Unemployment benefits: Are green card holders eligible for payment?
Unemployment benefit claims are on the rise, who is eligible for benefits in the US? Does it depend on citizenship status?
After more than a year of steady decline, initial unemployment claims are trending slightly upward. This comes as the unemployment rate in the US continues to fall - be it at a much slower rate than earlier in the pandemic recovery.
As is true for citizens, green card holders can only receive unemployment benefits if they lost their job through no fault of their own. If you get laid off due to budget cuts or a lack of work, you may receive unemployment benefits. Non-citizen green card holders have many of the same labor protections as citizens, which separate the group from other immigration statuses.
The amount that workers receive depends on the wages a worker earned during a “base period.” Although it varies from state to state, the base period generally covers the past year to 18 months of work.
Green cards and employment in the United States
A green card is a document that grants an immigrant living in the United States permanent resident status. The permanent resident status allows you to live and work in the U.S. indefinitely, as long as you don’t commit a crime or action that renders you eligible for deportation.
Obtaining permanent resident status is a step on the path to citizenship but does not grant citizenship in and of itself. A green card gets you close, however, and generally affords you most of the legal obligations and protections of citizenship, although green card holders may not vote in federal elections. As a green card holder, you can collect unemployment benefits if you meet the eligibility requirements.
Reason for termination matter
Green card holders can only receive unemployment benefits if they lost their job through no fault of their own. If you get laid off due to budget cuts or a lack of work, you may receive unemployment benefits. If, however, you got fired for refusing to work, violating safety rules, failing a drug test or for disciplinary reasons, expect the state to deny your unemployment application.
Unemployment’s intent is to help you temporarily while you’re between jobs. It is provided with the expectation that you will actively search for a new job. If you’re not, the state may refuse to pay you unemployment. States have different ways of verifying that you’re seeking work, but they will do so. You don’t have to apply for jobs at local fast food restaurants if you were an accountant at your previous job, but you do have to prove that you’re looking for suitable work.