• If you live in the Portland area: https://www.portlandofopportunity.com/how-do-i-learn-english
• Maine’s Adult Education has resources and classes statewide: https://maineadulted.coursestorm.com/category/english-language-learners

While you are waiting for Work Authorization, connect with your local CareerCenter to help you prepare for work! This could include building your resume, connecting with training, or other skill development. More information can be found at https://www.mainecareercenter.gov/, or you can call (207)-623-7981 or email MaineDOL.CareerCenter@maine.gov

Need help with a first-time work authorization document or a renewal? Schedule an appointment with Hope Acts: https://hopeacts.org/

The below is from the Asylum Seeker Advocacy Project (ASAP):

The following rules about INITIAL work permits are now in place for all asylum seekers: 

• When to apply: In general, asylum seekers can request an initial work permit 150 days after submitting their asylum application (Form I-589). Asylum seekers can receive the work permit 180 days after filing their asylum applications.
• Wait time: The government must make a decision on asylum seekers’ initial work permit applications within 30 days. However, unfortunately, this does not always happen. If you do not receive a decision within 30 days, learn what steps you can take.
• Cost: Asylum seekers do not have to pay any fee to apply for an initial work permit. Asylum seekers do not have to pay the biometrics fee that applies to some other work permit applicants.
• Other positive changes: Other old Trump administration rules no longer apply! For example, it is now easier to get a work permit if you crossed the border without presenting yourself, or if you applied for asylum after one year.

The following rules about work permit RENEWALS are now in place for all asylum seekers: 

• When to apply: The most important thing is to apply for your work permit renewal with plenty of time before the expiration date on your current work permit card. If USCIS receives your work permit renewal on or before the expiration date, your current work permit will be automatically extended after its expiration date.

According to the government, asylum seekers should apply to renew their work permit at least 90 days before their current work permit expires.

• Wait time: If an asylum seeker has applied for a work permit at least 90 days before their current work permit expires, the government is supposed to make a decision on their renewal application before their current work authorization expires. However, we know that many asylum seekers have been waiting a long time for their work permit renewals and that the government is not following this requirement at this time.
• Auto-Extension: If your current work permit has expired and you have not received a new work permit yet, your work permit is automatically extended and you can continue to work. Read more about the auto-extension here.
• Cost: Asylum seekers have to pay a $410 fee to renew their work permits. Asylum seekers do not have to pay the biometrics fee that applies to some other work permit applicants.

How can I show my boss that my work permit has been automatically extended? 
These two USCIS web pages explain that work permits for asylum seekers now qualify for automatic extensions: handbook for employers and information for employers and employees. You can show these web pages to your boss to help them understand the new work permit extension policy. The second web page is also available in other languages—scroll to the bottom of the page to find translation links.
If your boss needs additional information, you can show them your I-797C receipt notice. You should have received this document from the government after submitting your work permit renewal application. You can see an example of an I-797C receipt notice here.
What if my boss is confused or has more questions about my work permit extension?
If your boss or employer has questions about your work permit extension, they can call this government phone number for employers, and a government official will answer their questions: 1-800-255-8155.
If you have questions about your work permit extension, you can also call a government number for employees: 1-800-255-7688.
Both phone numbers can receive calls in English and Spanish. The phone numbers are operated by a government office called the Immigrant and Employee Rights Section of the Civil Rights Division of the Department of Justice.

CareerCenter staff provide no-cost customized services to help someone find a job that interests them and help them get the skills they need to be successful. All services are available both online and in-person, with locations across the state. You can get help with career exploration, resume development, interview tips and practice, or connect with training and other opportunities to reach your career goals. Check out the CareerCenter Resource Guide (PDF)

CareerCenter resources are available in different languages here: https://www.mainecareercenter.gov/publications/index.shtml

Visit the CareerCenter website, https://www.mainecareercenter.gov. There are many resources available online, and you can live-chat with one of our staff. You can also call (207)-623-7981 or email MaineDOL.CareerCenter@maine.gov for more information on workshops, job fairs, and other opportunities you may be interested in.

For people who have disabilities, the Bureau of Rehabilitation Services (BRS) offers help through the Division of Vocational Rehabilitation (DVR), the Division for the Blind and Visually Impaired (DBVI), and the Division for the Deaf, Hard of Hearing & Late Deafened (DHHLD):

• Vocational Rehabilitation Program (VR) provides help to youth and adults who have physical, mental, or emotional disabilities to find, keep and advance in employment, including individualized career planning, training, work experiences and supportive services: https://www.maine.gov/rehab/dvr/
• Division for the Blind and Visually Impaired (DBVI) provides help to individuals of all ages with visual impairments, including vocational assessment, individual counseling, independent travel skills, and other training, equipment, and follow-up services to support successful employment: https://www.maine.gov/rehab/dbvi/index.shtml
• The Division for the Deaf, Hard of Hearing & Late Deafened (DHHLD) provides services and resources, including a comprehensive resource guide, information, advocacy, referrals, Deaf identification cards, vehicle placards, and a discount on in-state TTY calls: https://www.maine.gov/rehab/dod/index.shtml
  

Maine CareerCenters are constantly hosting hiring events in collaboration with employers throughout the state! Find one near you: https://www.mainecareercenter.com/employment/hiringevents/

You can browse thousands of job openings and upload your resume for no-cost on the Maine JobLink: https://joblink.maine.gov/

Minimum wage - As of January 1, 2024, the state minimum wage is $14.15 per hour.
In addition to the minimum wage, the "tip wage," or service employee minimum wage, is $7.08 per hour. This means that service employees must receive at least a direct cash wage of $7.08 per hour from the employer. The employer must be able to show that the employee receives at least the minimum wage of $14.15 per hour when the direct wage and tips are combined at the end of the week.

The minimum salary threshold for exempting a worker from overtime pay is also based on the minimum wage. Starting January 1, 2024, the new minimum salary threshold is $816.35 per week, or $42,450.20 per year. This is only one of the factors used in determining whether a worker is exempt from overtime pay under federal or state law. An individual can earn more than the minimum salary threshold and still be eligible for overtime. The duties of each worker must be considered as part of this analysis.

Overtime - Unless specifically exempted, employees must receive overtime pay for hours worked in excess of 40 in a workweek at a rate not less than time and one and one-half their regular rate of pay. Employers have the right to allow or deny overtime, but if overtime is worked, it must be paid in accordance with state requirements. Compensatory or “comp” time cannot be used by private sector employers, although private-sector employers can allow employees to flex their time within the workweek (but not the pay period if the pay period is longer than a seven day cycle in the workweek).

• Poster: Minimum Wage (PDF)
• Salaried Workers: Exempt Versus Non-Exempt Guide (PDF)

Earned Paid Leave - An employer that employs more than 10 employees in the usual and regular course of business for more than 120 days in any calendar year shall permit each employee to earn paid leave based on the employee’s base pay. An employee is entitled to earn one hour of paid leave from a single employer for every 40 hours worked, up to 40 hours in one year of employment. Accrual of leave begins at the start of employment, but the employer is not required to permit use of the leave before the employee has been employed by that employer for 120 days during a one-year period.

Time of Payment - Employees must be paid in full at least every 16 days. Employees must be notified of any decrease in wages or salary at least one day prior to the change.

Payment of Wages - Employees who leave a job must be paid in full on the next payday or within two weeks, whichever is earlier. This may include the payment of all unused paid vacation accrued after January 1, 2023. This will also include all accrued Earned Paid Leave if established in company policy or in practice.

Unfair Agreement - Employers cannot require that an employee pay for losses such as broken merchandise, bad checks, or bills not paid by customers, nor for special uniforms and certain tools of the trade.

Rest Breaks - Most employees must be offered a 30-minute paid or unpaid rest break after 6 hours of work.

Equal Pay Law - Are you being paid less than an employee of the opposite sex for performing comparable work? If so, ask yourself the following questions: Does the other employee’s job have comparable requirements relating to skill, effort, and responsibility? Does the other employee have similar training, education or experience relating to the jobs performed? Does your employer prohibit you from talking about your wages with your coworkers? If you answer “yes” to any of these questions, you may want to file an Equal Pay Complaint. The Maine Department of Labor has a printable complaint form which you may access .(PDF)

More information on these and other labor laws can be found here: https://www.maine.gov/labor/posters. Many of the posters are available in multiple languages.

You may also contact the Maine Department of Labor’s Bureau of Labor Standards at 207-623-7900 or bls.mdol@maine.gov. Workers can contact the Wage and Hour Division confidentially with questions and to file a complaint. Worker protections apply to everyone regardless of immigration status, and all workers have the same right to a safe workplace and fair pay. No-cost translation services are available.

Registered apprenticeship is an industry-driven, high-quality career pathway where employers can develop and prepare their future workforce, and individuals can count on receiving four things: paid on the job work experience, related classroom instruction, alignment of training with skills standards, and a nationally recognized, portable credential.

We like to use the phrase “learn while you earn” when describing the mutual benefits of this program.

Apprenticeship is a way for workers to receive the training and support they need to be successful in a new career, while earning a wage, and for employers to play a direct role in training their workforce for jobs of today and tomorrow.

Registered apprenticeship and pre-apprenticeship programs can be a great option for students and those beginning their careers. As pre-apprentices, they earn transferrable hours and skills to take with them as they bridge over to Registered Apprenticeship. Upon graduation they are given priority to interviews or job placement in their chosen career path.

For more information, visit: https://www.maine.gov/labor/jobs_training/apprenticeship/

On October 25, 2023, the Maine Department of Labor today sent a letter to the U.S. Department of Homeland Security (DHS) and the U.S. Citizenship and Immigration Services (USCIS) requesting a waiver from provisions under the Immigration and Nationality Act that prohibit an applicant for asylum from being eligible to seek employment in the United States for 180 days after the applicant has filed their initial asylum claim.

The request is the result of a resolve passed by the Legislature and signed into law by Governor Janet Mills directing the Maine Department of Labor to seek such a waiver.

The letter reads as follows:

October 25, 2023

Dear Secretary Mayorkas and Director Jaddou:

The State of Maine is requesting a waiver from provisions under the Immigration and Nationality Act (INA) 8 U.S.C 1158 (d)(2) that prohibit an applicant for asylum from being eligible to seek employment in the United States for 180 days after the applicant has filed their initial asylum claim.

This request comes after the Maine State Legislature passed and Governor Janet Mills signed a resolve directing the Maine Department of Labor to seek such a waiver from the U.S. Department of Homeland Security (DHS) and the U.S. Citizenship and Immigration Services (USCIS).

As you may be aware, like many states across the nation, Maine has experienced multiple surges of individuals seeking asylum. While Maine is a welcoming state, these surges are straining municipal and State budgets and stretching already too scarce housing resources even thinner.

The State has responded by working in partnership with municipalities, MaineHousing, local nonprofit and development organizations, the State Legislature, and Maine’s Congressional Delegation to support Maine towns and cities as they transition immigrants into Maine’s communities and workforce. These efforts have included improving reimbursement to municipalities through the General Assistance program; supporting long-term safety and security for immigrants by funding frontline organizations that support people seeking asylum; establishing temporary, transitional, and permanent housing for people seeking asylum; and supporting services provided by government and many non-governmental partners. Attached you will find a more comprehensive list of the actions the State of Maine has taken.

Federal constraints – namely the restriction on the ability to more immediately work – forces the State and municipalities to confront this tremendous hardship – a hardship that the State believes is not necessary given the strong desire that people seeking asylum have to work and contribute to society.

Further, with unemployment in Maine at record lows, and with our economic growth among the best in the nation, Maine faces a need for workers across regions, professions, and skill levels, especially in critical sectors such as health care, education, and construction. In fact, Maine is projected to have a total of 750,000 job openings in the decade through 2030. Attracting new workers is a priority for Maine’s economic future, and the State’s 10-year Economic Strategy sets a target of attracting 75,000 new workers, from within and outside of Maine, by 2029.
By allowing asylum seekers to work earlier, the State believes that we can begin to address – and mitigate – the financial and other resource-based issues the State and municipalities face while tackling our workforce shortage and fulfilling the dream of asylum seekers to stand on their own and contribute to our society.

This approach is consistent with the goal of the Asylum Seeker Work Authorization Act of 2023, legislation sponsored by U.S. Senators Collins and King and Representative Pingree, which would enable asylum seekers to receive work authorization on a faster timetable. The U.S. Chamber of Congress recently endorsed this bill.

Therefore, the State of Maine respectfully requests that the Biden Administration consider identifying laws and/or utilizing Executive action that will allow asylum seekers to work sooner than 180 days. Through that process, the State of Maine hopes that DHS and USCIS can consider approval of this waiver request to provide a tremendous boost to Maine’s workforce and economy now and into the future.
In the meantime, the State will continue to evaluate what options it may take to integrate people seeking asylum into our communities and our workforce given existing Federal constraints. The Governor’s Office of Policy Innovation and the Future – in response to an Executive Order issued by Governor Mills in August 2023 – is developing a plan to create the Office of New Americans in Maine State Government to undertake better and long-term planning to integrate the arrival of new Americans into Maine.

Thank you for your consideration of this request.

Respectfully,

Laura A. Fortman

Commissioner of Labor

State of Maine

The response from the U.S. Department of Homeland Security, received on January 30, 2024:

• Federal DHS reply letter (PDF)

LearningExpress has resources for New Mainers looking to get a Green Card or U.S. Citizenship. Tutorials, question sets, and more help you navigate the processes. Free online to Maine residents anytime, anywhere. https://library.digitalmaine.org

A laid off worker is someone who has been separated from their job due to no fault of their own. If you have been laid off, check out the link for resources, available in different languages: https://www.mainecareercenter.com/laidoffinfo/

On Aug. 3, 2023, Governor Janet Mills signed an Executive Order directing her Administration to develop a plan to establish an Office of New Americans in Maine State government.

The Executive Order directs GOPIF to work with stakeholders – including other State agencies, municipalities, schools and colleges, employers, community-based organizations, and the immigrant, refugee, and asylum-seeking communities – to create a plan for the establishment of the new office to be delivered to the Governor by January 19, 2024.

More information: https://www.maine.gov/future/ona

The Maine Association for the Education of Young Children (MaineAEYC) has childcare resources and information on their website: https://maineaeyc.org/for-families