Unemployment Insurance for Undocumented Workers in CALIFORNIA

Common Questions and Answers
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Question 1: Can I apply for unemployment insurance if I am undocumented?
In order for a worker to collect unemployment insurance, a worker must be both “able to work” and “available for work” for the week unemployment is sought.[1] The California Employment Development Department has determined that persons who are undocumented are not legally eligible to work and therefore not “available to work.” As a result, an undocumented worker who is working without a valid unexpired work permit is not eligible to apply for or receive unemployment insurance.

Question 2: Can I apply for unemployment insurance if I have a valid work permit?
Yes. A worker who has a valid work permit and who is both able and available for work can apply for unemployment insurance. A valid work permit is one that was acquired lawfully and is not expired.

Question 3: Can I apply for unemployment insurance if my work permit has expired but my work permit application is currently pending with USCIS?
It depends. On January 17, 2017, USCIS began automatically extending certain work permits for persons whose work permits were expiring and had a work permit application pending with USCIS. A person gets an automatic extension if they:

• Filed their renewal work permit application before their current work permit expired; and
• Their work permit is under a category that is eligible for an automatic extension. These categories are A03, A05, A07, A08, A10, C08, C09, C10, C16, C19, C20, C22, C24, C31[2] and
• The category on their current work permit matches the “class requested” category on the work permit receipt notice (“Notice or Action”).[3]

If all these requirements are met, the extension granted is for 180 days and it begins on the date the work permit expires and continues for up to 180 days unless the renewal application is denied.[4] This means that if your work permit expired on March 20, 2020, for example, and you have met all the requirements for an automatic extension, your work permit expiration date is automatically extended until September 16, 2020.

Question 4: If I don’t know how to answer a question on the unemployment application should I guess or pick the answer that I feel is the most accurate?
NO! I always tell my clients to ask for help whenever they are unaware of how to answer questions related to a government benefit or application. Mistakes can be costly and damaging for you. If you have any doubt or are unsure of how to answer a question on your unemployment application call or email your local unemployment office or speak to your attorney.
 
Question 5: Where can I find the unemployment application?
You can go to https://www.edd.ca.gov/unemployment/File_an_Unemployment_Insurance_Claim.htm to file a claim. There is a link at the top that allows you to switch the language from English to Spanish and vice versa. This page also has links to additional resources such as frequently asked questions, forms and publications.


[1] See Unemp. Ins. Code Section 1253(c)

[2] See https://www.uscis.gov/working-united-states/automatic-employment-authorization-document-ead-extension

[3] See https://www.uscis.gov/i-9-central/42-automatic-extensions-employment-authorization-documents-eads-certain-circumstances

[4] See id.