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Andre Lefebvre

Can a non-citizen get Washington ESD unemployment benefits?

I'm on a work visa and got laid off from my tech job last month. My coworker said I might not be eligible for unemployment because I'm not a citizen yet. Is this true? I've been paying into the system for 3 years and really need the benefits while I look for work. Does anyone know what the rules are for non-citizens applying for Washington ESD unemployment?

Yes, non-citizens can absolutely get unemployment benefits in Washington! You just need to have work authorization. If you've been legally working and paying into the system, you should be eligible. What type of visa do you have?

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I have an H-1B visa. So I should be able to apply normally through the Washington ESD website?

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Yes, H-1B holders are definitely eligible. Just make sure you have your work authorization documentation ready when you file.

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I'm also non-citizen and got benefits last year no problem. The key is having valid work authorization during your base period. Washington ESD doesn't care about citizenship status as long as you were legally authorized to work.

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That's reassuring! How long did it take for your claim to get approved?

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About 2 weeks, but that was before they started having all these adjudication delays everyone talks about now.

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Just went through this process myself. You'll need to provide documentation of your work authorization when you file. For H-1B, that means your I-94 and visa documents. Make sure everything is current and matches your employment history.

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Do I need to upload these documents during the initial application or wait for them to ask?

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Upload them right away if the system gives you the option. It can prevent delays in processing your claim.

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been trying to call Washington ESD for weeks about my claim and can never get through! the phone system just hangs up on me after being on hold forever. so frustrating when you need answers about eligibility

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I had the same problem until I found Claimyr. It's a service that helps you get through to Washington ESD agents automatically. Check out claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Saved me hours of calling.

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Never heard of that before. Does it actually work or is it just another scam?

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It's legit. I was skeptical too but it got me connected to a real Washington ESD agent in about 20 minutes instead of spending all day redialing.

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wait so if i'm on a student visa but have work authorization through OPT can i get unemployment too?

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Yes, OPT holders are eligible as long as you were working in authorized employment during your base period.

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awesome thanks! i was worried i wouldn't qualify

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The whole system is so confusing though. Why can't Washington ESD just make this clearer on their website? I spent forever trying to figure out if green card holders need different paperwork.

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Green card holders are permanent residents so they don't need any special work authorization docs, just their green card as proof of status.

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Ok that makes sense. Wish they explained this stuff better upfront.

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I think there might be some restrictions though? Like if your work authorization expires while you're on unemployment?

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That's a good point. You need to maintain work authorization throughout your benefit period. If your visa expires, you need to renew it or your benefits could stop.

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My H-1B doesn't expire for another year so I should be fine. But good to know for the future.

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Does this apply to all visa types or just certain ones? My sister is on an L-1 visa and wondering about this too.

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As long as the visa allows employment authorization, they should be eligible. L-1 visa holders can definitely apply for unemployment benefits.

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Great, I'll let her know!

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be careful about the job search requirements though. you still have to be able and available for work, which means maintaining your work authorization status

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Good point. I assume that means I need to be actively looking for jobs that match my visa restrictions?

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exactly. you can't just apply for any job if your visa limits what type of work you can do

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This is really helpful info. I always assumed non-citizens couldn't get benefits. Nice to know I was wrong!

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It's a common misconception! If you're working legally and paying taxes, you're generally eligible for the same benefits as citizens.

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what about refugees or asylum seekers? do they qualify too?

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Yes, refugees and asylum seekers with work authorization are eligible. They just need to provide their employment authorization document (EAD).

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thanks, asking for a friend who just got refugee status

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I tried to apply online but got confused by some of the questions about citizenship status. Should I call to get help or just keep trying online?

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If you need to talk to someone at Washington ESD, I'd recommend trying Claimyr again. Much easier than trying to get through their regular phone lines. The agents can walk you through the citizenship questions step by step.

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I might have to try that. The online form is really confusing about which documents to upload.

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Just want to add that processing times might be longer if you're a non-citizen because they have to verify your work authorization. Mine took about 3 weeks instead of the usual 1-2 weeks.

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Did they tell you that's why it took longer or are you just assuming?

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They didn't explicitly say that but the timing made sense. My claim went into adjudication for identity verification.

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make sure you have ALL your documents ready before applying. i had to resubmit stuff multiple times because i didn't upload everything the first time

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What documents did you need besides the work authorization ones?

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same as everyone else - ID, social security card, employment history. just the work auth stuff on top of that

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Does having unemployment benefits affect your visa status at all? Like when you renew or apply for permanent residency?

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That's more of an immigration law question. You should consult with an immigration attorney about how benefits might affect your specific visa situation.

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Yeah probably a good idea to check with a lawyer just to be safe.

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honestly the whole process was way easier than i expected. filed online, got approved in 2 weeks, been getting payments ever since. don't let the non-citizen thing scare you away from applying

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That's encouraging! I was really worried I'd get denied just for not being a citizen.

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nope as long as you were working legally you should be fine. the system treats everyone the same

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One thing to watch out for - make sure your employer didn't mess up your work authorization info when they reported your wages. I had issues because HR put the wrong visa category in their system.

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How did you fix that? Did you have to contact your old employer?

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Yeah I had to get them to submit a correction to Washington ESD. Took a few weeks but they eventually fixed it.

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Thanks everyone for all the helpful info! I feel much more confident about applying now. Going to gather all my documents this weekend and file my claim.

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Good luck! Feel free to come back here if you run into any issues during the process.

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Will do! This thread has been super helpful.

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just remember you still have to do the weekly claims and job search requirements like everyone else. being a non-citizen doesn't change those rules

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Yeah I figured as much. At least now I know I'm eligible to apply in the first place!

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if anyone is still having trouble getting through to Washington ESD about eligibility questions, that Claimyr thing someone mentioned earlier really does work. used it last week and finally got my adjudication issue resolved

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I'm definitely going to try it. Been weeks since I could talk to anyone there.

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worth every penny to not have to spend hours on hold every day

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This thread has been incredibly informative! I'm also on a work visa (TN visa) and was laid off recently. It's reassuring to know that work authorization is the key factor, not citizenship status. I was hesitant to apply because I wasn't sure if temporary visa holders qualified. Now I know I should gather my I-94, visa documentation, and employment records before filing. Thanks to everyone who shared their experiences - it really helps to hear from people who've actually gone through the process successfully!

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Yes, TN visa holders are definitely eligible! I went through the same process last year when my contract ended unexpectedly. The key thing with TN visas is making sure your work authorization documentation is current and matches your employment history. Since TN visas are tied to specific employers, you'll want to have your most recent I-94 and the documents showing you were authorized to work for your previous employer. The process was pretty straightforward once I had everything organized. Good luck with your application!

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TN visa holders are in a great position for unemployment benefits! Since TN visas allow for multiple renewals and job changes (with proper documentation), you should have no issues as long as your work authorization was valid during your base period. One tip - if you're planning to change employers while on unemployment, make sure to update Washington ESD about any changes to your work authorization status. The process should be smooth since TN visas are specifically for employment purposes. Hope your job search goes well!

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This is such valuable information! I'm a newcomer to this community and currently on an E-2 investor visa. I was worried that my visa type might not qualify since it's different from the H-1B and other employment visas mentioned here. Reading through all these responses gives me hope that as long as I have valid work authorization, I should be eligible too. I've been paying into the unemployment system for two years through my business. Does anyone know if E-2 visa holders face any unique challenges when applying, or is the process pretty much the same as other work-authorized non-citizens?

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Welcome to the community! E-2 visa holders are absolutely eligible for unemployment benefits in Washington. Since E-2 visas authorize you to work (as an investor/business owner), you should qualify just like other work-authorized non-citizens. The process is essentially the same - you'll need your I-94, visa documents, and employment/business income records during your base period. One thing that might be slightly different for E-2 holders is documenting your income if it came from your own business rather than traditional W-2 employment, but Washington ESD handles self-employment income regularly. Just make sure you have good records of your earnings and tax payments. The key requirement remains the same: valid work authorization during the time you were earning wages. You've been paying into the system, so you should definitely apply!

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