Can undocumented workers collect unemployment benefits from NYS Department of Labor?
My friend works under an ITIN number and pays taxes every year but doesn't have legal status. They got laid off last week and are wondering if they can file for unemployment benefits through NYS Department of Labor. I know they've been paying into the system for years but I'm not sure about the eligibility rules. Has anyone dealt with this situation before? What documentation does NYS Department of Labor require when you file a claim?
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CosmicCommander
Unfortunately, undocumented workers are not eligible for regular unemployment insurance benefits in New York. NYS Department of Labor requires valid work authorization to qualify for UI benefits. Even if your friend has been paying taxes with an ITIN, they need to have legal work authorization status to collect unemployment. The system verifies immigration status during the application process.
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Oliver Zimmermann
•That's really unfair since they've been paying into the system for years. Are there any other programs or assistance they might qualify for?
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Natasha Volkova
Your friend should check with local immigrant rights organizations or legal aid societies. While they can't get regular unemployment, there might be emergency assistance programs or other resources available. Some cities have their own relief programs that don't require federal work authorization.
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Javier Torres
•This is a tough situation that affects a lot of people who work and pay taxes but don't have status. The immigration and employment laws really need reform.
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Emma Davis
i think this varies by state but in NY you definitely need work authorization. my cousin went through this same thing and NYS Department of Labor denied the claim right away when they couldn't verify status
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Malik Johnson
•How quickly did they get the denial? Did NYS Department of Labor explain what documentation was missing or just say they weren't eligible?
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Isabella Ferreira
The work authorization requirement is federal law, not just a New York thing. Even though your friend has been contributing through payroll taxes, the Social Security Administration and Department of Labor systems are connected to immigration databases. When NYS Department of Labor processes a claim, they verify work eligibility through these federal systems. If you're having trouble reaching someone at NYS Department of Labor to get official confirmation, I've heard people mention using claimyr.com to get through to an agent faster. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works.
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Oliver Zimmermann
•Thanks for the detailed explanation. I'll let my friend know to look into other assistance programs instead of wasting time with an unemployment application that won't be approved.
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Fatima Al-Qasimi
I work with an immigration advocacy group and can confirm what others have said - undocumented workers cannot receive regular UI benefits in NY despite paying taxes. However, your friend should know about a few alternatives: 1) Some counties have emergency rental assistance that doesn't check immigration status, 2) Food pantries and community organizations often provide help without documentation requirements, 3) If they were injured on the job, workers' compensation doesn't require legal status verification. I'd suggest contacting the New York Immigration Coalition or Make the Road NY - they have resources specifically for situations like this and can connect your friend with local assistance programs.
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