Unemployment Benefits for Green Card Holders and Other Immigrant Workers

The US economy’s cooling due to rising interest rates and monetary policies is expected to increase unemployment rates. The foreign-born population’s unemployment rate declined from 5.6% to 3.4% from 2021-2022, slightly better than natives. Immigrants should be aware of the complicated unemployment insurance rules and the benefits available for green card holders and other immigrants.

Unemployment Insurance Explained

Unemployment insurance (UI) pays wages to unemployed workers who have been laid off or fired. The amount received depends on the wages earned during a base period, typically covering 12-18 months of employment. UI is not a welfare program but insurance paid by the employee and employer during the base period. Eligibility for UI benefits is based on earned wages.

Unemployment Insurance Eligibility for Immigrants

Applicants must meet all of the following requirements.

• Be unemployed “through no fault of your own”

If you were laid off due to a company’s downsizing or “workforce reduction,” you meet this requirement. If you quit a job, this generally will disqualify you from UI.

• Have enough wages earned or hours worked in your “base period” to establish a claim

You almost certainly meet this requirement if you worked full-time over the last 18 months. Each state has a different base period. Your benefit is likely reduced if you did not work full-time or did not work the entire base period.

• Be “able and available” to work

If you were authorized to work in the United States, you generally meet this requirement. Anyone with a valid green card or work permit is authorized.

What You’ll Need to Make a UI Claim

Permanent Residents 

Permanent residents require a valid green card with an alien registration number and card number. If lost, file Form I-90 to replace it, and USCIS will provide a receipt within 2-4 weeks.

Lawfully Present with Employment Authorization

Lawfully present individuals with employment authorization, including adjustment status applicants, DACA recipients, TPS recipients, asylees, and refugees, must have a valid, unexpired card before applying for unemployment benefits. If lost, file Form I-765 for employment authorization. USCIS will respond within 2-4 weeks with a receipt number.

Nonimmigrant Employment Visa Holders

Nonimmigrant visa holders with employment visas, including H-1B, E-2, L-1, O-1, and TN, require an unexpired passport, I-94, and visa details.

Benefits and Public Charges

Trump’s administration made changes to the public charge rule, causing immigrants to be scared to apply for benefits. Biden’s administration reversed these changes, allowing USCIS to consider unemployment benefits as an “earned benefit” and avoiding public charge consequences for green card applicants and permanent residents.