Claiming Unemployment as an Immigrant

[CarolynSian 5]

Facing the reality here in WA that I might have to claim unemployment if I’m laid off due to COVID-19. I’ve had a greencard since November 2019, I’m wondering if it will look bad to USCIS if I claim unemployment? Don’t want to appear as a financial burden to the USA when the time comes to remove the conditions on my greencard.

[geowrian 22,337]

No issue. Unemployment is an insurance program that you pay into. It has no public charge implication whatsoever.

[MrsH23 37]

What about with a EAD? My boss told me to collect but I’m not sure I can with ead..And if I can how will this look on uscis. we are closed for 2 weeks at least.. 

[geowrian 22,337]

Your basis for legal work doesn’t matter. If you pay into it, you can use it. It’s just like if you use medics or dental insurance.

 

The lack of employment can be a factor for AOS purposes, but if you have a suitable sponsor then you’re still fine.

[CarolynSian 5]

My husband has the same employer, as my sponsor will it look bad for him to claim too?

[geowrian 22,337]

2 hours ago, CarolynSian said:

My husband has the same employer, as my sponsor will it look bad for him to claim too?

I don’t see why off-hand. Obviously if you both became unemployed, then sponsorship becomes a question unless you have sufficient assets or a joint sponsor. But if he remains employed then I don’t think it will be an issue.

[cd37 229]

17 hours ago, geowrian said:

No issue. Unemployment is an insurance program that you pay into. It has no public charge implication whatsoever.

I thought you can only claim unemployment if you are a US citizen ? 

[geowrian 22,337]

11 minutes ago, cd37 said:

I thought you can only claim unemployment if you are a US citizen ? 

Nope. No such requirement exists. Even non-LPRs can qualify, assuming they still had valid work authorization (in order to satisfy the "able and willing to work" requirement).

[Orangesapples 1,954]

17 hours ago, geowrian said:

No issue. Unemployment is an insurance program that you pay into. It has no public charge implication whatsoever.

I don't know about WA but in California employees don't even pay for it, the employer does. And then the state increases their rates when someone qualifies for unemployment. 

 

OP, don't worry, you can get unemployment. Unemployment is only for people who are lose their jobs through no fault of their own and the employers who laid them off pay for it. You're not going to get in trouble. Go ahead and get your money. 

[Orangesapples 1,954]

42 minutes ago, cd37 said:

I thought you can only claim unemployment if you are a US citizen ? 

No, you can claim unemployment as long as you're able and willing to start work. So you need to have a document that makes you eligible for work in the US but it doesn't matter what type it is. 

[geowrian 22,337]

4 minutes ago, Orangesapples said:

I don't know about WA but in California employees don't even pay for it, the employer does. And then the state increases their rates when someone qualifies for unemployment. 

 

OP, don't worry, you can get unemployment. Unemployment is only for people who are lose their jobs through no fault of their own and the employers who laid them off pay for it. You're not going to get in trouble. Go ahead and get your money. 

Well, the employee pays into it either directly via withholdings or via such costs being built into their wage. But I get the point. 👍

[UKUSA 17]

Hi Guys,

 

Are you SURE this is the case? I'm sure this is on the minds of every non-citizen in America right now given that a lot of people are probably about to lose their jobs. 

 

On the public charge declaration form I noted this...

 

Have you EVER received, or are currently certified to receive in the future any of the following public benefits? (select all that 
apply).

 

1. Any Federal, State, local or tribal cash assistance for income maintenance

 

Is cash assistance for income maintenance different from unemployment assistance? 

 

 

 

 

 

 

 

 

 

 

[cd37 229]

6 hours ago, geowrian said:

Nope. No such requirement exists. Even non-LPRs can qualify, assuming they still had valid work authorization (in order to satisfy the "able and willing to work" requirement).

If you are on certain work visa, you cant even live in US, forget about claiming unemplyment. Still not sure abt LPRs.

[geowrian 22,337]

4 hours ago, UKUSA said:

Have you EVER received, or are currently certified to receive in the future any of the following public benefits? (select all that 

apply).

 

1. Any Federal, State, local or tribal cash assistance for income maintenance

 

Is cash assistance for income maintenance different from unemployment assistance?

Yes. As noted, it is treated like an insurance policy, not a public benefit.

It also is not income maintenance nor means-tested. Even somebody who earns $1 mil/year can qualify for unemployment (although likely an insignificant amount)...eligibility (note: not the benefit amount) is not based on your income level.

 

As always check with your local state's UC program.

 

1 hour ago, cd37 said:

If you are on certain work visa, you cant even live in US, forget about claiming unemplyment. Still not sure abt LPRs.

Right. Most work visas are tied to a specific employer, so being unemployed would mean you have no legal means to work, and therefore won't qualify for UC.

Some other visas are not tied to a specific employer. There's also TPS recipients, asylum seekers , DACA holders with an EAD (I believe this is limited by the state's program), derivative beneficiaries who qualify for an EAD (like spouse of some H visa holders). and various other individuals with statuses where they can legally work who would generally qualify. As always, check with local laws to verify.

 

LPRs are fine in every state. It's the more fringe cases where it becomes less clear (like uncommon status holders, if it's a federal UC period or the normal state one, etc.).

https://www.nelp.org/wp-content/uploads/Immigrants-Eligibility-for-Unemployment-Compensation.pdf

(Edit: I am aware of the date of the above document, but it fundamentally is unchanged. I just like the easy to read chart.)

Edited March 17, 2020 by geowrian

[Stark44 2]

19 hours ago, geowrian said:

Yes

I was reading the news today that there may be immediate cash payments to Americans as part of a potential coronavirus stimulus package to help boost the economy. 

 

If this is approved and goes ahead I wonder if this will be for permanent residents too and if so would this affect the concern that the other user expressed?

Edited March 18, 2020 by Stark44