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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.

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 (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 (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 (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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