Citizenship and legal rights

Learn more about how to claim your unemployment benefits if you are not currently a U.S. citizen.

Citizenship and immigration requirements

To determine if you're eligible for unemployment benefits, federal rules require you to declare under penalty of perjury whether you are a United States (U.S.) citizen or national.

If you are not a U.S. citizen or national, you need to present immigration documents to verify you are authorized to work in the U.S.

How to apply for benefits as a noncitizen

If you are not a U.S. citizen or national, follow the steps below to apply for unemployment benefits.

  1. Start your application

    For more information, learn how to apply for unemployment benefits.

  2. Provide your immigration documents

    When you apply, provide your noncitizen immigration documents so we can verify your work authorization. If you cannot provide them when you apply, we'll send you a letter asking you to submit them.

  3. Answer the application questions

    We'll ask you the following questions about your immigration status:

    • Were you legally entitled to work in United States in the last 24 months?
    • What is the most recent immigration document you have?

    Immigration documents you can provide

    • I-327 Reentry Permit.
    • I-551 Permanent Resident Card.
    • I-571 Refugee Travel Document.
    • I-766 Employment Authorization Card.
    • I-94 Arrival/Departure Record.
    • I-94 Arrival/Departure Record in Unexpired Foreign Passport.
    • Immigrant Visa.
    • Temporary I-551 Stamp (on passport or I-94).

Required I-94 information

If you have an I-94 Arrival/Departure Record in an Unexpired Foreign Passport, enter the following information when you apply for benefits:

  • Your passport number.
  • Your I-94 number.
  • The expiration date.

If your I-94 has no expiration date

Your unexpired foreign passport may have a duration of stay (D/S) instead of an expiration date. If so, you can provide one of the following dates from your I-94 Arrival/Departure Record:

  • Creation date.
  • Date of entry.

If you have a valid passport, you can enter the expiration date on your passport.

If you do not have your I-94

If you do not have a copy of your I-94, follow these steps:

  1. Visit the Department of Homeland Security's I-94 website.
  2. Select "Get Most Recent I-94" to request an electronic copy.

If you cannot get an electronic copy, request a copy of your I-94 from U.S. Citizenship and Immigration Services.

Undocumented workers

You need to be authorized to work in the U.S. to be eligible for unemployment benefits. However, you may qualify for paid family and medical leave if you are seriously ill or caring for someone who is seriously ill.

Visit the websites below to learn more:

Applying for citizenship or a green card while receiving benefits

You can still apply for citizenship or a green card while receiving unemployment insurance or paid family and medical leave benefits. These programs are not included in the public charge rules.

How we verify your immigration status

We verify your immigration status through the Systematic Alien Verification for Entitlements (SAVE) interface system. U.S. Citizenship and Immigration Services (USCIS) manages the SAVE program.