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AA 200.00 Immigration status

Click on the case numbers below to access eligibility decisions concerning immigration status and a claimant's availability for work.

0078 2560 21

0078 2560 21 (May 10, 2024) – To show that she was available to work pursuant to G.L. c. 151A, § 24(b), the claimant, a Canadian citizen, presented an expired Permanent Resident Card with a different surname than that used to file her claim.  Whereas the work authorization granted under Permanent Resident Card does not expire, the claimant failed to provide substantial evidence that she had formally changed her surname from that appearing in the Permanent Resident card to that used to file her claim.  Lacking this identifying information, she is ineligible for benefits because she did not demonstrate that she was authorized by the USCIS to work in the United States during her benefit year.  

N6-F8DP-L8PK

N6-F8DP-L8PK (Mar. 2, 2021) – To be available for work under G.L. 151A, § 24(b), the claimant, a non-citizen, must show USCIS employment authorization during his benefit year.  The claimant demonstrated that he had USCIS employment authorization during his base period, but only during a portion of his benefit year.  Therefore, he is eligible for PUA benefits only beginning the date that his USCIS employment authorization was re-instated.

0019 4545 15

0019 4545 15 (Dec. 2, 2016) – For purposes of G.L. c. 151A, § 24(b), a non-citizen could establish that he was legally permitted to work in the United States by presenting a driver’s license and a U.S. Social Security card (other than a card stating it is not valid for employment).

BR-115462

BR-115462 (Jan. 14, 2011) -- Although the claimant, a Liberian national, did not have a formal Employment Authorization Document during the base period, the combination of automatic government extensions of her work authorization documents and formal applications to the USCIS satisfied a majority of the Board that she was permanently residing under color of law (PRUCOL).  She may not be disqualified under G.L. c. 151A, § 25(h).

BR-110292

BR-110292 (Dec. 6, 2010) - Claimant, a citizen of Cape Verde, was permanently residing under color of law (PRUCOL) during the base period within the meaning of G.L. c. 151A, sec. 25(h), and was able and available for work during the benefit year under G.L. c. 151A, sec. 24(b).  The documentary evidence established that he entered the country legally, held conditional residency status, was granted employment authorization and extensions of such authorization, was in regular contact with USCIS, and was ultimately granted lawful permanent resident status retroactively.

BR-109625

BR-109625 (May 26, 2010) - Canadian citizen was ineligible for benefits under G.L. c. 151A, sec. 24(b), because he was not authorized to work during the benefit year.  When he lost his job, the claimant lost his H-1B visa status, which had allowed him to work for that employer only.  Although he resided here lawfully during the benefit year under an H-4 visa, Department of Homeland Security regulations prohibit his employment until the claimant gets a visa classification that authorizes him to work.

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