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My cousin had the same worry but her immigration lawyer told her to definitely file for unemployment since she earned it. She's been collecting for 4 months now with no immigration issues. Don't let fear keep you from getting benefits you're entitled to!
I completely understand your anxiety about this - it's such a scary situation when you're worried about your immigration status! But everyone here is absolutely right. I went through this exact same worry when I was laid off during my green card process. Unemployment insurance is NOT considered public charge because it's an earned benefit - you literally paid for this insurance through your payroll deductions. The USCIS policy manual specifically excludes unemployment compensation from public charge considerations. I collected UI for about 8 months and it had zero impact on my immigration case. Don't let fear prevent you from accessing benefits you earned and deserve! File your claim with NYS Department of Labor - you paid into this system and you're entitled to these benefits.
Just wanted to add that you should register ASAP because some people have had their claims held up for not completing the work registration requirement on time. Better safe than sorry with NYS Department of Labor - they're pretty strict about following all the rules.
I went through this process a few months ago and want to add that the work registration on jobs.labor.ny.gov also requires you to upload a resume. Make sure your resume is in a common format like PDF or Word doc - I had issues with other formats being rejected. Also, once you're registered, you can actually use job applications through their portal as part of your required 3 weekly job search activities, so it does serve a dual purpose. The key is doing it within that first week like Rachel mentioned - NYS Department of Labor is really strict about the timeline.
@Malik Thomas From my experience, they don t'really review the resume in detail - it s'more about having it on file to show you re'work "ready. As" for the job search activities, you can mix it up! I usually do 1-2 applications through the NYS portal and 1-2 through company websites directly. The important thing is keeping detailed records of each activity - date, company name, position, how you applied, etc. The NYS portal applications are convenient because they automatically generate some of that documentation for you, but applying directly to companies often feels more effective for actually getting responses. Just make sure whatever mix you choose adds up to at least 3 activities per week and you document everything properly!
@Malik Thomas From my experience, they don t'really review your resume in detail - it s'more about having it on file to show you re'work "ready. As" for the job search activities, you can mix it up! I usually did 1-2 applications through their portal and 1-2 through company sites directly. Both count toward your weekly requirement as long as you log them properly with company names, dates, and position titles. The NYS system actually makes it easier to track since applications through jobs.labor.ny.gov get automatically logged, but applying directly to companies often gives you better response rates. Just make sure whatever you do, you keep detailed records for each activity!
Just went through this same thing last month. Left mine blank since my company closed permanently. No issues with my claims. As long as you're honest about your situation you should be fine.
I had a similar situation when I was laid off from my retail job last year. The recall date field confused me too at first. What helped me understand it was thinking of it this way - if your employer gave you a paper or told you verbally "we expect to call you back on [specific date]" then that's your recall date. But if they just said "we're laying you off" or "this is permanent" or even "we might call you back someday but don't know when," then you don't have a recall date. In your case, since your employer laid you off in December without giving you a specific return date, you're safe to leave it blank. The NYS Department of Labor uses this to determine your status and requirements, so it's better to be accurate than to guess.
I had similar confusion when I was on standby status. What really helped was using Claimyr (claimyr.com) to actually get through to a real NYS Department of Labor agent who could explain my specific situation. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Way better than sitting on hold for hours or getting disconnected.
Wait, I thought if you had a recall date you couldn't collect unemployment at all? Now I'm wondering if I missed out on benefits when this happened to me six months ago...
@Dmitry Ivanov You might want to look into that! Having a recall date doesn t'disqualify you from unemployment benefits - it just puts you on standby status like others have explained. If your employer gave you a recall date but you were still temporarily laid off, you probably were eligible for benefits during that time. You might be able to file a backdated claim, but I d'definitely contact NYS DOL or use one of those services like Sofia mentioned to get clarity on your specific situation.
Zainab Khalil
Had major issues trying to get through to NYS Department of Labor when I filed last year. Their phone lines are constantly busy and the online system can be glitchy. If you run into problems reaching them for questions about your claim, I had success using claimyr.com - it's a service that helps you get through to actual agents. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of calling and getting hung up on.
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QuantumQuest
•Interesting, never heard of that service. Is it legit or one of those scam things?
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Zainab Khalil
•It's legitimate, they just help you navigate the phone system to reach an actual person. Was worth it for me when I was stuck in adjudication limbo for weeks.
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Connor Murphy
wait i thought you had to be unemployed for like 2 weeks before filing?? this is confusing lol
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Dmitry Popov
•No, you're thinking of the waiting week which happens after you file. You can and should file immediately after your last day of work.
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