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Guidance

Presentation Audience

Immigrant Worker Rights

Immigrant Worker Rights Under the National Labor Relations Act

The National Labor Relations Board (NLRB) protects the rights of employees under the National Labor Relations Act (NLRA), regardless of immigration status.

Because immigration status is not relevant as to whether there has been a violation of the NLRA: 

  • We will NOT ask you about your immigration status.
  • You DO NOT need to share any information with us about your immigration status.
  • You DO NOT need to share information about the status of your current/former coworkers.

If there is an ongoing NLRB investigation or enforcement action at a worksite, and you or your representative tells us that immigration relief is necessary at that worksite to protect workers who are, or may be willing to cooperate with the NLRB’s investigation or enforcement action, but who may fear retaliation for doing so, you may make a request that the NLRB issue a Statement of Interest, which employees can use in requesting deferred action from the Department of Homeland Security (DHS).  The NLRB will also consider completing U visa and T visa certifications, in appropriate cases.

Requests for Statement of Interest in Support of Deferred Action

Requests to the NLRB for a Statement of Interest for a particular worksite should be directed to any/all of the following: the Board Agent assigned to the case, the Immigration Coordinator in the Region, the Regional Director, and the Immigration Team (Immigration.Team@nlrb.gov) in Washington, DC.

Requests should include the NLRB case number, the location of the worksite(s) involved in the NLRB action, and the employer's name(s) as it appears on paystubs or other documents.

If you do not receive an acknowledgment of your request (or accompanying information) within three business days, please call 202-273-2900 and ask to speak to a member of the Immigration Team.

Requesters should follow the same process for a request to the NLRB for an updated Statement of Interest, which is required if a worker wants to seek a renewal of their deferred action and employment authorization document from DHS.  Please note that DHS says that workers should submit any subsequent request for deferred action to DHS, including the updated Statement of Interest from the labor agency, 120 days prior to the expiration of the original period of deferred action but no more than 180 days prior to the expiration of the original period of deferred action. More information can be found on the DHS Frequently Asked Questions website.

Requests for U and T visa certification

Requests for U and T visa certification should be directed to the any/all of the following: the Board Agent assigned to the case, the Immigration Coordinator in the Region, the Regional Director, and the Immigration Team (Immigration.Team@nlrb.gov) in Washington, DC.

Requests should establish reasonable grounds for concluding that qualifying criminal activity has been committed, which has a nexus with an NLRB case investigated or litigated by an NLRB Regional Office. Specifically, the request should identify the underlying substantive elements of the qualifying criminal activity or activities and identify the evidence in support of those elements.

Other Resources

The NLRB has guidance and resources for immigrant workers:

Call 1-844-762-NLRB and ask to speak to a Regional Immigration Coordinators and/or email the Immigration Team in Washington DC (Immigration.Team@nlrb.gov) with questions.