We examine if immigrant workers affected by COVID-19 can apply for unemployment insurance and if there are negative immigration consequences.
Can Immigrant Employees Affected By COVID-19 Apply For Unemployment Insurance?
The Unemployment Insurance (UI) program pays benefits to workers who have lost their jobs and meet the program’s eligibility requirements. Qualified immigrant workers who have been laid off, quarantined or had their work hours reduced through no fault of their own because of the Coronavirus or COVID-19 pandemic can contact their state’s unemployment insurance department to file a claim. In some instances, people who need to stay at home to care for their children during school closures during the Coronavirus pandemic can also file for unemployment benefits.
In California such claims are filed with the Employment Development Department.
What Do I Need To Apply For Unemployment Insurance Benefit?
Immigrant employees who may apply for unemployment insurance benefits include legal or conditional permanent residents, asylees, refugees and non-citizens with a valid employment authorization.
To apply, the non-citizen worker may also need to prove that they were and currently are in satisfactory immigration status, and that they were authorized to work in the United States for each week that they claim benefits.
According to the California Department of Employment Development (EDD), eligible workers can receive benefits for up to 26 weeks.
Non-citizens with temporary work visas such as H-1b, O, P, L, R and E visas should always speak to their immigration attorney for legal advice before they file any type of claim.
Can I Apply For Disability or Paid Family Leave Benefits Too?
Disability insurance provides short-term assistance which can cover 60 to 70 percent of a person’s salary. In certain cases, non-citizens who are unable to work because they were sick or exposed to the Coronavirus may qualify for disability insurance and they will need to provide medical documentation to support their claim that they became ill with coronavirus or have symptoms.
Affected non-citizen workers should also investigate if they qualify for any Paid Family Leave Benefits. This includes employees who are unable to work because they are ill or caring for sick family members. Both disability and paid family leave benefits have different legal and immigration eligibility requirements, and can be useful for supplementing lost income.
Can Filing An Unemployment Claim Affect My Immigration Status?
As a general rule, unemployment Insurance benefits are “earned” because of work performed by an employee and should not have a negative impact on an eligible immigrant’s legal status, or prevent them from filing for a green card or U.S. citizenship. Also, filing for unemployment insurance should not cause an immigrant to be inadmissible on public charge grounds as this is not included in the revised public charge rules of year 2020. Finally, I encourage non-citizens with questions about the effect of filing such a claim on their immigration status to speak to their immigration attorney about their particular situation.
