NIPNLG: Seeking Labor-Based Deferred Action

Last Wednesday, I had the pleasure of attending an NIPNLG webinar on Seeking Labor-Based Deferred Action. There’s a Vimeo recording of the event but it requires a password. I recommend reaching out to NIPNLG directly to get access.

Meanwhile, you can check out NIPNLG’s practice manual, which is freely available online.

Here are the highlights:

On January 13, 2023, the Department of Homeland Security announced “a streamlined and expedited deferred action request process” for non-citizen workers who experience or witness labor rights violations [hereinafter, “Labor-Based Deferred Action”]….

As a threshold matter, to establish eligibility, workers must provide “[a] letter or Statement of Interest from a [federal, state, or local] labor or employment agency addressed to DHS supporting the request.”… [which they get by sending] a written request to the Board Agent assigned to their case, the Regional Director, and the Immigration Coordinator (if known)…

[Once the Statement of Interest is obtained,] a Deferred Action and Employment Authorization Packet can be prepared and filed.

The manual has a list of federal labor agencies and the laws they enforce. It also includes sample screening questions and provides information about how to prepare a good packet.

Here’s the timeline NILNLG provides:

All-in-all an interesting development on the deferred action front.

-KitJ