If your employer cheated you
Protecting workers' rights when working with cash
It is necessary to act without fear.
You can now get a stay of deportation and a work permit for that action!
In October 2021, Secretary Mayorkas issued a Memorandum of Law Enforcement in the Workplace. And in January 2023, the Department of Homeland Security (DHS) announced new measures to protect workers' rights.
DHS explains the need for the innovations:
"Workers are sometimes afraid to report violations of the law by exploitative employers or to cooperate in investigations of labor violations for fear of being fired or subjected to immigration enforcement actions that offending employers may take (e.g., working without authorization and deportation). DHS's practice of providing discretionary protections to victims without work authorization allows agencies to investigate workplace violations in depth and hold abusive employers accountable. This protects all workers in the United States. The changes to the process will make it easier to provide these protections."
What protection does DHS provide?
It is called Deferred Action, which is the ability through administrative means to delay a non-citizen's removal (deportation) decision for a specified period of time. Deferred Action does not confer lawful status or excuse unlawful presence in the United States, but a noncitizen granted Deferred Action has a legitimate reason to remain in the country for certain limited purposes during the period of deferral.
A noncitizen granted deferred action may also apply for and be authorized to work during the period of deferment if he or she demonstrates a need for employment for economic reasons.
What should be done?
First, you should contact the U.S. Equal Employment Opportunity Commission EEOC for assistance. Contact information and addresses of the nearest offices can be found on the website.
You can also call the Department of Labor's referral line at 311.
How do I apply for Deferred Action?
You need to send the application and required documents to USCIS:
Where to send the application?
USCIS
Attn: Deferred Action
10 Application Way.
Montclair, CA 91763-1350
Deferred action may be granted for up to two years with the option to terminate at any time.
A non-citizen worker who is the victim of a crime may be eligible for other forms of immigration relief, including a T or U nonimmigrant visa or parole.
It is also worth remembering that defrauding the court and failing to pay taxes are serious crimes that are punished much more severely than working for cash.
It is necessary to act without fear.
You can now get a stay of deportation and a work permit for that action!
In October 2021, Secretary Mayorkas issued a Memorandum of Law Enforcement in the Workplace. And in January 2023, the Department of Homeland Security (DHS) announced new measures to protect workers' rights.
DHS explains the need for the innovations:
"Workers are sometimes afraid to report violations of the law by exploitative employers or to cooperate in investigations of labor violations for fear of being fired or subjected to immigration enforcement actions that offending employers may take (e.g., working without authorization and deportation). DHS's practice of providing discretionary protections to victims without work authorization allows agencies to investigate workplace violations in depth and hold abusive employers accountable. This protects all workers in the United States. The changes to the process will make it easier to provide these protections."
What protection does DHS provide?
It is called Deferred Action, which is the ability through administrative means to delay a non-citizen's removal (deportation) decision for a specified period of time. Deferred Action does not confer lawful status or excuse unlawful presence in the United States, but a noncitizen granted Deferred Action has a legitimate reason to remain in the country for certain limited purposes during the period of deferral.
A noncitizen granted deferred action may also apply for and be authorized to work during the period of deferment if he or she demonstrates a need for employment for economic reasons.
What should be done?
First, you should contact the U.S. Equal Employment Opportunity Commission EEOC for assistance. Contact information and addresses of the nearest offices can be found on the website.
You can also call the Department of Labor's referral line at 311.
How do I apply for Deferred Action?
You need to send the application and required documents to USCIS:
- A written statement signed by the non-citizen stating the reasons for requesting Deferred Action (free form);
- A copy of a letter from the employment agency detailing the investigation or prosecution and requesting DHS support;
- Documents to verify employee status, such as W-2s, pay stubs, timesheets, or other documentation of employment, and a letter from the employment agency;
- Additional documentation to support the need for assistance;
- Identity and nationality of the non-citizen (passport);
- If applicable, documentation of legal entry into the United States or immigration history or noncitizen status (I-94, I-862, I-385, I-220, etc.);
- Form G-325A with background information;
- Form I-765 category (c)(14) with $410 fee or request for I-912 fee waiver;
- Form I-765WS, worksheet.
Where to send the application?
USCIS
Attn: Deferred Action
10 Application Way.
Montclair, CA 91763-1350
Deferred action may be granted for up to two years with the option to terminate at any time.
A non-citizen worker who is the victim of a crime may be eligible for other forms of immigration relief, including a T or U nonimmigrant visa or parole.
It is also worth remembering that defrauding the court and failing to pay taxes are serious crimes that are punished much more severely than working for cash.