applicants for
the T visa, and 186 of these were approved. 18 Over the past seven years,
there have not even been 5,000 applicants for the T visa.':' This is thought
partially to be due to the evidentiary burden associated with the T visa; if
victims do not have certification from law enforcement it is much more
difficult for them to acquire documents to prove that they meet the criteria
necessary for eligibility.'16 While law enforcement certification is not
mandatory, it vastly improves the likelihood that a victim will be eligible for
a T visa.'