Can a non-citizen get unemployment benefits from NYS Department of Labor?

Yes, you can absolutely apply for unemployment benefits as a non-citizen! The key requirement is that you must be authorized to work in the US. Since you're on an H1B, you meet this requirement. NYS Department of Labor doesn't discriminate based on citizenship status - they care about work authorization and whether you've earned enough wages. You'll need to provide your work authorization documents when you file your claim.

My friend was in a similar situation last year with his L1 visa. He was able to get benefits but it took longer to process because they had to verify his work authorization status. The adjudication took about 3 weeks instead of the usual 1-2 weeks for citizens.

You'll definitely want to have all your immigration documents ready when you apply. NYS Department of Labor will need to verify your work authorization for the entire period you're claiming benefits. Make sure your visa status allows you to remain in the US while unemployed - some visas have specific requirements about maintaining employment.

I had such a hard time getting through to NYS Department of Labor when I needed to provide additional immigration documents for my claim verification. Spent weeks calling and getting disconnected. Finally used this service called Claimyr (claimyr.com) that actually got me connected to a real agent. They have a video demo showing how it works: https://youtu.be/qyftW-mnTNI. Saved me so much frustration dealing with the phone system.

Just make sure you meet the wage requirements too. You need to have earned enough in your base period, which is usually the first 4 of the last 5 completed calendar quarters. Since you worked for 2 years you should be fine, but double check your earnings on the NYS Department of Labor website.

I went through this exact situation on my H1B about 6 months ago. Yes, you're absolutely eligible! The process was pretty straightforward - I just needed to upload my I-797 approval notice and EAD card like you mentioned. One thing to note is that you'll need to be actively searching for work and available to accept suitable employment, which shouldn't be an issue since you're authorized to work. Also, make sure to file your claim as soon as possible since there's usually a one-week waiting period before benefits start. The weekly benefit amount is based on your previous earnings, so with 2 years of tech salary you should get a decent amount. Don't let the stress get to you - you've been paying into the system and you deserve these benefits!

I'm a former immigration paralegal and wanted to add some important details about H1B holders and unemployment benefits. While you are eligible as others have confirmed, there are a few critical things to keep in mind: 1) H1B holders typically have a 60-day grace period to find new employment or change status after job loss, so file your UI claim immediately to maximize your benefit period. 2) Make sure your employer properly notified USCIS of your termination - this affects your legal status timeline. 3) You can receive benefits while searching for work, but if you find a job with a different employer, they'll need to file a new H1B petition (unless it's a cap-exempt position). 4) Keep all your immigration documents updated and readily available since NYS DOL may request them for periodic eligibility reviews. The good news is that receiving unemployment benefits won't negatively impact future immigration applications. Best of luck with your claim!