Employer exploitation when working for cash. Do not be afraid to report it.
You may now qualify for deportation deferral and work authorization.
In October 2021, U.S. Secretary of Homeland Security Alejandro Mayorkas issued the Worksite Enforcement Memorandum. In January 2023, the Department of Homeland Security (DHS) released new guidance to strengthen protections for workers.
DHS explains the reason for these measures:
Workers may be reluctant to report employer violations or cooperate with labor investigations due to fear of retaliation or immigration consequences. DHS’s discretionary protection enhances enforcement efforts and helps hold abusive employers accountable, protecting all workers in the United States.
What protection does DHS provide?
Deferred Action is a form of prosecutorial discretion that temporarily defers removal (deportation).
- It does not grant immigration status;
- It does not cure past or future unlawful presence;
- It considers the individual lawfully present for limited purposes during the deferral period.
Individuals granted Deferred Action may apply for employment authorization if they demonstrate economic necessity.
What should you do?
Contact the U.S. Equal Employment Opportunity Commission (EEOC). Office locations are available here.
You may also call 311 to reach the local Labor Department.
How to apply for Deferred Action?
- Written request explaining the basis for the request;
- Letter from a labor or enforcement agency describing the investigation;
- Evidence of employment (W-2, pay stubs, timesheets, etc.);
- Additional mitigating factors, if applicable;
- Proof of identity and nationality (passport);
- Immigration history documents (I-94, I-862, I-385, I-220, etc.);
- Form G-325A;
- Form I-765 category (c)(14) with $410 fee or Form I-912;
- Form I-765WS.
Mailing address:
USCIS
Attn: Deferred Action
10 Application Way
Montclair, CA 91763-1350
Deferred Action may be granted for up to 2 years and may be terminated at any time.
Victims of crimes may also be eligible for T or U visas or humanitarian parole.
⚠️ Perjury and tax evasion are significantly more serious offenses than working for cash.
Disclaimer: The information provided here is for general informational purposes only and does not constitute legal advice. Translations are provided for convenience and may contain errors or omissions. For guidance on your specific situation, always consult official sources or a qualified attorney.
