The Biden Administration announced a new policy regarding deferred action for victims of unscrupulous and abusive employers. USCIS announced “that noncitizen workers who are victims of, or witnesses to, the violation of labor rights, can now access a streamlined and expedited deferred action request process.” Deferred Action is the right to remain in the United States without being subject to deportation, and the right to employment authorization. This is NOT a program that leads to permanent residence.
WHAT ARE THE REQUIREMENTS?
Common examples of employees who could be eligible for this relief are those who have not been paid or have suffered through illegal or unhealthy working conditions at the place of employment. If so, this course of action may be available.
The primary requirement is a timely complaint filed with the federal or state department of labor or OSHA for workplace violations. The applicant will need a letter from the agency declaring that you are assisting with an investigation.
According to the Department of Homeland Security’s website, applicants must submit the following documents in order to be considered for this action.
- A written request signed by the noncitizen applicant stating the basis for the deferred action request;
- A letter or statement of interest from a labor or employment agency supporting the request;
- Evidence to establish that the worker falls within the scope identified in the labor or employment agency letter, such as W-2s, pay stubs, time cards, or other documentary evidence to demonstrate that the worker was employed during the period identified in the labor or employment agency statement.
- Evidence of any additional factors supporting a favorable exercise of discretion;
- Proof of the noncitizen-s identity and nationality;
- If applicable, any document used to lawfully enter the United States or other evidence relating to the noncitizen’s immigration history or status;
- Form G-325A, Biographic Information (for Deferred action)
- Form I-765, Application for Employment Authorizztion, with the appropriate fee or request for a fee waiver; and
- Form I-765WS, Worksheet
This filing package must be sent to the following address: USCIS
Attn: Deferred Action 10 Application Way
Montclair, CA 91763-1250
This new program should not be confused with the T Visa. This visa is for those individuals and their family members who have been the victims of a severe form of trafficking for work or sexual reasons into the United States. The United States grants these types of visas for those that are cooperating with an investigation. The T visa, once issued, provides a lawful status, work authorization, and eventually permanent residen\
The U-Visa was created for victims of crimes who have suffered severe mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity.” Like the T visa, the U visa also, ultimately, provides a legal status, work permission, and ultimately permanent residence.
If you have any question about either of these visas, or the legal process for victims of work place abuse, please call the attorneys at Kuck Baxter, Leaders in Immigration.