Can H4 EAD apply for unemployment benefits - NYS Department of Labor eligibility question
My spouse is on H4 visa with valid EAD (employment authorization document) and just lost their job last month. We're confused about whether they can apply for unemployment benefits through NYS Department of Labor since they have work authorization but aren't a permanent resident. The employer was paying into unemployment insurance for the past 2 years. Has anyone with H4 EAD status successfully filed for UI benefits in New York? Really stressed about this situation and don't want to mess anything up with immigration status.
12 comments
Join the conversation
Aileen Rodriguez
Yes, your spouse should be eligible! As long as they have valid work authorization (which H4 EAD provides) and the employer was paying into the unemployment insurance system, they can file for benefits. NYS Department of Labor doesn't require permanent residency, just legal work authorization. Make sure to have the EAD card ready when filing the claim.
0 coins
Bruno Simmons
•Thank you! That's such a relief. Do we need to provide any special documentation besides the EAD card?
0 coins
Zane Gray
my friend had h4 ead and got unemployment no problem last year. just make sure the ead hasn't expired when you file
0 coins
Maggie Martinez
When filing online, there's a section for work authorization status. Select the appropriate option and upload a clear copy of the EAD card. The key requirement is that they were legally authorized to work when employed and when filing the claim. NYS Department of Labor processes these claims routinely.
0 coins
Alejandro Castro
•What if the EAD expires while receiving benefits? Do they need to renew it immediately or can they continue getting UI until it runs out?
0 coins
Maggie Martinez
•They need to maintain valid work authorization throughout the benefit period. If EAD expires, they should stop filing weekly claims until they get the renewal.
0 coins
Monique Byrd
I was in similar situation and had trouble getting through to NYS Department of Labor to clarify this exact question. Kept getting disconnected after waiting on hold for hours. Finally used this service called claimyr.com that helped me reach an actual agent - they have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. The agent confirmed H4 EAD holders are definitely eligible as long as work authorization is current.
0 coins
Bruno Simmons
•Thanks for sharing that! The phone lines have been impossible. Will check out that service if we run into issues.
0 coins
Jackie Martinez
This whole system is so confusing for immigrants! Why don't they make the eligibility requirements clearer on the website? I've been paying into unemployment for years and shouldn't have to guess if I'm eligible.
0 coins
Lia Quinn
Just want to add - make sure to keep filing weekly claims on time even if there are initial delays with the claim review. Sometimes they need extra time to verify work authorization but as long as you maintain eligibility you'll get backpay for those weeks.
0 coins
Grace Durand
I went through this exact situation with my H4 EAD last year when I lost my job. The application process was straightforward - just filed online like anyone else and uploaded my EAD card as proof of work authorization. Got approved within a few weeks. One tip: if you're worried about immigration implications, unemployment benefits are considered earned benefits since your employer was paying into the system, so it shouldn't affect your status. The hardest part was actually getting through to speak with someone when I had questions, but the online system worked fine for filing.
0 coins
Luis Johnson
•This is really helpful, thank you! It's reassuring to hear from someone who actually went through the process. The immigration implications were definitely one of my biggest concerns, so knowing that UI benefits are considered earned benefits makes me feel much better about applying. Did you face any additional verification steps or delays specifically because of the H4 EAD status, or was it processed just like any other claim?
0 coins