Employees who are not citizens of the United States can report violations of their labor rights: find out if you are eligible and how to do so safely

According to a recent announcement from the Department of Homeland Security (DHS), in the United States, non-citizen employees who report being victims or witnesses of labor rights violations will have access to a simplified and expedited process to request deferred action, El reports. New Herald.

The same United States Citizenship and Immigration Services (USCIS) has been pointing out on its website since January 2023 that employees may be afraid to report violations of law by exploitative employers or to cooperate with labor investigations and labor standards for fear of being fired or other immigration-related retaliation as a result. of reporting by an employer who is abusing himself.

Remember that too DHS’s practice of providing discretionary protection Case-by-case treatment of victims who do not have a work permit directly enhances the ability of employment agencies to further investigate violations in the workplace.

Here are the three alternatives to work in the United States without the restrictions imposed by the H-1B visa

What is a deferred action

Deferred action, USCIS points out, is a form of prosecutor discretion to delay removal (deportation) action against a non-citizen for a specified period of time.

Under US law, deferred action is an immigration status that can be granted to undocumented immigrants.

The new herald

although deferred action does not confer legal status, nor does it excuse a past or future period of unlawful presence, a non-citizen who is granted deferred action is deemed to be lawfully present in the United States for certain limited purposes while deferred action is in effect. DHS may, in its sole discretion, cancel a Deferred Action at any time.

Under existing regulations, a non-citizen who is granted deferred action can apply for and obtain a work permit for the period of deferred action by demonstrating “economic need for work”.

Process of deferred action in the United States

Non-citizen employees, the Immigration Department says, who fall within the scope of an employment agency investigation, can submit their requests for deferred action to USCIS through a central intake point specifically established to handle related requests for deferred action. .

From El Nuevo Herald, they point out that “in the case of deferred action requests from non-citizens who are in removal proceedings or have a final deportation order, USCIS, after reviewing the request to verify that it is complete, will forward said requests to the Service of U.S. Immigration and Customs Enforcement (ICE) to make a final decision on a case-by-case basis.”

USCIS “also reviews all related work permit requests, including those related to requests for deferred action determined by ICE.”

DHS will review applications on a case-by-case basis based on an employment agency investigation. It will also review all positive and negative factors when considering whether to allow a deferment of action in its sole discretion.

How to submit a Deferred Action Request

To request deferred action based on the agency’s investigation as part of a centralized intake process, applicants must provide:

Materials will be sent to USCIS Attn: Deferred Action 10 Application Way Montclair, CA 91763-1350.

How fast should I find a job if I have been laid off and I have a work visa in the United States

What is immigration aid and how does it benefit workers in the United States?

On the Contratados blog, they have been celebrating since last January that “migrant workers, regardless of immigration status, who experience abuse or unfair working conditions and speak up can receive temporary immigration protection and permission to work in the United States.”

They explain of the immigration aid that it is a protection “that will empower migrant workers to take action against exploitative and violent employers by providing them with temporary immigration protection and permission to work in the United States.”

Here are the United States work visas you can apply for even if you are in another country and their costs

This process, they specify, “benefits all workers, regardless of immigration status, who suffer or have suffered from violations of their labor rights, such as: non-payment of wages, unsafe working conditions, including the lack of protocols to protect yourself of the spread of an infectious disease, as well as receiving threats when they want to organize and bargain collectively to improve their working conditions.”

To access this benefit, “any migrant worker in the United States, including those with H-2 and TN visas, may apply to the United States Citizenship and Immigration Service (USCIS), through a central entry point.”

Learn how the centralized deferred action process works here

To check with the DHS site, here