Can H4 visa holder apply for unemployment benefits in Washington state?
My wife is on H4 visa and just got laid off from her job after getting work authorization. She worked for about 8 months before the layoff. Can she apply for Washington ESD unemployment benefits or is there some restriction because of her visa status? We're not sure if H4 EAD holders are eligible for UI benefits and don't want to mess anything up with immigration. Has anyone been in this situation?
56 comments


Emma Thompson
Yes, H4 visa holders with valid work authorization (EAD) can apply for Washington ESD unemployment benefits as long as they meet the regular eligibility requirements. The key is that she was legally authorized to work when she earned those wages. She'll need to show proof of work authorization when filing her claim.
0 coins
Javier Mendoza
•That's such a relief! Do you know what specific documents she'll need to upload when filing the claim?
0 coins
Emma Thompson
•She'll need her EAD card, Social Security card, and probably her I-94 record. Washington ESD will verify work authorization as part of the claim process.
0 coins
Malik Davis
I'm also on H4 with EAD and filed for unemployment last year when I got laid off. The process is the same as for any other worker - you file through the Washington ESD website and provide your work history and reason for separation.
0 coins
Javier Mendoza
•How long did it take for your claim to get approved? Were there any additional steps because of the visa status?
0 coins
Malik Davis
•It took about 2 weeks, which is pretty normal. They did ask for additional verification of my work authorization but nothing too complicated.
0 coins
Isabella Santos
Wait, are you sure about this? I thought visa holders couldn't get government benefits. This seems risky for immigration purposes.
0 coins
Emma Thompson
•Unemployment benefits aren't considered public benefits for immigration purposes because they're earned through payroll taxes. As long as she was legally authorized to work, she's eligible.
0 coins
Isabella Santos
•Good to know, I was mixing this up with other types of assistance programs.
0 coins
StarStrider
Just want to add that getting through to Washington ESD can be really difficult right now. I've been trying to reach them about my claim for weeks with no luck. If you need to speak with someone urgently, I recently discovered Claimyr (claimyr.com) which helps you get through to ESD agents. They have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.
0 coins
Javier Mendoza
•Thanks for the tip! We might need that if we run into issues with the work authorization verification.
0 coins
Ravi Gupta
•How much does that service cost? Seems like it might be worth it to avoid waiting on hold for hours.
0 coins
Freya Pedersen
The important thing is that she earned those wages legally while authorized to work. Washington ESD looks at whether the work was legal when it was performed, not the current visa status.
0 coins
Javier Mendoza
•That makes sense. She definitely had valid EAD when she was working, so we should be good.
0 coins
Omar Hassan
also make sure her EAD hasnt expired when she files the claim. if it expired between when she worked and when she files, that could complicate things
0 coins
Javier Mendoza
•Her EAD is still valid for another year, so that shouldn't be an issue.
0 coins
Emma Thompson
•Even if the EAD had expired, as long as it was valid when she earned the wages, she should still be eligible for benefits based on those earnings.
0 coins
Chloe Anderson
I had a friend who was on H4 and got unemployment benefits no problem. The only thing that took longer was the identity verification process because they had to verify her work authorization documents.
0 coins
Javier Mendoza
•How long did the identity verification take for your friend?
0 coins
Chloe Anderson
•I think it was about a week longer than normal, so maybe 3 weeks total instead of 2.
0 coins
Diego Vargas
Just file the claim online through the Washington ESD website. The system will guide you through all the required information and document uploads. Don't overthink it - if she was legally working and paying into unemployment insurance, she's entitled to benefits.
0 coins
Javier Mendoza
•You're right, we should just go ahead and file. Better to start the process sooner rather than later.
0 coins
CosmicCruiser
One thing to be aware of - if her H4 status changes or if there are any issues with her EAD renewal, that could affect ongoing benefits. But for now, with valid work authorization, she should be fine to apply.
0 coins
Javier Mendoza
•That's a good point about ongoing benefits. We're planning to renew her EAD well before it expires.
0 coins
CosmicCruiser
•Smart thinking. It's always better to stay ahead of these things with immigration documents.
0 coins
Anastasia Fedorov
Washington ESD is pretty good about handling cases with work authorization documents. They see this situation fairly regularly with H4, L2, and other visa holders who have work permits.
0 coins
Javier Mendoza
•That's reassuring to hear. I was worried this might be an unusual situation that would cause delays.
0 coins
Sean Doyle
The weekly claims process will be the same too - she'll need to certify each week that she's able and available for work, and that includes being legally authorized to work. As long as her EAD is valid, this shouldn't be an issue.
0 coins
Javier Mendoza
•Good to know about the weekly claims. I was wondering if there would be additional steps each week.
0 coins
Sean Doyle
•Nope, once the initial claim is approved and work authorization is verified, the weekly process is standard.
0 coins
Zara Rashid
Just make sure she has all her paystubs and W-2s ready when filing. Washington ESD will want to verify her earnings and work history, especially for the most recent 18 months.
0 coins
Javier Mendoza
•She has all her paystubs organized, so that should be easy. Thanks for the reminder about the 18-month lookback period.
0 coins
Luca Romano
if she gets stuck in adjudication because of the work authorization verification, dont panic. it just means they need to review the documents more carefully. this happened to my coworker and it added about 2 weeks to the process
0 coins
Javier Mendoza
•That's helpful to know. We'll be patient if it goes into adjudication review.
0 coins
StarStrider
•If she does get stuck in adjudication and needs updates, that's another situation where Claimyr could help get through to an agent for status updates.
0 coins
Nia Jackson
The job search requirements will be the same too - she'll need to log her job search activities on WorkSourceWA and be actively looking for work she's authorized to perform.
0 coins
Javier Mendoza
•Right, she'll need to make sure any jobs she applies for are within her work authorization scope.
0 coins
Nia Jackson
•Exactly. As long as she's applying for jobs she's legally allowed to take, the job search requirement is satisfied.
0 coins
NebulaNova
I work in HR and we have several H4 employees. When they've been laid off in the past, they've all been able to get unemployment benefits without major issues. The key is having that EAD and valid Social Security number.
0 coins
Javier Mendoza
•That's really reassuring coming from someone in HR. She definitely has both the EAD and a valid SSN.
0 coins
Mateo Hernandez
One more tip - when she files, she should select that she's authorized to work in the US and be ready to upload her EAD document. The system will prompt for this information during the application process.
0 coins
Javier Mendoza
•Perfect, we'll have her EAD scanned and ready to upload when we file the claim.
0 coins
Aisha Khan
Washington state is generally pretty good about these situations. As long as she meets the basic requirements - lost job through no fault of her own, earned sufficient wages, and is authorized to work - she should qualify for benefits.
0 coins
Javier Mendoza
•She definitely meets all those requirements. The layoff was due to company restructuring, not performance issues.
0 coins
Ethan Taylor
Just file the claim as soon as possible. There's a waiting period anyway, so it's better to get the process started even if there are minor delays for document verification.
0 coins
Javier Mendoza
•You're absolutely right. We'll file this weekend and get the process moving. Thanks everyone for all the helpful information!
0 coins
Emma Thompson
•Good luck with the claim! Feel free to post updates if you run into any issues.
0 coins
Yuki Ito
This thread has been really helpful. I'm in a similar situation with my L2 visa and was wondering about the same thing. Sounds like the process is similar for any visa holder with work authorization.
0 coins
Emma Thompson
•Yes, the principles are the same for any visa status - as long as you were legally authorized to work when you earned the wages, you should be eligible for unemployment benefits.
0 coins
Javier Mendoza
•Glad this helped someone else too! The community here is really knowledgeable about these issues.
0 coins
Ava Williams
I went through this exact same situation with my H4 EAD last year. The application process was straightforward - just make sure to have her EAD card, Social Security card, and recent paystubs ready when filing online. Washington ESD processed my claim normally, though they did take an extra week to verify my work authorization documents. The key thing is that she paid into the unemployment insurance system while legally working, so she's absolutely entitled to those benefits. Don't let anyone tell you otherwise!
0 coins
Leila Haddad
•This is exactly what I needed to hear! It's so reassuring to get confirmation from someone who actually went through the process. The extra week for document verification seems pretty reasonable considering the circumstances. Did you have any issues with the weekly certifications afterward, or was it smooth sailing once approved?
0 coins
GamerGirl99
•That's really helpful to know! I'm actually in a similar situation and was worried about the process being complicated. Did you file online through the regular Washington ESD website, or was there a special process for work authorization holders? Also, when you say they took an extra week to verify documents, did they contact you directly or did you just have to wait for the system to update?
0 coins
Mei Wong
I'm also on H4 with EAD and was recently laid off, so this thread is incredibly timely for me! Reading through everyone's experiences has been so helpful. One question I haven't seen addressed - did anyone have issues if their employer didn't properly report their work authorization status to Washington ESD? I'm wondering if I should contact my former HR department to make sure they have my EAD information on file before I submit my claim. Also, has anyone dealt with a situation where their EAD renewal is pending while collecting benefits? My current EAD expires in a few months and I'm worried about timing.
0 coins
Sadie Benitez
•Great questions! I actually went through the EAD renewal situation while on unemployment. Washington ESD was really understanding about it - I just had to provide documentation that my renewal was pending and show my receipt notice from USCIS. They continued my benefits without interruption as long as I could prove the renewal was filed before expiration. As for the employer reporting, I don't think you need to worry too much about that - Washington ESD primarily looks at your wage records and work authorization documents that you provide directly. But it wouldn't hurt to double-check with HR if you're concerned. The most important thing is having your own documentation ready when you file.
0 coins
Zoe Walker
I'm currently on H4 EAD and this thread has been incredibly informative! One thing I wanted to add from my research is that it's worth keeping copies of all your employment documents (offer letters, paystubs, termination notice) along with your EAD documentation. I've heard that sometimes Washington ESD may ask for additional proof that you were legally authorized to work during your entire employment period, especially if there were any gaps or if you started working shortly after getting your EAD. Also, make sure your Social Security Administration records are up to date with your work authorization - sometimes there can be discrepancies that cause delays in benefit processing. Has anyone experienced issues with SSA records not matching their EAD status when filing for unemployment?
0 coins