DPSS ePolicy

To convert existing policy to new writing style only.

To provide Refugee Employment Program (REP) Provider staff with guidance on appropriate Welfare-to-Work (WtW) activities for ineligible non-citizens who are beneficiaries of Refugee Cash Assistance (RCA) under the Trafficking Crime and Victims Assistance Program (TCVAP).

Senate Bill (SB) 1569 established TCVAP RCA State-only benefits equivalent to the federal RCA Program. TCVAP RCA is for single adults or married couples without children. TCVAP RCA participants who are eligible for REP services may or may not possess a Social Security Number (SSN) or an authorization to work in the United States. REP Provider staff are required to provide appropriate educational or employment-directed training services to all TCVAP RCA participants whether they do or do not possess a SSN/work authorization.

In October 2000, the Federal Trafficking Victims Protection Act created the following two new non-immigrant visas to allow victims to remain in the United States and encourage victims to report crimes to authorities:

• “T” Visa for victims of a severe form of trafficking; and
• “U” Visa for victims of domestic violence and other serious crimes.

When a participant’s application for a “T” Visa has been approved by the United States Citizenship and Immigration Services (USCIS) and/or certified by the Office of Refugee and Resettlement (ORR), the participant is eligible for federal benefits and services to the same extent as refugees. Participants with approved “U” Visa status continue being aided with State-only benefits.

Effective January 1, 2007, SB 1569 was enacted and resulted in the new State-only TCVAP. TCVAP provides benefits and social services, equivalent to those available to refugees, to ineligible non-citizen victims of human trafficking and other serious crimes as they await approval of the “T” or “U” Visa; or in the case of trafficking victims, as they prepare to request/file for a “T” Visa. TCVAP also provides benefits and social services to victims of domestic violence and other serious crimes upon approval of a “U” Visa.

“T” Visa

• An immigration status granted to victims of a severe form of trafficking;
• An eight-month State-only benefits/services program; and
• Upon notification that a TCVAP trafficking recipient has been granted a “T” Visa or ORR certified, State-only benefits will end and federal-funded eligibility period will begin.

"U" Visa

• An immigration status granted to victims of domestic violence and other serious crimes; and
• Individual remains eligible for State-only aid through the maximum eight-month time limit.

 ORR Certification Letter

• ORR certifies that a victim of a severe form of trafficking is willing to assist in every reasonable way with the investigation and prosecution of human traffickers;
• Victim has made a bona fide application for a “T” Visa; and
• Trafficking victims with ORR certification letter are eligible for federal benefits and services to the same extent as refugees.

In addition to meeting all TCVAP RCA eligibility criteria, participants will be eligible for WtW services via REP for up to 60 months from date of application for public social services, upon meeting the following requirements:

Eligibility

Continued need for REP WtW services beyond the eight-month TCVAP RCA time limit.

Requirement

Contingent upon the availability of funds, former REP TCVAP RCA participants may continue to receive REP WtW services provided they meet the following:

• Is not receiving Social Security Supplemental Security Income or State Supplemental Payments;
• Participant is unemployed;
• If employed, income is at or below 200 percent of the federal poverty limit;
• Participant complies with all REP rules and requirements; and
• TCVAP RCA benefits were terminated as a result of the eight-month time limit.

If...
ORR Certification or “T” Visa granted by USCIS
Then...
REP WtW services under State-funds will stop but services may continue under federal-funds based on need.

If...
“U” Visa granted by USCIS
Then...
May continue to receive REP WtW services provided they meet the conditions noted above.
 

Under TCVAP, REP WtW services may be terminated due to the following circumstances:

Trafficking Victim Participant

• Application for a “T” Visa has been administratively denied, including unsuccessful appeal of visa denial;
• Has not applied for a “T” Visa within one year of the date of application for public social services;
• Request on behalf of the participant for continued presence has not been made within one year of date of application for public social services; or
• Has been issued a “T” Visa (this may result in federal eligibility under Refugee Social Services/Targeted Assistance funds).

Domestic Violence and Serious Crimes Victim Participant

• Application for a “U” Visa has been administratively denied.

Required USCIS documentation for determining TCVAP eligibility includes, but is not limited to the following:

Form I-914

• “T” Visa application (derivative application) filed;
• “T” Visa approval notice; and
• Can be used as USCIS confirmation receipt/letter.

Form I-918

• “U” Visa application (derivative application) filed; and
• “U” Visa approval notice.

Form I-766

• Employment Authorization Document for “U” Visa with Category “A19” or “A20”.

Form I-797

• A fee receipt for an employment authorization request based on application for “U” Visa.

Form I-797C

• Notice of Action approving “U” Visa.

USCIS Confirmation receipt/letter

• Verification of filed application for “U” Visa.

ORR Certification Letter

• Eligibility letter declaring individuals as victims of a severe form of trafficking for “T” Visa.

 Additional verification types for preparing to apply for “T” Visa:

• PA 853-5 TCVAP Affidavit;
• Sworn statement from Official assisting with I-914/”T” Visa application;
• Sworn statement and police/government agency or court documents/files;
• Sworn statement and news articles;
• Sworn statement and statement from others familiar with the claim;
• Sworn statement and physical evidence;
• Sworn statement and a copy of completed
  I-914/”T” Visa application; and
• Sworn statement and documented proof of persons who helped to deal with the crime.