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My Work Rights

Relief for Immigrant Workers

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NJDOL protects all New Jersey workers regardless of immigration status, but immigrant workers may not feel safe assisting with enforcement actions against their past or current employer. Depending on an immigrant worker’s situation, NJDOL may be able to offer:

  • Statement of Interest – For workers who report work rights violations, NJDOL can issue Statements of Interest to the federal Department of Homeland Security (DHS) in Support of a Deferred Action application.
  • U/T Visa Certification – NJDOL can issue a certification in support of a U/T visa application. U/T visas are for victims of certain crimes and human trafficking.

Immigrant workers are less likely to report work rights violations. They may fear their employer will use their immigrant-status against them. The US Department of Homeland Security (DHS) has a process to help address this fear.

Immigrant workers who report work rights violations to NJDOL can request temporary protection from deportation, called deferred action:

  • Deferred action delays the deportation of an immigrant who does not have valid status to be in the U.S., typically for four years. You may be able to make additional deferred action requests after the initial period.
  • DHS grants deferred action and may end or extend this period at its discretion.
  • NJDOL can provide one component you need for your application to DHS, which is called a Statement of Interest in support of deferred action.
  • You could be eligible for employment authorization if you are granted deferred action.
  • If you are granted deferred action, you must stay involved in the ongoing NJDOL enforcement action against your past or current employer.

  • It is NJDOL's responsibility to ensure employers adhere to New Jersey workplace laws. Violations of these laws can trigger an enforcement action by NJDOL.
  • An enforcement action begins when NJDOL receives a complaint or notice about a possible violation or proactively opens a case against an employer, which may be in violation of one or more laws it enforces. This is the pre-investigative phase.
  • An enforcement action also includes the investigation of a complaint, any related judicial proceedings, and compliance with the terms of a settlement agreement.
  • An enforcement action ends when a worker receives the remedies owed to them along with any fees and penalties due to the state or when NJDOL concludes that no violation of the law has occurred.
  • An enforcement action may be completed in a very short amount of time or it may take multiple years to come to an end, depending on the complexity of a case, the number of workers impacted, and whether an employer cooperates.

To request deferred action from DHS, you need a Statement of Interest from NJDOL.

NJDOL considers several things when deciding if it should issue a Statement of Interest:

  1. NJDOL’s need for additional complainants and witnesses to participate in upcoming hearings and testimonies and need for additional complainants to come forward in a case against an employer;
  2. NJDOL’s ability to obtain and provide all available remedies under the law;
  3. Whether immigration enforcement concerning workers could impede NJDOL’s ability to enforce the laws within its jurisdiction; and
  4. The likelihood that immigration enforcement could be used as an instrument to undermine employer compliance with the laws under NJDOL’s jurisdiction.

Immigrant workers who support NJDOL in an ongoing NJDOL enforcement action against their past or current employer can request a Statement of Interest. Workers are encouraged to seek help from a trusted source to request a Statement of Interest from NJDOL. A group of workers can also request a Statement of Interest.

Email your request to immigration-relief@dol.nj.gov for NJDOL to consider. NJDOL will respond to your email to confirm that we received it. NJDOL tries to provide a decision within 30 days of receiving your request.

Do not include sensitive information:

  • Your immigration history or needs.
  • Sensitive personally identifiable information. This includes dates of birth, Social Security Numbers, or Alien Registration Numbers.

Please do include:

  • The name(s) of the employer(s) and place(s) of employment
  • A copy of the complaint(s), if available
  • Description of the dispute with your past or current employer and how it relates to laws enforced by NJDOL
  • Whether you have traditional evidence of employment (like a W2) or if cash-off-the-book employment might be an issue
  • Description of how your fear of immigration-related retaliation or enforcement prevents you from reporting violations or cooperating with NJDOL
  • When the alleged violations began

IMPORTANT: NJDOL’s involvement in the deferred action process ends with issuing a Statement of Interest.

Upon receiving a Statement of Interest from NJDOL, you can request deferred action under DHS’s centralized process. You must submit the Statement of Interest, among other things, such as a written request, necessary forms, and evidence, directly to DHS. The complete process for requesting deferred action can be found on the United States Citizenship and Immigration Services’ (USCIS) website on deferred action.

Workers who receive a Statement of Interest from us should remain available to assist NJDOL throughout our enforcement action against their past or current employer. Failure to do so could lead to NJDOL revoking its Statement of Interest.

  • NJDOL cannot provide legal advice or help you determine if applying for deferred action is right for you.
  • NJDOL encourages you to seek legal advice to decide whether to apply for deferred action.
  • Free legal service providers are available here: https://www.justice.gov/eoir/list-pro-bono-legal-service-providers (select New Jersey on the map).

If you have questions about submitting a request for a Statement of Interest with NJDOL, email immigration.relief@dol.nj.gov 

For questions about the deferred action program, or for resources in English and Spanish, visit the USCIS website.

A U visa provides legal immigration status to immigrants who are victims of certain crimes.

To qualify, victims must meet certain elements:

  • Victims must have suffered physical or mental harm.
  • Victims must have information related to the crime suffered, or
  • Victims have been helpful to law enforcement, or
  • Victims are being helpful to law enforcement, or
  • Victims are likely to be helpful to law enforcement.

An applicant must submit a signed certification (I-918 Supplement B Form). NJDOL can sign this form.

If you are granted a U visa you may stay in the United States for up to four years. You may also be eligible for permanent residency.

  • Abduction
  • Abusive sexual contact
  • Blackmail
  • Domestic violence
  • Extortion
  • False imprisonment
  • Felonious assault
  • FGM
  • Being held hostage
  • Incest
  • Involuntary servitude
  • Kidnapping
  • Manslaughter
  • Murder
  • Obstruction of justice
  • Peonage
  • Perjury
  • Prostitution
  • Rape
  • Sexual assault
  • Sexual exploitation
  • Slave trade
  • Torture
  • Trafficking
  • Witness tampering
  • Unlawful criminal restraint
  • Other related crimes

If you plan to request a certification from NJDOL, you should know the following:

  • The U visa request must relate to a law NJDOL enforces. The alleged criminal activity must have occurred in an employment context.
  • Based on the facts you present, NJDOL will make a prima facie (this means based on first impression) determination if you may be a victim of one of the qualifying crimes.
  • NJDOL will evaluate if you are being helpful or will likely be helpful in detecting, investigating, or prosecuting the crime.
  • Certification from NJDOL does not guarantee approval of a U Visa. US Citizenship and Immigration Services (USCIS) is responsible for this decision.

Please note that NJDOL will not:

  • Ask about your immigration status during this process.
  • Discuss the probability or possibility of obtaining a U Visa.

Lastly, NJDOL is not required to certify a U Visa.

  • Complete the following sections of the I-918 Supplement B form and send it to immigration-relief@dol.nj.gov:
    • Part 1. Victim Information
    • Part 3. Criminal Acts
    • Part 5. Family Members Culpable in Criminal Activity
  •  We encourage you to write a short summary of facts, but this is not required.

Please note that NJDOL is not directly involved with the USCIS process.

To apply for a U visa, you must submit required forms, evidence, and a personal statement. The complete process for requesting a U visa from USCIS can be found on USCIS’s website.

  • NJDOL cannot provide legal advice or help you determine if applying for a U visa is right for you.
  • NJDOL encourages you to seek legal advice to decide whether to apply for a U visa.
  • Free legal service providers are available here: https://www.justice.gov/eoir/list-pro-bono-legal-service-providers (select New Jersey on the map).

Visit the USCIS website.

The T visa provides legal immigration status to immigrants who are victims of human trafficking.

To qualify, the victims must meet certain criteria:

  • Victims must have been helpful to law enforcement, or
  • Victims are being helpful to law enforcement, or
  • Victims will be helpful to law enforcement.

You may submit a I-914 Supplement B form from NJDOL with your T Visa application. It’s not required, but it is helpful.

If you are granted a T visa, you may stay in the United States for up to four years. You may also be eligible for permanent residency.

 If you plan on requesting a certification from NJDOL, please note:

  • The U visa request must relate to a law NJDOL enforces and the crime of human trafficking must have occurred in an employment context.
  • Based on the facts you will present, NJDOL will make a prima facie (this means based on first impression) determination that you may be a victim of human trafficking and thus could be eligible for a T visa.
  • NJDOL will evaluate if you are being helpful or will likely be helpful in detecting, investigating, or prosecuting the crime.
  • Certification from NJDOL does not guarantee approval of a U Visa. USCIS is responsible for this decision.

Please note that NJDOL will not:

  • Ask about your immigration status.
  • Discuss the probability or possibility of obtaining a T visa.

Lastly, NJDOL is not required to certify a U Visa.

  • Complete the following sections of the I-914 Supplement B form and send it to immigration-relief@dol.nj.gov:
    • Part 1. Victim Information
    • Part 3. Statement of Claim
    • Part 5. Family Members Implicated in Trafficking
  • We encourage you to write a short summary of facts, but this is not required.

Please note that NJDOL is not directly involved with the USCIS process.

To apply for a T visa, you must submit required forms, evidence, and a personal statement. The complete process for requesting a T visa from USCIS can be found on USCIS’s website.

  • NJDOL cannot provide legal advice or help you determine if applying for a T visa is right for you.
  • NJDOL encourages you to seek legal advice to decide whether to apply for a T visa.
  • Free legal service providers are available here: https://www.justice.gov/eoir/list-pro-bono-legal-service-providers (select New Jersey on the map).

Visit the USCIS website.