Unemployment Benefits for Nonimmigrants
If you are currently in the United States on a work visa, and lost your job, due to the Coronavirus outbreak or otherwise, there are some cases when you could collect unemployment benefits. However, this depends on whether you have some separate right to remain in the United States and are able to work for a different employer than the one that laid you off. Every state has their own requirements that must be met in order to collect unemployment; however, most states require that a person must:
- Show that they were in satisfactory immigration status and authorized to work in the United States when earning the wages, they used to establish their claim; and
- Provide proof that they are currently in satisfactory immigration status and are authorized to work each week that you claim benefits.
The second criteria is the one that hinders many nonimmigrant workers from qualifying since they only are authorized to work for the company that laid them off, therefore, would not be authorized to work for each week they claim benefits.
For example, if you are on an E-3 or an H-1b, and you are laid off, you would not qualify for unemployment because you are no longer authorized to work for another employer. However, if you are on a general work authorization card, due to being a spouse of someone on a nonimmigrant work visa (e.g. E-2, E-3, L-2, etc.), then you would qualify since you are able to work for any employer at any time, so long as the primary holder of the visa continues to remain in status and employed. Also, if you are applying for adjustment of status, and hold a work authorization card, you too could likely qualify since you are also able to work for any employer during the period you can collect unemployment benefits.
Before you make any decisions on applying for any public benefit be aware that for some, but not all non-citizens who wish to apply for some future visa or status in the U.S., in particular for lawful permanent residence, the hurdles to be cleared include proving that one is not inadmissible as a likely “public charge.” You have the burden of showing that your finances are not in a precarious condition that you might end up receiving welfare or government assistance in the future.
Fortunately, unemployment insurance is not among the government’s list of benefit types that make someone a likely potential public charge. However, if you end requesting assistance other than unemployment insurance coverage it may cause a bar to adjustment under the public charge rules.
Be aware that each state has their own criteria required to be met in order to collect unemployment benefits. Visit their websites and/or contact them directly to verify their specific requirements to determine if you would qualify.
What is it for a “E visa” holder (not spouse) who is furlough as the company is not an essential business and had to close. Can they collect unemployment?
A principal E visa holder is only authorized to work for the company that sponsored them for the visa. Therefore, likely will not qualify because you are not able to work for any other company if opportunity arose while you are accepting unemployment. Also, be very careful if you are the owner/investor because if you are then you could lose the entire investment visa.
Thank you this is so helpful!
You are very welcome! Stay safe!
I am on L2 and my ead is expired.i have worked with companies before on same ead.now my ead is in renew process from last 5 months.i am taking edd benefits and on each claim clearly mentioned about ead expiry details and ead renewal state.now i got notice from edd to submit all uscis docs else i would ne disqalify and need to repay whole amount.
I am confused now and not sure whether i am really eligible for edd benefits.
My ead renewal is taking huge time in this year.please let me know.
What about E-2 treaty investors? I am currently on the E2 treaty investor visa, but on company paper i am also an employee getting monthly paychecks. I own the company 100%. I’m in California, and EDD says E-2 treaty investors are eligible, and USCIS announced that they will not consider unemployment insurance as the public charge rule. The business is currently not operating due to stay home order but it is still being “maintained” in a sense that monthly rents and utilities bills are being paid. Will it be okay to receive the UI for one month as the business isn’t permanently closed and will be open immediately as soon as the stay home order is done?
You are correct that unemployment benefits will not fall under the Public Benefits Rule and harm future applications. However as to collecting while on an E-2 when you are the investor/employee you need to be careful. If you were tasked to run the business in the United States and now you are not able to work because the business is closed then you are not working for the company you are supposed to be working for and cannot work anywhere else therefore arguably you shouldn’t qualify. Be careful that the EDD is not referring to spouses of E-2s which are also on the same type of visa that have a general work authorization card and can work anywhere because they would definitely qualify for unemployment benefits.
What about an O-1 Visa with an agent sponsor? Working as a freelancer and losing out as one’s particular industry is shut down?
This is a difficult issue and really depends on your particular petition and what work you provided to USCIS that you were going to be working on while here on the O-1. If you were working on multiple projects that were temporarily shut down then it is a possibility, but remember you would need to qualify under the exceptions for independent contractors since you cannot qualify as a employee.
I am also on an O-1B artist visa, with an agent sponsor, working as a freelance musician. From what I understand, we have a 60 day grace period to find new work. I am technically not tied down to 1 employer and remote work within my field is a possibility. Can we claim Unemployment for 60 days or less then? Also, can I please ask you to clarify your last comment, where you say “…but remember you would need to qualify under the exceptions for independent contractors since you cannot qualify as a employee.” When you say “you must quality”, are you referring to guidelines for unemployment? Thank you for you time and help!
With O-1Bs it is very case specific and I would have to really look at your particular petition and who your sponsor is. If you are here on an O-1B and you were petitioned by an agent or a representative so you can work for many different employers than it might be difficult to qualify since you can work for anyone in your area so even if you are not working currently you are arguably still in status and able to work at any time for any other employer in the area that you are found to be extraordinary. Therefore, the 60 days doesn’t necessarily apply to your situation. Now with regard to unemployment that is something you would have to check with the local unemployment office, but again you can work for anyone in that area with the visa you arguably have (again would have to look at your specific petition to be able to tell 100%).
What about furloughing employees on: L1/ F1A/ E2/ H1B/ TN? None are entitled to PUA? And they may have to leave after 60/90 days?
Yes unfortunately.
Hi, great article! Is there an obligation for E-3 visa holders to be able to financially support the E-3D spouse? I seem to recall this from somewhere. I am the spouse of an E-3 Visa and lost my job due to Covid-19 – I have submitted a claim for unemployment but am now worried! Thank you
No there is no obligation per se for an E-3 to be able to support and E-3D.
Hi, I have been in states since 2013 I had fiancée k-1 visa, but already have green card that expires in 2026. But my green card still has the last name from previous marriage and I remarried in 2019 and all the Alabama ssn, driver license are issued under new last name. I sent them copies of divorce and marriage certificates. I currently still waiting for my immigration status to be verified even though my separation status already cleared with unemployment department. Can I have any issue with my immigration status and being denied to collect UI? Thank you!
Thank you for your comment. Your case is extremely case specific and would need more looking into. You should try to make sure to update your current legal name with all agencies to make sure that everything is consistent.
Thank you for your response. I’d have to apply for new green card which can take up to 6 month. I don’t see any other option.
You can file a form to change the name on your green card or when you file for naturalization you can change it then.
Hi, another O-1 here! I work as a freelance artist (O-1 petitioned by an agent), but due to COVID-19, I have a massive drop in commissions and clients. If I apply for unemployment benefits as a O-1 visa holder, will it impact my future O-1 visa extensions? I’m afraid that if I decide to apply for the O-1 visa extension in the future, the Consular Officer could perhaps take the fact that one received unemployment benefits into account in his/her totality of the circumstances analysis.
Also, I’ve read that O-1 visa holders have a 60-day grace period, during which we can seek unemployment benefits and search for new work – will it still raise issues about my future visa extension if I use some time of this period to collect UI benefits?
Thank you very much in advance, your advice is greatly appreciated!
Unemployment benefits if you qualify do not count against you under the public benefit rule but any other type of benefit might affect you so be sure you know what benefit you are taking (UI is an earned benefit given to those who have been paying into the system through payroll tax withholdings). Be careful and please read other responses above or below that might further answer your questions.
Thanks for this info. I am struggling to find concrete answers to my situation. I am on an O2 visa, supporting an O1 visa holder musician. His tours have been cancelled therefore I am out of work temporarily until the dates are rescheduled etc. I am allowed to stay in the US as it is a 3 year visa. I live here and have been present here long enough to pass substantial presence test I believe! I have filed 2016-2019 US taxes. Can I claim the PUA as I am ineligible for UI as I cannot work for anyone else? Will it affect future visa applications/renewals or green card applications?
As stated in other responses you have to be very careful claiming you are unemployed while on a visa in the US for two reasons. If you are not working and have no work here in theory you are supposed to leave and go back to your home country (brutal but true and what immigration argues) and also when you take any other benefit besides UI you could have it come back and hurt you on future applications because of the public benefit rule. It is such a grey area and is really a case by case situation, but like I always say I would make decisions based on your long term goals and not just on short term need (realize easier said than done).
I appreciate you taking the time to answer my questions. Thank you Andrea.
You are very welcome!
Hey Andrew!
Still trying to work out my case.
I’m in the states on an E2 investor visa. My business is myself as a cinematographer. While I can only work my my LLC, my LLC can work for any employer / production company in film / tv. I own my company 100% and it is just myself.
I applied for PUA since I haven’t been furloughed, there’s just no work in the film industry right now. EDD accepted my application however I’m slightly confused and anxious over the “able and available” question.
While California has temporarily removed the criteria to look for work, you still need to be available for work. I took that as a yes. I work for my business and my business (only me) is available to any production company / film employer.
I also have EDD my visa status when I applied and it’s all been approved.
Any ideas if I’m actually ok?
You like so many are in a hard position because of being on an E-2. Be very careful as an E-2 business owner collecting unemployment because you are here to run the business and were qualified to get the E-2 because of this so if you are now unemployed that means you are not running the business anymore so really the business is closed and you will lose the E-2. Also, just a side note…you might want to talk to the attorney that did your E-2 about having an E-2 with only you employed. Not a good idea and is not really the type of business that should be on an E-2. Please be careful.
Thanks for this.
I applied for PUA Un employment, this is available for people small business owners, self employed and indie contractors. Its also available for people who have just have their hours reduced or are now partially employed due to COVID.
Because of this am I able to argue that my business is still running, its simply standing still with no hours as the pandemic is occuring. I haven’t furloughed myself or closed the business. Simply applied for PUA as the pandemic as severely affected my ability to work.
Thoughts on this?
Thanks
You would need to discuss with your local unemployment office because every state is different and has different requirements.
Hey ,what if your an 01 visa holder and just work is off due the pandemic at the moment. I have an issue filling out the claim as they ask for the foreign alien citizen number and i dont have it.
Any suggestions ?
Unfortunately you will not have an A number because you are not a resident or citizen of the US. If they require this it will be difficult to collect.
I’m also on a O1 visa and when I first signed up I think I put “foreign passport with I-94” or something like that. It seemed the most appropriate option since there’s no option for O1 visas. I’ve done it twice now, the first time at the beginning of April and the second time right after April 28th when they introduced the PUA.
When I login on my EDD account nothing shows up, not even in the claim history.
I just don’t know if I did something wrong or it’s still being processed.
Any help is much appreciated.
Thank you.
That is a question for the EDD. I wish I could help with this but this is a something you have to discuss with the EDD. So sorry you are having to deal with this there are so many in the same situation.
Hi Andrew,
Firstly, I’m on an E-2 visa (100% owner of the “S corp” company & also give myself a monthly Paycheck). My store is temporarily closed due to Covid-19 and would reopen whenever the Minnesota Governor says so.
I checked my states website but it does not state any specific conditions for non-immigrant workers or for my Investor visa.
From what i have been reading, I would be ineligible to apply for any Unemployment Insurance, even if it for a short period of time, is that correct ?
Second, my wife has a Work Authorization card, but her card expired last year in Sept & we reapplied but it has been 8 months and it’s still in processing and taking time due to the new fingerprinting law. Is she eligible to apply for Unemployment benefits at this point ?
You need to be careful with regard to taking unemployment when you are the one running your company. If company is closed then could put E-2 in jeapardy since that is what you are here to be working under on the E-2. Your wife could qualify if she is work authorized. Need to check with local office to make sure they will take a timely filed extension of work authorization as evidence she is able to work.
Thank you Ms. Andrea for taking the time to answer my questions. I really appreciate it.
You are very welcome!
I am on an E3 visa in the USA and to save money the school district is furloughing teachers for 1 day a week for 5 weeks. For each day they are claiming unemployment for us from the state plus accessing money from the federal cares act due to the covid-19 pandemic. Can I do this as I will still be employed by my school district and this is only temporary furlough for 5 days? Will this break my E3 status?
You need to be very careful to stay in status under the terms of your E-3 and LCA requirements. So long as you are within these parameters you are fine. The school really need to do this and make sure they do not violate the LCA that they signed.
What are other option if you don’t have work authorization on the full base wage year and when you applied for unemployment benefits is you already have a green card few months before the covid19 happened? It is not my own fault my i dont have a job now. It is because of the covid19 and governor order.
I am so sorry you are going through this and there are so many like you. Unfortunately I don’t have the answer to this question that is on all our minds.
Hi, I have one simple question. I am working on Alaska on H2B visa. however, now is downtime season and we don’t have hours. Am I eligible for Unemployment benefits? I still have my job, and I will have hours since June 15th, but until then can I apply for Unemployment benefits?
Thank you
Im an O1 Visa holder living in NYC, I’m on my 3rd O1 since 2013. I recently enrolled in Medicaid via NY State of Health/Empire Blue Cross essentials plan on May 1st, only due to the impact of Covid-19 on my income due to quarantine.
I was advised by a representative at NY State of Health that I was eligible and fine to enroll and accept this for 2020 as eligibility is based on income Jan – March 2020 which was directly impacted by Covid-19.
I have only used it once to get an antibody test and now only been enrolled for 3weeks. Will the fact I enrolled at all negatively impact my Green Card application or O1 Visa renewal in the future if I accept this coverage?
I’ve now been made aware that Medicaid falls under the ‘Public Charge’ category which can restrict future status. If I cancel it now will it be ok and justifiable due to the global pandemic crisis? Has the CARES ACT expanded coverage for this to include O1 visa holders? There was a drop down menu option that you could choose for I-94 / O1 Visa holders when I applied so it appeared to be ok.
I’ve also certified for 6wks only of UI/PUA and I’ve just received a PPP Loan and an EIDL Loan so I won’t be certifying anymore UI benefits as I’m aware that conflicts with the PPP. Are O1 holders ok to receive the PPP/EIDL Loans?
Thank you so much for your advice.
First of all, I want to thank you for replying to everyone here is very helpful. Also, I wanted to ask regarding visa E1. I see that you mentioned E2 & E3 a lot but what about E1 (spouse) do they qualify for unemployment benefits? Thanks again!
You are very welcome and thank you for your comment. Yes, E1 spouse can qualify since they have a general work authorization.
Hi,
At this moment I’m awaiting my L2 visa and EAD, and it can take another 4 months. My last official day at work is end of January, meaning that my E2 visa will not be valid after that. Because I’m awaiting my new visa and work permit, am I eligible for unemployment benefits?
Hi Andrea.
I’m currently on an O1 visa with an agent sponsor, and my partner is on an O2, which is tied in with my visa. Due to the recent issues we’ve both applied for PUA and have received funds. Whilst I understand PUA is not considered public charge, I’m getting mixed messages about future repercussions when applying for an O1/O2 visa renewals/extensions, or a green card, and possibly being denied as a result regardless of what the rules might state. We’ve started to make a pretty solid life here in the US and our plan is to stay, but we don’t want to run foul of immigration and have something like this come to bite us down the line. Do you think we should come off PUA immediately to avoid possible future stress and strain? We’ve been on PUA which was backdated to the end of March.
Thanks in advance!
Be very careful with PUA because it is not the same as UI. PUA is not an earned benefit like UI is. The people that are self employed that are applying under PUA have not paid into the system and therefore have not “earned” the benefit by paying for it. PUA is likely going to be a mark against you with regard to the Public Benefit Rule.
I’m currently on an O-1B artist visa, and applied to unemployment benefits thinking it wouldn’t be a problem. I’ve tried cancelling from the beginning but it seems impossible to get through to them.
What does this mean for my status? Do I need to leave within 60 days of applying?
If you are not working under the terms of your visa that you entered the country with than the safest thing is to return to your home country until you then have work to return to.
Hi!
I’m on a J1 visa when I applied for the unemployment insurance. Then left the USA(California) on my grace period because the restaurant I’m working before shut down due to pandemic. But still, I’ve received unemployment benefits. Am I really qualified for that? Because I received the stimulus check but return it coz I’m not really eligible for that.
What did you do here, im in the same situation right now.
Hello, with a O1 visa using the 60 days grace period, I could apply for unemployment benefits during that time. My question is, once the 60 days grace period is over and you are still under your O1 visa with an extension on the way, can you go over 60 days only applying for PUA? Or you cannot pass 60 days even for the PUA program?
I have two E3 visas for two different companies I work for part-time. One of them let me go due to COVID. Will I be able to collect unemployment? My status is still valid with the other company.
Unfortunately, no if you are not employed anymore you must return to Australia.
Hi, I’m on an E-2 visa (100% owner of “S corp” company but I don’t give myself a monthly Paycheck). I’m also a 1099 for Airbnb since my LLC clients are staying at my work place for workshops. I’m working in my business as usual but cannot host in my Airbnb because of the governor restrictions. Can I ask for unemployment for my 1099?
Hello – Is PUA also excempt from Public charge determination ? I mean PUA comes as an expansion of regular UI and it will NOT be considred for public charge determination. Please clarify. Thanks !
Not really because it is not an earned benefit like UI is. Really wish we had some clarification from USCIS on this.
I have a question I can’t seem to find the answer to anywhere… I Am adjusting my status through my spouse… I also applied for work authorization as well… Recently. I was approved in Feb 2020 I soon Was hired and was set to start as a nanny… But due to the CoV19 my start date was postponed… My question is Am I able to apply for PUA (Pandemic Unemployment Assistance) since I was set to start a job but I was not able to due to the pandemic ?? Also if I am approved will it be considered as a public charge against me since I never worked before??? I really appreciate the help… I am stuck and could really use the help
High likelihood it might since it is not an earned benefit.
Hi Andrea,
Thank you for your help.
I’m O1 holder, working as a freelancer. As for most of us my industry was closed for work during COVID-19. I was living on my savings once it was almost run out. Because I signed the lease in Feb I couldn’t just leave the country so I had to stay in NYC and pay for my rent and etc. Once I realised I won’t have an option to pay my next months for just be here I applied for UI and the system assessments PUA (600$) automatically. In application they asked what was the last day I’ve worked (which was in March) so I got money for the whole period ( 13 weeks ). As NYC was officially reopened on 8th of June (not even my work field yet) I stopped to claim my weekly benefits. Do you think this will effect me in the future for renew O1 or getting a green card? If so, is there any options to cancel it and return money back or anything to smooth the situation? Or would the letter for immigration officer with the explanation help (basically I’ve spent UI+PUA on my rent).
Thank you one more time!
Just wanted to add that 600$ is “Weekly payments for $600 showing “0” under the “Effective Days” column, and Debit Card or Direct Deposit under the “Type” column, are the Federal Pandemic Unemployment Compensation (FPUC) payments.” so probably it’s not a PUA?
Thanks in advance
It is a difficult situation and not 100% sure what USCIS will do, but likely you will have to disclose that you took benefits when you reaapply in the US for another O visa. The issue is always that if you don’t have work and you didn’t pay into the system to get UI than you are suppose to return home and not stay here not working. It is a very difficult situation for many.
Hello,
I am working here in the US on a E1 Visa as a tech specialist. Now my company wants to send me into furlough for 2 weeks / month until the economy picks up again. I was told that I will get unemployment benefits for the time of the furlough (Massachusetts). Can you tell me if I am really eligible to get benefits (since my visa is bound to that one company), and even more important, if I apply for benefits could that endanger my visa status?
Thank you very much
Be very careful if you apply for benefits because you are only allowed to work for your E employer therefore likely you should not qualify.
Hi,
I’m on an O-1b visa with Agent. I did not work in June and now I am very behind in bills. I was considering applying for Unemployment for the month of June. Will this affect the visa? I mean last year I did work at a Theatre for 4 months on a W4 so I was contributing I think? I’m not sure. Maybe since it is 1 month it should be ok? I’m in California. Thanks!
Thank you Andrew for answering so many questions. there are lots of us with difficult immigration issues.
I’m wondering if there have been any recent developments or announcements from USCIS regarding claiming PUA while on an O1 visa?
Also, if you know of more information or insights from O1 visa holders trying to extend their visas and getting denied because of claiming PUA?
its been 8-9 months now since PUA was introduced so there must be many people now trying to extend their visas.
A update of any problems you are hearing of Visa’s being denied would be greatly appreciated.
Thanks you
Sorry Andrea, not Andrew!
Hi there,
I have been in the United States on a TN visa and I was recently laid off. I am currently in the process of marrying my fiancé and will (at some point, depending on circumstances), apply for my green card. In the interest of staying afloat, I am trying to find a job that will sponsor me for another TN visa so I don’t have to wait the requisite 4-6 months to get a spousal visa. My question is, if I make an adjustment of status for my fiancé’s sponsorship of my green card, am I eligible for UI in the time between applying for my spousal work visa and receiving that visa so I can work again? If it helps, I live in California.
Thanks,
Mike
Hi,
At this moment I’m awaiting my L2 visa and EAD, and it can take another 4 months. My last official day at work is end of January, meaning that my E2 visa will not be valid after that. Because I’m awaiting my new visa and work permit, am I eligible for unemployment benefits?
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