Unemployment Question for LPR

[saj102965 1]

Hello,

My husband is the LPR and there is a good possiblity he may be laid off - If he is laid off does he qualify to file for unemployment? I understand that unemployment is not a means tested benefit because it is handle by each state and not the federal government. Thank you.

[aleful 1,905]

Hello,

My husband is the LPR and there is a good possiblity he may be laid off - If he is laid off does he qualify to file for unemployment? I understand that unemployment is not a means tested benefit because it is handle by each state and not the federal government. Thank you.

yes, he can file for it, he worked for it. the employer takes it out of his paycheck.

[upstategal 0]

Yes - happened to my husband the end of 2005.

[damulag 26]

yes, he can file for it, he worked for it. the employer takes it out of his paycheck.

Nothing comes out of your check for unemployment insurance, your employer pays for it.

[NigeriaorBust 4,087]

Some companies don't have to pay so the employees can't collect. So does your company pay ?

[saj102965 1]

Thanks for all the inforamtion I appreciate it. As far as I know it is the law that all company's have to pay unemployment insurance on behalf of their employees and as far as I know my husband's company does. So then from what I gather from your postings he should be able to file. All he can do is file and see what determination is made - right.

[JimVaPhuong 4,863]

Thanks for all the inforamtion I appreciate it. As far as I know it is the law that all company's have to pay unemployment insurance on behalf of their employees and as far as I know my husband's company does. So then from what I gather from your postings he should be able to file. All he can do is file and see what determination is made - right.

It depends on the laws of the state, but in all states there are some employers who qualify for an exemption, or have employees who are exempt. In many states, part-time and temporary workers do not qualify. Employees who lost their job before completing a state mandated "base period" also do not qualify. However, if you know his employer paid for unemployment insurance then your husband is probably eligible to claim those benefits.

BTW, the fact that unemployment is handled by the state isn't what determines whether it's a means tested benefit. There are benefits which are managed by the state and which are considered means tested benefits. The general rule is that the primary qualifying factors are income and assets of the applicant (their "means of support"), and that the benefit is funded primarily by general tax revenues. Generally, the only "means" requirement for unemployment benefits is that the applicant is not employed. They don't usually consider assets or income from sources like investments or interest bearing accounts. The benefits are funded by employer payroll taxes, and not general tax revenues.

[NigeriaorBust 4,087]

Also people that quit/get fired for cause are not allowed to collect usually.

[JimVaPhuong 4,863]

Also people that quit/get fired for cause are not allowed to collect usually.

Good point.

[saj102965 1]

Good point.

He got laid off from this job, however, the other 2 jobs he had that he is using to qualify for the calendar periods he quit to start better jobs, so would that exclude him from filing. Also since he is an LPR with a 2 year conditional green card would he file as a US Citizen or Alien? Thank you.

[Deputy Purple 1,294]

He got laid off from this job, however, the other 2 jobs he had that he is using to qualify for the calendar periods he quit to start better jobs, so would that exclude him from filing. Also since he is an LPR with a 2 year conditional green card would he file as a US Citizen or Alien? Thank you.

Quiting previous jobs doesn't have a bearing on his current situation, it's all about how he seperated from his most recent job.

Regarding your second question, he should never file anything as a US Citizen until he is naturalized. Doing so would put is Residency status in jeopardy as False Claim to US Citizenship is one of (if one the) most severe infractions in USCIS's eyes. He is a Legal Resident Alien and that's how he should file.

[saj102965 1]

Quiting previous jobs doesn't have a bearing on his current situation, it's all about how he seperated from his most recent job.

Regarding your second question, he should never file anything as a US Citizen until he is naturalized. Doing so would put is Residency status in jeopardy as False Claim to US Citizenship is one of (if one the) most severe infractions in USCIS's eyes. He is a Legal Resident Alien and that's how he should file.

Thank you for the information. It is helpful and greatly appreciated.