Statement of Interest
The Statement of Interest process at the NYS Department of Labor is as follows:
- A worker becomes involved in a labor dispute and files a complaint with the NYSDOL.
- The worker’s advocate or attorney submits a written request for a statement of interest letter to NYSDOL by emailing [email protected].
- NYSDOL will evaluate the SOI request and will notify the advocate/attorney if we will attempt to issue a draft letter to DHS within 30 days.
- If the workers’ cooperation is needed to fully investigate the complaint and the workers fear retaliation by the employer, the NYSDOL will send a draft statement of interest letter to DHS for their review and approval. If it is determined that a workers’ cooperation is not necessary when we receive the request but may be needed in the future, the Department will monitor internally until such time when their cooperation is needed.
- If the letter is approved by DHS, the NYSDOL will share the letter with the advocate or attorney. If the letter is not approved by DHS, the NYSDOL will notify the advocate or attorney in writing.
- New York has done an exceptional job in getting this program up and running in such a short period of time. Many states have declined to issue statement of interest letters, other states interested in issuing these letters are still working on developing their program.
- Ultimately, to properly use a statement of interest to file a deferred action application with DHS requires an advocate or attorney. Thus, we require an advocate or attorney to request a statement of interest letter, so that our resources are dedicated to statements that can be used.
- Attorneys and advocates may decide that this process is not the right avenue for their clients and opt to take another route. NYSDOL does not provide legal advice on available immigration relief options.