{"id":1683,"date":"2023-04-20T00:00:00","date_gmt":"2023-04-20T05:00:00","guid":{"rendered":"https:\/\/eaganimmigration.com\/what-is-deferred-action-and-how-can-it-help-you\/"},"modified":"2026-04-16T22:49:16","modified_gmt":"2026-04-17T03:49:16","slug":"what-is-deferred-action-and-how-can-it-help-you","status":"publish","type":"post","link":"https:\/\/eaganimmigration.com\/en\/what-is-deferred-action-and-how-can-it-help-you\/","title":{"rendered":"What is deferred action and how can it help you?"},"content":{"rendered":"\nHere at Eagan we know just how hard it is to live and work in the USA without your documentation. That\u2019s why we are always keeping track of changes in the United States\u2019 immigration laws that might benefit you if you are currently struggling without papers. Recently, the Department of Homeland Security introduced changes to the <\/span>Deferred Action<\/span><\/b> process that could allow you to get a work permit within 30 days if you have been a victim of workplace abuse. Read on to see if you might apply.\u00a0<\/span>\u00a0<\/span>\n\nFirst off, what is <\/span>Deferred Action<\/span><\/b>? Deferred Action is a temporary protection from deportation that is granted by programs created by the president of the United States. One form of Deferred Action you may have heard about is DACA (Deferred Action for Childhood Arrivals), a 2012 program created by Barack Obama which protects undocumented immigrants who arrived in the US as children (applications for DACA were accepted between 2012 and 2017). If you apply for deferred action, and you are approved, you will receive a work permit, which will allow you to live and work in the US without fear of deportation. However, there are drawbacks. After you get your work permit you will have to get it renewed, usually every two years. It is also not currently a pathway to long-term residency or citizenship.\u00a0<\/span>\u00a0<\/span>\n\nNext, how has the program changed this year? On January 13, 2023, the Department of Homeland Security announced a new Deferred Action process for noncitizen workers who have been victims or witnesses of workplace abuse. The new process is intended to protect workers without papers who are especially vulnerable to exploitation. Here is what Secretary of Homeland Security, Alejandro Mayorkas, had to say about that:\u00a0<\/span>\u00a0<\/span>\n\n\u201cUnscrupulous employers who prey on the vulnerability of noncitizen workers harm all workers and disadvantage businesses who play by the rules. We will hold these predatory actors accountable by encouraging all workers to assert their rights, report violations they have suffered or observed, and cooperate in labor standards investigations.\u201d\u00a0<\/span>\u00a0<\/span>\n\nNow, here’s where the exciting news comes in. USCIS will process all applications for the new Deferred Action program within 30 days. That means you could have the protection you need to live without fear within a month of applying. Let\u2019s see if you might be eligible:\u00a0<\/span>\u00a0<\/span>\n\nTo qualify for a work permit under the new program you will have to meet the following conditions:\u00a0<\/span>\u00a0<\/span>\n
    \n \t
  1. Your boss abused you in some way. For instance: <\/span>\u00a0<\/span><\/li>\n \t
  2. Wage and hour violations<\/span><\/b>: they did not pay you enough money or did not pay you for the time that you worked.\u00a0<\/span>\u00a0<\/span><\/li>\n \t
  3. Workplace safety issues<\/span><\/b>: they told you to do something unsafe or they did not give you training to complete a dangerous task.\u00a0<\/span>\u00a0<\/span><\/li>\n \t
  4. Threats<\/span><\/b>: your boss threatened to report you to immigration or the police if you spoke out about the way they treated you.<\/span>\u00a0<\/span><\/li>\n \t
  5. Sexual harassment<\/span><\/b>: they made you feel uncomfortable by making inappropriate jokes or unwanted advances.<\/span>\u00a0<\/span><\/li>\n \t
  6. Discrimination<\/span><\/b>: they insulted you for your race or immigration status.<\/span>\u00a0<\/span><\/li>\n \t
  7. Denied job-protected leave<\/span><\/b>: they told you that you would be fired if you missed work because of the birth of a child or to attend the funeral of a close family member.<\/span>\u00a0<\/span><\/li>\n \t
  8. Denied safe-leave<\/span><\/b>: your boss told you that you could not take time off work to attend to your needs after you were the victim of domestic violence or stalking.<\/span>\u00a0<\/span><\/li>\n \t
  9. Other examples of workplace abuse<\/span><\/b>: this list does not cover every possible abuse that may qualify you for Deferred Action.<\/span>\u00a0<\/span><\/li>\n<\/ol>\nYou or your attorney must report the abuse to one or more of the following government agencies:\u00a0<\/span>\u00a0<\/span>\n