Tag: EAD

COVID 19 – Unemployment Benefits for Immigrant Workers

immigrant’s eligibility for unemployment benefits and consequences on green cards

Question: Do I, as an immigrant, qualify for unemployment benefits if the coronavirus (COVID-19) causes me losing my job?

Answer: Yes, however, immigrant workers must satisfy the same requirements for #unemployment. You must be unemployed due to no fault of your own, and you must have earned enough wages or worked enough hours in your “base period” to qualify. If you are currently employed or if you quit, then you are not eligible for unemployment benefits.  If your employer offers sick leave to address COVID-19 in lieu of layoffs, you cannot quit on your own volition to get unemployment benefits. If an employer shuts down operations temporarily and no work is available, you are eligible for unemployment.

Question: If I cannot go to work because I quarantined myself, can I get unemployment?

Answer: Maybe. If your employer allows you to work remotely and you choose not to accept that work, you are not qualify. If the employer requires you to stay home but did not offer work from home, then you might be eligible for benefits.

Question: How much is unemployment?

Answer: Depends on your state law and the reason why you cannot go to work. In addition, Pandemic Federal Unemployment Compensation  allows an additional  $600 on top of weekly unemployment benefits for up to four (4) months, not to exceed July 31, 2020.

Question: Does unemployment benefits hurt my green card #adjustment of status application in the future?

Answer: USCIS does not consider “unemployment” in the public charge inadmissibility determination because they are considered earned benefits through the person’s employment. Unemployment is a type of insurance that employers pay into. This isn’t taxpayer money, so it does not affect your green card.

Question: If I am undocumented, do I get #unemployment benefits?

Answer: If you are undocumented, chances are you do not have valid employment authorization or valid SSN, then you are not eligible for unemployment benefits.

Question: I applied for work authorization extension and have not yet received my new work card, can I get unemployment benefits?

Answer: If you have proof that you have applied for an extension, you might allowed to receive benefits. 

File unemployment with the Missouri Department of Labor here.

File unemployment with the Kansas Department of Labor here.

USCIS New Affirmative Asylum Interview Scheduling Order

USCIS will now schedule asylum interviews starting with newer filings and working back towards older filings.

USCIS announced that starting January 29, 2018, the Asylum Division will give priority to the most recently filed affirmative asylum applications when scheduling for interviews. For the original post, see https://www.uscis.gov/humanitarian/refugees-asylum/asylum/affirmative-asylum-interview-scheduling. The asylum scheduling bulletin has been taken down.

USCIS will give priority to recent filings. USCIS says to do so will reduce the incentive to file for asylum solely to obtain employment authorization. USCIS says if the cases are processed quicker, it will allow the government promptly place such individuals into removal proceedings. USCIS will now schedule asylum interviews in the following order of priority:

  • First priority: Applications that were scheduled for an interview, but the interview had to be rescheduled at the applicant’s request or the needs of USCIS.
  • Second priority: Applications that have been pending 21 days or less.
  • Third priority: All other pending affirmative asylum applications will be scheduled for interviews starting with newer filings and working back towards older filings.

In addition, Asylum office directors may consider, on a case-by-case basis, an urgent request to be scheduled for an interview if such request is submitted. Source: USCIS Website

微商微店会属于非法就业吗？

美国移民法律上来说，“就业”一词通常是指个人提供服务或劳动，并为这些服务支付报酬的关系。如果没有工作授权，接受任何服务的报酬可能导致违反签证状态。

移民上诉委员会认为自雇也是“就业”。因此，经营业务是违反非移民类签证的身份，比如是旅游签证，学生签证等等。另外来说，如果在在美国在外国公司工作，也是不允许的 – 任何在美国完成的工作，即使对于外国公司，即使支付给外国银行账户，仍然在美国被视为“就业”，必须要有授业文件。这样来说的话，在美国境内的微商微店都可能触犯非法就业。

在没有工作授权的情况下，持非移民性签证的人可能可以在美国当志愿者或者被动地投资在美国。临时签证持有人可以管理自己的投资，如股票和物业，甚至可以购买正在经营的业务，只要他/她不提供任何劳动或服务，并且不积极经营业务。但是，每个签证都是为特定目的签发的，而且签证持有人预计将花大部分时间从事签发签证的活动。如果没有工作授权，投资管理，和志愿服务应该仍然是临时签证持有人在美国的经验的外围组成部分。

未经授权的雇佣：1）可能违反了非移民签证身份; 2）可能导致逮捕，并可能从美国递解出境; 3）将导致拒绝延长或改变签证; 4）可能在几年后发现签证申请人犯有签证欺诈行为，从而无法转变绿卡; 5）如果加上在I-9表格上对美国公民身份作假，可以导致永久不可受理公民申请递解出境，没有豁免可用。

Temporary Protected Status (TPS) Extended for Nepal for an Additional 18 Months, Through June 24, 2018

USCIS announced today the current TPS Nepal beneficiaries who want to extend their TPS must re-register during the 60-day re-registration period that runs from October 26, 2016 (Today) through December 27, 2016. The 18-month extension allows TPS re-registrants to apply for a new Employment Authorization Document (EAD).

Those who re-register during the 60-day period and request a new EAD will receive one with an expiration date of June 24, 2018. Some re-registrants may not receive their new EAD in time. USCIS will automatically extending current TPS Nepal EADs with a Dec. 24, 2016. These existing EADs are now valid through June 24, 2017.

To re-register for TPS, current TPS beneficiaries must submit:

STEM by Numbers: 42 Percent of All International Students, and Among Them, Mostly Asians

According to a new report released by the Student and Exchange Visitor Information System (SEVIS), more than 40 percent of all international students on F and M visas in the United States study science, technology, engineering and mathematics (STEM). Among all of them, nearly 90 percent are from Asian countries. Within the United States, the state with the largest number of STEM international students is California.

Students with F-1 visas studying any STEM program is eligible to apply for a 24-month STEM OPT extension and Employment Authorization Document (EAD).

STEM programs

根据学生和交换访问者信息系统（SEVIS）发布的一份新报告，在美国，超过40％的F和M签证国际学生学习科学，技术，工程和数学（STEM）。 近90％来自亚洲国家. 拥有最多STEM国际学生的州是加利福尼亚州。

有F-1签证学习任何STEM计划的学生有资格申请24个月STEM OPT延期和就业授权文件（EAD）。

Trends and Improvements Section on Study in the States and New Form I-17 Filing Process

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In October 2016, the Department of Homeland Security launched a new Study in the States page. Prospective and current international students on F and M visas can use this page to learn about the process and rules for studying in the United States. The website explains a lot of legal and complicated terms, such as STEM OPT Extensions, designated school officials (DSOs), Employment Authorization Document (EAD), and etc.

The Student and Exchange Visitor Program (SEVP) also rolled out a new Form I-17, “Petition for Approval of School Attendance by Nonimmigrant Student,” in the Student and Exchange Visitor Information System (SEVIS). The new SEVP implement a 10-day turnaround on all DSO update requests.

 

 

USCIS Increases Validity of Work Permits to Two Years for Asylum Applicants 移民局提高庇护申请者工卡的有效期到两年

Effective October 5, 2016, U.S. Citizenship and Immigration Services (USCIS) has increased the validity period for initial or renewal Employment Authorization Documents (EAD) for asylum applicants from one (1) year to two (2) years. Applicants with pending asylum claims file Form I-765, Application for Employment Authorization, under category (c)(8). This change applies to all (c)(8)-based applications that are pending as of October 5, 2016 and all such applications filed on or after October 5, 2016.

从2016年10月5日开始，美国移民服务局（USCIS）延长了对未决的庇护申请者的初始或延期的就业授权文件（EAD）。从现在起，未决的庇护申请者的一年工卡有两年的有效期。庇护申请人提交I-765，就业许可申请，根据类别(c)(8)。所有(c)(8)为基础的未决的工卡申请，在2016年10日当日或之后提出的所有此类应用程序的应用程序都符合这个新的规定。