Can immigrants get unemployment benefits through NYS Department of Labor?
I've been working in New York for about 2 years on a work visa and just got laid off from my job at a manufacturing company. My coworker mentioned I might be able to file for unemployment but I'm not sure if immigrants are eligible for NYS Department of Labor benefits. I have a valid work authorization document and have been paying into the system through payroll taxes. Does anyone know if I can apply for UI benefits or what the requirements are for non-citizens? I'm really stressed about this situation and don't want to waste time filing if I'm not eligible.
9 comments


Diego Vargas
Yes, you can definitely apply for unemployment benefits through NYS Department of Labor if you have work authorization! The key requirements are that you must be authorized to work in the US and have earned enough wages during your base period. Since you've been working for 2 years and paying into the system, you should be eligible. You'll need to provide your work authorization documentation when you file your claim on the ny.gov website.
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Chloe Harris
•Thank you so much! That's a huge relief. Do I need to provide my visa documents when I file online or just have them ready if they ask for them?
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NeonNinja
Immigration status doesn't matter as long as you were legally authorized to work during the time you earned your wages. I helped my brother-in-law file his claim last year when he was on an H1B visa and he got approved without any issues. Just make sure you have your Social Security number and employment history ready when you file.
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Anastasia Popov
•This is correct. The NYS Department of Labor doesn't discriminate based on citizenship status. If you worked legally and paid taxes, you earned those benefits.
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Sean Murphy
wait really?? i thought only citizens could get unemployment benefits. my friend told me immigrants couldn't apply and i never even tried when i got laid off last year ugh
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Diego Vargas
•That's a common misconception! As long as you had work authorization during your employment, you're eligible. You might want to look into filing a late claim if it's within the timeframe.
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Zara Khan
I had trouble getting through to NYS Department of Labor when I needed to speak with someone about my work authorization documents. If you run into issues reaching them by phone, I found this service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a demo video at https://youtu.be/qyftW-mnTNI that shows how it works. It was really helpful when I needed to verify my documentation requirements.
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Chloe Harris
•Thanks for the tip! I'll keep that in mind if I have trouble reaching someone directly.
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Luca Ferrari
Just want to add that you'll need to meet the same job search requirements as everyone else once you start receiving benefits. Keep track of your job search activities and make sure your work authorization doesn't expire during your benefit period, as that could affect your continued eligibility.
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