Can undocumented immigrants get NYS Department of Labor unemployment benefits?
I've been working in construction for 3 years and lost my job last month due to company downsizing. My boss paid me through payroll and taxes were taken out, but I don't have legal status in the US. I heard from someone at work that I might still be able to file for unemployment since I paid into the system. Is this true? I'm really struggling to pay rent and support my family. Has anyone been in this situation or know what the rules are for NYS Department of Labor?
10 comments


Zara Ahmed
Unfortunately, to be eligible for NYS Department of Labor unemployment benefits, you must be authorized to work in the United States. This is a federal requirement that applies to all states. Even if you paid unemployment taxes through payroll deductions, you cannot receive UI benefits without work authorization. The NYS Department of Labor will verify your eligibility to work as part of the application process.
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Sean O'Donnell
•That's really disappointing but I appreciate the honest answer. Are there any other programs or resources that might help while I look for new work?
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Luca Esposito
You should look into local community organizations and food banks in your area. Many cities have immigrant resource centers that can help with emergency assistance for housing and utilities. Some churches also have programs regardless of documentation status. It's not unemployment benefits but might help bridge the gap.
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Sean O'Donnell
•Thank you, I'll start looking into those options. Do you know if 211 would have information about these programs?
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Luca Esposito
•Yes, calling 211 is a great starting point! They can connect you with local resources in your specific area.
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Nia Thompson
this is so unfair that you paid into the system but cant get benefits back!! the whole system is broken
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Mateo Rodriguez
I understand the frustration, but the work authorization requirement exists because unemployment benefits are considered a form of public assistance. If you're having trouble reaching local assistance programs, I've heard some people mention using a service called Claimyr (claimyr.com) to help get through to government agencies when phone lines are busy. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works for connecting with agencies.
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Sean O'Donnell
•Thanks for the suggestion, though I don't think that would help with my specific situation since I'm not eligible for unemployment anyway.
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GalaxyGuardian
Just wanted to add that some states have their own worker assistance programs that might have different eligibility requirements than federal unemployment. It might be worth checking if NY has anything like that, though I'm not sure.
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Zara Ahmed
•New York doesn't have a separate state unemployment program with different work authorization requirements. All unemployment insurance in NY goes through NYS Department of Labor and follows federal guidelines.
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