H1B Unemployment Insurance

What will happen To migration status in the future or current if a H1B applies for unemployment?

I read the Q&A on the site and I understand they cannot apply. Except I know a H1B visa holder who went ahead and applied (because the boss say it’s ok during this pandemic). Got a denied decision and gave the person a chance to appeal. Which the person did. Would immigration (USCIS) know the person was laid-off or if DOL knows the person is H1B recipient?

USCIS runs a background check at the time of green card application and it is possible that it comes up in those checks.

Nobody knows and that’s the reason attorneys are recommending to not apply for it.

This person went ahead and appealed as well even though he knew that he is not eligible for it shows that he does not care.

Thank you for your prompt response. If or when this person receive the UI payments will USCIS be notify of their status?! With all that is going on could it possible DOL/USCIS overlook their immigration status?!

I cannot guess as to what will USCIS do. You can’t really expect any government agency to overlook your mistakes.

They usually look at everything. And yes, you will have to prove that you never applied for any government assistance that can be counted as public charge. You will have to sign the form yourself after declaration.

So, even if they ignore, you will have to tell it by yourself.

Hi anil ,
My wife is working full time on h4ead . Recently she has given furlough from next week .
Their HR and attorney are recommending to apply for unemployment benefits .
Shall we proceed to apply ?
Or any further issues later on to my Greencard

Hi @sasikanth_dasari

Did your read this?

Yes . It is saying yes and no .
Will it come under public benefits ?
If we decide to apply

So the person (H1B visa holder) got the unemployment benefit. So I do believe that it’s a “myth” that H1B can not applied.