Immigrant employees in California are often vulnerable to abusive or exploitative employers who attempt to use immigration status as leverage in the workplace. Unfortunately, it is not uncommon for unscrupulous employers to threaten workers with immigration consequences if they complain about unpaid wages, unsafe working conditions, or unlawful termination. These actions are not only illegal under state and federal labor laws—they may also amount to extortion under California criminal law.

What many immigrant workers do not realize is that extortion is a qualifying crime for purposes of the U nonimmigrant visa (commonly called a U visa). This visa was created by Congress to help victims of serious crimes who have suffered mental or physical abuse and who are willing to assist law enforcement in the investigation or prosecution of those crimes. For immigrant workers who fear deportation, the U visa can be a powerful tool that not only provides protection but also offers a long-term pathway to lawful permanent residency and eventually U.S. citizenship.

How Employer Exploitation Can Amount to Extortion

Under the California Penal Code, extortion occurs when someone uses force, threats, or coercion to obtain money, property, or some other advantage from another person. Specifically, California Penal Code § 518 defines extortion as obtaining something of value “from another, with his or her consent, induced by a wrongful use of force or fear, or under color of official right.”

When an employer threatens to report a worker to immigration authorities unless the worker accepts lower wages, works in unsafe conditions, or remains silent about wage theft or harassment, that conduct may rise to the level of extortion. Even verbal threats such as “If you complain, I will call ICE on you” can qualify, since they are intended to instill fear and force compliance.

Other examples of employer conduct that could amount to extortion include:

• Threatening to cancel a worker’s visa sponsorship unless they pay money or continue working under illegal conditions.
• Using immigration threats to prevent workers from joining a labor union.
• Forcing employees to work overtime without pay under the threat of deportation.
• Demanding sexual favors from an immigrant employee in exchange for not reporting them to immigration authorities.

These abusive tactics are not only illegal under employment laws—they can also be criminal acts that may make the worker eligible for protection under the U visa program.

The U Visa: A Powerful Immigration Relief Option

The U visa was established by Congress in 2000 under the Victims of Trafficking and Violence Protection Act. It is available to noncitizens who are victims of certain qualifying crimes, including extortion, and who have suffered substantial mental or physical abuse as a result. Importantly, applicants must be willing to cooperate with law enforcement in the investigation or prosecution of the crime.

Benefits of the U Visa

• Temporary Legal Status: U visa holders receive four years of lawful status in the United States.
• Work Authorization: U visa recipients are granted employment authorization, which allows them to legally work in the U.S. without fear of retaliation.
• Pathway to Permanent Residency: After three years of continuous presence in U visa status, recipients can apply for lawful permanent residency (a green card).
• Pathway to Citizenship: Once permanent residency is obtained, U visa holders can later apply for U.S. citizenship through naturalization, just like any other green card holder.
• Family Protection: Certain qualifying family members, such as spouses and children, may also receive derivative U visas.

For immigrant employees who are out of status or whose cases may be at risk of deportation, the U visa can provide a vital lifeline toward stability and eventual citizenship.

What Immigrant Workers Should Do to Protect Themselves

If you are an immigrant worker in California who has experienced threats or exploitation by your employer, it is important to take the following steps:

1. Document Everything: Keep detailed notes of any threats, including dates, times, and the exact words used. Save text messages, emails, or voicemails that may serve as evidence.
2. Report the Abuse: Consider reporting the conduct to local law enforcement, labor agencies, or worker advocacy organizations. A police report or investigation is often necessary to support a U visa application.
3. Seek Legal Advice Immediately: Because every case is unique, it is critical to consult with an experienced immigration attorney who understands both labor rights and U visa eligibility. An attorney can help determine whether your situation qualifies as extortion and whether you may be a strong candidate for a U visa.
4. Do Not Succumb to Fear: Remember that California law protects workers from retaliation based on immigration status. Employers cannot lawfully threaten to call immigration authorities to silence or control you. Both state and federal law recognize these threats as unlawful retaliation.

Why the U Visa Matters for Immigrant Workers

For immigrant employees in California, the U visa represents more than just temporary relief. It offers hope, stability, and a pathway to a secure future in the United States. By reporting abusive employers and cooperating with law enforcement, immigrant workers not only protect themselves but also help create safer and fairer workplaces for everyone.

Many workers hesitate to come forward out of fear of deportation. However, the U visa is designed precisely to protect victims of crimes like extortion from that very fear. By asserting your rights and seeking legal help, you can stop the cycle of exploitation and take steps toward lawful status and eventual citizenship.

Conclusion

If your employer has ever threatened to report you to immigration authorities in order to exploit your labor, underpay you, or silence your complaints, you may be a victim of extortion under California law. Extortion is a qualifying crime for the U visa, and pursuing this immigration benefit may provide you and your family with a legal pathway to permanent residency and citizenship.

Legal Disclaimer

This blog article is for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Every immigration case is different and requires a careful review of the facts and applicable law.

If you believe you may qualify for a U visa or if your employer has threatened you based on your immigration status, call Attorney Thomas M. Lee at (213) 251-5533 for a free legal consultation.