If my husband who has a green card got laid off--can he collect unemployment?

[girlafraid7 0]

Hi there,

My husband has lived here just over a year as a permanent resident with a green card. He's been working for a startup for the past 7 months and just today it closed their doors. Well, my brother is saying that at least he can collect umemployment. I thought that when I declared that I was financially repsonsible for my husband for 10 years, I waived his rights to that??? My brother insists that by law, every company has to have umemployment insurance. Anyone know about this?

Thanks!

[Chica Yeyé 41]

Any type of federal aid he receives will be your responsibility to payback, if I understand the rules of sponsorship properly.

[rebeccajo 14]

Yes, he can draw unemployment.

It's a form of insurance, not a means-tested benefit.

Whether or not he has worked long enough to be entitled to any benefits is another matter. He may not have contributed long enough to be eligible.

[raphael7546 0]

For alien workers who have already secured LPR status, the impact of being laid off is not much different from that of a US worker. The alien green card holder would continue to be in lawful permanent residency status while he or she looks for new employment. Many immigrants who have recently obtained their green card status may be rightfully concerned about leaving their positions too quickly after getting permanent residency. The USCIS will sometimes accuse an individual of not having appropriate intentions when they got permanent residency. However, an involuntary termination of employment will not trigger that type of problem. Also, depending on the applicable state law, the alien LPR might be eligible for unemployment compensation because he or she is lawfully present in the US and is available and authorized to accept employment.

source: LPRs and employment

Unemployment insurance is not a means-tested benefit. Usually, a

sponsor (such as yourself) would have to agree to pay back any

means-tested benefits such as welfare that may be given to an

applicant. But unemployment does not qualify.

source: Unemployment is not a means tested benefit

[athena_ny 1]

For alien workers who have already secured LPR status, the impact of being laid off is not much different from that of a US worker. The alien green card holder would continue to be in lawful permanent residency status while he or she looks for new employment. Many immigrants who have recently obtained their green card status may be rightfully concerned about leaving their positions too quickly after getting permanent residency. The USCIS will sometimes accuse an individual of not having appropriate intentions when they got permanent residency. However, an involuntary termination of employment will not trigger that type of problem. Also, depending on the applicable state law, the alien LPR might be eligible for unemployment compensation because he or she is lawfully present in the US and is available and authorized to accept employment.

source: LPRs and employment

Unemployment insurance is not a means-tested benefit. Usually, a

sponsor (such as yourself) would have to agree to pay back any

means-tested benefits such as welfare that may be given to an

applicant. But unemployment does not qualify.

source: Unemployment is not a means tested benefit

Many immigrants who have recently obtained their green card status may be rightfully concerned about leaving their positions too quickly after getting permanent residency. The USCIS will sometimes accuse an individual of not having appropriate intentions when they got permanent residency.

That part does not apply to someone who got their green card through marriage.

[raphael7546 0]

For alien workers who have already secured LPR status, the impact of being laid off is not much different from that of a US worker. The alien green card holder would continue to be in lawful permanent residency status while he or she looks for new employment. Many immigrants who have recently obtained their green card status may be rightfully concerned about leaving their positions too quickly after getting permanent residency. The USCIS will sometimes accuse an individual of not having appropriate intentions when they got permanent residency. However, an involuntary termination of employment will not trigger that type of problem. Also, depending on the applicable state law, the alien LPR might be eligible for unemployment compensation because he or she is lawfully present in the US and is available and authorized to accept employment.

source: LPRs and employment

Unemployment insurance is not a means-tested benefit. Usually, a

sponsor (such as yourself) would have to agree to pay back any

means-tested benefits such as welfare that may be given to an

applicant. But unemployment does not qualify.

source: Unemployment is not a means tested benefit

Many immigrants who have recently obtained their green card status may be rightfully concerned about leaving their positions too quickly after getting permanent residency. The USCIS will sometimes accuse an individual of not having appropriate intentions when they got permanent residency.

That part does not apply to someone who got their green card through marriage.

Unemployment insurance is not a means-tested benefit. Usually, a

sponsor (such as yourself) would have to agree to pay back any

means-tested benefits such as welfare that may be given to an

applicant. But unemployment does not qualify.

This does!

[MrsCat 6]

As rebeccajo said - this employment insurance is just that insurance. Your employer pays into this insurance so that you have coverage if you lose your job. No worrying about paying this one back to uncle sam.

[maya62 7]

My husband worked for a surveying company here in VA for nearly 2 years starting soon after his arrival (we went through JFK and he got temp EAD), and with a 3 month break in between when the temp EAD expired and we got the 1 year EAD. Last August that company's business fell off dramatically (tied to real estate and construction, both of which were/are tanking), and my husband was laid off.

One of the criteria for qualifying was as someone already mentioned... had he worked long enough? He had.

Another thing I might mention is that it is my impression that this program is administered at the state level, so I suppose there may be variations between states as to how it is handled and what the details are. I'd find and read your state's employment office website.

Best of luck with this and in the job search...

Maya

[Sassy1natl 0]

Hi there,

My husband has lived here just over a year as a permanent resident with a green card. He's been working for a startup for the past 7 months and just today it closed their doors. Well, my brother is saying that at least he can collect umemployment. I thought that when I declared that I was financially repsonsible for my husband for 10 years, I waived his rights to that??? My brother insists that by law, every company has to have umemployment insurance. Anyone know about this?

Thanks!

As long as he is legally employed and has the proper documentation, he is entitled to Unemployment Compensation. This does not have to be paid back.