Can undocumented workers get NYS Department of Labor unemployment benefits - documentation requirements?
I've been working construction jobs for the past 3 years in New York and paying into the system through my ITIN. My employer had to lay me off last month due to lack of work and I'm wondering if I can apply for unemployment benefits through NYS Department of Labor. I don't have a social security number but I do have an Individual Taxpayer Identification Number and have been filing taxes. Does anyone know what the documentation requirements are? I've heard conflicting information about eligibility.
8 comments
Join the conversation
Kiara Fisherman
Unfortunately, NYS Department of Labor unemployment benefits require work authorization in the United States. You need to have been legally authorized to work during your base period to be eligible for UI benefits. Having an ITIN for tax purposes doesn't establish work authorization for unemployment purposes.
0 coins
Jason Brewer
•That's what I was afraid of. Even though I've been paying into the system? Seems unfair but I guess those are the federal rules.
0 coins
Liam Cortez
wait i thought if you paid taxes you could get benefits? my cousin said he got unemployment last year
0 coins
Kiara Fisherman
•There might be confusion here. Some people have work permits or other documentation that allows them to work legally even if they're not citizens. The key is having work authorization, not just paying taxes.
0 coins
Savannah Vin
The NYS Department of Labor follows federal guidelines on this. You must be able to work legally in the US to receive unemployment benefits. This includes citizens, permanent residents, and those with valid work visas or permits. If you're having trouble reaching someone at NYS Department of Labor to discuss your specific situation, I used Claimyr (claimyr.com) to get through to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. An agent could give you definitive information about your eligibility.
0 coins
Mason Stone
•This is really frustrating. People pay into the system but can't access benefits when they need them. I understand the legal requirements but it still feels wrong.
0 coins
Makayla Shoemaker
You might want to check with local worker advocacy groups too. Sometimes there are other programs or resources available even if regular unemployment isn't an option. They would know about any state-specific assistance programs.
0 coins
Jason Brewer
•Good idea, I'll look into that. Thanks for the suggestion.
0 coins