Many immigrant workers endure sexual harassment on the job because they are afraid of losing their income or being reported to immigration. What many do not realize is that when sexual abuse or harassment is used to control their work, it may meet the legal definition of labor trafficking. In these cases, survivors may qualify for a T visa for labor trafficking.
A T visa can provide lawful status, protection from deportation, a work permit, and a pathway to a green card. This is a powerful option for undocumented immigrants who are being exploited by their employers.
So how do you know if what you are experiencing is “trafficking” under U.S. immigration law?
What Counts as Labor Trafficking?
To qualify for a T visa, the harm must meet the legal definition of a “severe form of trafficking in persons.” In simple terms, this means:
- You are being forced to work
- Through force, fraud, or coercion
- And you cannot leave the job because of the abuse or threats
Coercion can be emotional, psychological, or economic, not just physical violence.
When Sexual Harassment Crosses the Line
Sexual harassment alone does not automatically qualify. But harassment becomes trafficking when the abuser uses sexual demands to control your labor.
Examples that may qualify:
- A supervisor threatens to call ICE if you refuse his sexual advances.
- Your boss cuts your hours when you say no, and gives you more hours if you comply.
- You are forced to stay in employer-controlled housing to keep your job.
- Your employer withholds your pay and demands sexual favors as a “condition” to work.
- You are told you will be deported if you leave the job or report the behavior.
In each situation, the purpose of the abuse is to force you to keep working and to keep you vulnerable.
Real-World Case Examples
Here are common examples we see in our office:
- Restaurant Worker: A manager threatened to report the worker to immigration unless she allowed him to touch her and stay after hours alone with him.
- Cleaning Crew Member: The supervisor demanded sexual acts in exchange for hours on the schedule and told her immigration would “take her” if she complained.
- Live-In Worker: A worker lived in employer-provided housing. The employer entered her room without permission and said cooperation was required to remain housed and employed.
These are not isolated “misconduct” scenarios; they are forms of labor trafficking.
Assessment Questions During a Consultation
Our attorney uses a trauma-informed screening process to determine whether a worker may qualify for a T visa. We ask questions like:
- Did the employer make threats about immigration?
- Did you fear losing your job or income if you refused sexual contact?
- Did you feel you could not leave the job or move to a different employer?
- Did the employer control your housing, transportation, or wages?
- Are you still in the U.S. today because of what happened to you?
If the answer is yes to several of these questions, you may qualify for a T visa.
Why You Should Understand Eligibility Details
Federal law defines a “severe form of trafficking in persons” to include both sex trafficking and labor trafficking. According to the U.S. Citizenship and Immigration Services (USCIS), labor trafficking occurs when someone obtains a person for labor or services through the use of force, fraud, or coercion for involuntary servitude, peonage, debt bondage, or slavery.
A key requirement is that the victim must be physically present in the U.S. on account of trafficking, and must either assist law enforcement or qualify for an exception if trauma prevents cooperation.
Because sexual harassment in the workplace can evolve into labor trafficking when tied to work control and exploitation, recognizing the signs is essential. Many workers may not identify the pattern of coercion until speaking with legal counsel. As recent policy updates emphasize a victim-centered and trauma-informed approach for T visa adjudications, eligibility may hinge on presenting credible evidence of coercion or control beyond harassment alone.
You Are Not Alone. Help Is Available.
If you or someone you love is being sexually exploited at work, there are legal protections available. You do not need a police report to begin, and everything you share with our office is confidential.
Our team is experienced in fighting for survivors of workplace abuse and labor exploitation. We can help you understand your rights and begin the process of securing protection and a future free from fear.
To speak with an attorney, call or text us today at 630-504-0648. You may also book a consultation with Attorney Farrah.
Location: Batavia, Illinois | Serving clients nationwide
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