Awaiting initial Green Card, Can my Husband apply for unemployment?

[Jamie Lee 1]

I'm just wondering if anyone knows what the requirements for unemployment are for someone in the AOS process and waiting for the Green Card interview?

My husband entered on the K1 and has a work permit, but no job yet. So he has been looking and has had an interview, but no biters yet. Does anyone know if he can claim unemployment?

[canadian_wife 1,822]

I'm not sure about unemployment, but your husband does not qualify for many forms of government assistance because of his immigrant status. You filled an affidavidt of support for this reason - to show that you can support him so he will not become a public charge. Have a look at what is classified as a 'public charge'.

http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD

Good luck.

[milimelo 4,479]

I'm just wondering if anyone knows what the requirements for unemployment are for someone in the AOS process and waiting for the Green Card interview?

My husband entered on the K1 and has a work permit, but no job yet. So he has been looking and has had an interview, but no biters yet. Does anyone know if he can claim unemployment?

If he hasn't worked in the US he hasn't contributed to unemployment insurance (you and your employer pay %) so he can't collect unemployment.

[JimVaPhuong 4,863]

I'm just wondering if anyone knows what the requirements for unemployment are for someone in the AOS process and waiting for the Green Card interview?

My husband entered on the K1 and has a work permit, but no job yet. So he has been looking and has had an interview, but no biters yet. Does anyone know if he can claim unemployment?

If he hasn't worked in the US he hasn't contributed to unemployment insurance (you and your employer pay %) so he can't collect unemployment.

Agreed. Unemployment is insurance. How much you can collect is dependent on how much you paid in. Even a US citizen who hasn't worked cannot collect unemployment, and if they worked only for a short time or earned very little then the duration and amount of their benefits would be reduced. In every state that I'm aware of, a further stipulation is that your previous employment must have been terminated "without fault", meaning you were laid off or the company went out of business, etc. If you quit or got fired then you're not eligible.

[justashooter 430]

the rules are different from state to state, but paying into the system in the form of a tax (usually 1.5% or thereabouts each for the employee and employer) for a specified period of time is required for eligeability. so unemployment is not "insurance". it's a tax benefit.

the benefit amount is usually 50% of the average salary earned during the highest of the last 5 quarters (3 month periods), with a maximum cap at around $500 a week for people who earned 13,000 or more in any of the last 5 quarters. most states will pay benefits for up to 80 weeks during this recession. in normal times the benefit is limited to 26 weeks. the purpose of the benefit is to bridge the gap in wage between the last job and the next, for people who are separated from employment due to circumstances beyond their control.

[JimVaPhuong 4,863]

the rules are different from state to state, but paying into the system in the form of a tax (usually 1.5% or thereabouts each for the employee and employer) for a specified period of time is required for eligeability. so unemployment is not "insurance". it's a tax benefit.

There are quite a few states where the benefit is referred to as "unemployment insurance", including my own state of California.

[Anh map 2,098]

And only the employer pays the payroll tax, not the employee.

[JimVaPhuong 4,863]

And only the employer pays the payroll tax, not the employee.

In many states, it isn't even called a "tax" - it's called a "premium". The federal government, which provides some of the funds to the states for periods of long unemployment, calls it a "tax" under the Federal Unemployment Tax Act. The federal government also refers to the programs in every state as "Unemployment Insurance and Job Service programs".

[thepizzadude 26]

And only the employer pays the payroll tax, not the employee.

Exactly