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MS 300.00 Immigration

Click on the case numbers below to access decisions which address special issues for claimants with immigrant status.

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.

0024 3279 66

0024 3279 66 (Aug. 20, 2019) – Employer’s directive to provide proof that the claimant had requested a new Green Card for continued employment, where the employer had a copy of his old one, was unreasonable. The request was prohibited by the USCIS, because lawful permanent residents have permanent work authorization in the United States, even after their Green Cards expire. Claimant may not be denied benefits under G.L. c. 151A, § 25(e)(2), for failing to comply with an unreasonable expectation.

0021 8150 72

0021 8150 72 (Dec. 22, 2017) – Claimant acted diligently in seeking work authorization from the USCIS. When it did not come through in time, it was for reasons beyond his control. His separation is deemed to be involuntary due to urgent, compelling, and necessitous circumstances.

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).

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