How does immigration status affect NYS Department of Labor unemployment eligibility?
I'm really confused about unemployment eligibility requirements and how immigration status plays into it. My friend mentioned that work authorization affects whether you can collect benefits through NYS Department of Labor but I can't find clear information anywhere. I've been working here for two years with proper documentation but now I'm laid off and worried about filing a claim. Does anyone know how the NYS Department of Labor handles these situations? I don't want to mess up my status by applying if I'm not supposed to.
9 comments


Jamal Wilson
You need valid work authorization to be eligible for unemployment benefits in New York. The NYS Department of Labor requires that you be legally authorized to work in the US when you file your claim and continue to be authorized while collecting benefits. If you have a valid work permit, green card, or are a US citizen, you should be fine to apply. The key is having legal work authorization during your base period and continuing authorization.
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Zoe Papanikolaou
•Thank you! I do have valid work authorization so that's a relief. Do I need to provide any special documentation when I file my claim?
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Mei Lin
I went through this exact situation last year. The NYS Department of Labor online system asks about work authorization during the application process. You'll need to provide your Social Security number and they verify your eligibility through their databases. As long as your work authorization is current and you meet all the other requirements (like having enough wages in your base period), you should be approved.
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Liam Fitzgerald
•What happens if your work authorization expires while you're collecting benefits? Do they just cut you off?
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Mei Lin
•Yes, you have to report any changes in your work authorization status. If it expires, you become ineligible to continue receiving benefits until you get it renewed.
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GalacticGuru
this is so complicated!! i've been working for three years but my status situation is messy and i'm scared to even apply for unemployment. the whole system seems designed to trip people up
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Amara Nnamani
I had trouble getting through to NYS Department of Labor agents when I had questions about my eligibility. The phone lines are always busy and the online chat never works. Finally found this service called Claimyr (claimyr.com) that helped me get connected to an actual person at NYS Department of Labor who could answer my specific questions about work authorization requirements. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Made the whole process much less stressful.
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Zoe Papanikolaou
•That sounds helpful! I've been dreading trying to call them because I know I'll be on hold forever.
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Giovanni Mancini
Just to add - you also need to be able and available for work, which includes being legally authorized to accept employment. The NYS Department of Labor takes this seriously during eligibility reviews. Make sure you understand all the requirements before filing.
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