Immigration

Labor-based deferred action, also known as deferred action for labor enforcement or “DALE,” is a temporary immigration benefit that allows people to stay in the U.S. and have a work permit if they have worked in a place where they were the victim of, or may have witnessed, workplace abuse or violation of labor laws.¹ It is not the same as a T visa and does not involve a path to lawful permanent residency or citizenship. It is typically granted for two years at a time. DALE may be renewed as long as an investigation or enforcement action is open against an employer for a violation of labor laws.

Labor laws protect against things like sexual harassment, including sexual assault, and sex or gender discrimination in the workplace. They also include violations related to how much people get paid or how many hours they must work. Both sex and labor trafficking survivors who were trafficked in a workplace may also have been victims of violations that could qualify them for DALE. In fact, people who suffered violations that do not quite meet the definition of trafficking may find DALE to be a useful alternative.

If your workplace has violated your rights or the rights of other workers, you should speak to a labor law attorney or immigration attorney about reporting the violation to a labor law enforcement agency and then applying for DALE.  Currently, it takes only about two to six months for a DALE application and work permit request to be decided, so it is a great option for people who need a work permit sooner than they can get one through a T visa. You can apply for DALE and a T visa at the same time, without harming either application type.

¹ USCIS, DHS Support of the Enforcement of Labor and Employment Laws