Understanding the Impact of COVID-19 on Unemployment, the Public Charge Rule, and Immigration Status
/These are challenging times. In late March, due to COVID-19 unemployment claims soared to 3.3 million - the highest in U.S. history. At L.I.H. Law, we are receiving many inquires regarding how COVID-19 affects employment, the Public Charge Rule, and immigration status. Below, we provide general guidance and resources to the common questions we have received.
What happens if my work becomes affected due to COVID-19 (Coronavirus)?
COVID-19 may affect your work in many different ways:
Loss of employment (layoff),
Decrease in work hours due to the closure or negative impact of COVID-19 on the employer's business,
Cannot work because you are quarantined because you are ill, or
Cannot work because you are caring for minors, as a result of the school closures, among other possible events.
Under these scenarios, know that Washington State provides certain benefits that may help you, including:
Unemployment benefits,
Medical leave and family leave.
What are the unemployment benefits?
If you lost your job through no fault of your own due to the COVID-19 situation (laid off), you could apply for unemployment benefits. This benefit is based on your work history, not on your financial needs. The unemployment benefits will help you replace some of your income while you get another job. If you quit without being removed by your employer, you may still be eligible for unemployment benefits if the cause of resignation is justified. You can find the justifiable reasons for resignation here: https://esd.wa.gov/unemployment/quit
Are unemployment benefits considered public benefits under the Public Charge Rule?
No. The public charge rule expressly excludes unemployment benefits from consideration.
I have no legal status, do I qualify for unemployment benefits?
You may qualify for this benefit as long as you have worked legally (with authorization), meet specific criteria of hours worked, and have a valid social security. Keep in mind you do not necessarily need to be a U.S. Citizen or legal permanent resident to work lawfully. You may be working legally if you have a work permit, for example, if you obtained a work permit while your permanent residency application was pending, among other circumstances.
What if I lose my job temporarily or have my work hours reduced due to the COVID-19?
You may be eligible for unemployment benefits, and generally do not have to look for another job as long as you are in regular communication with your employer and agree to work remotely (if this is a possibility). This eligibility also applies to part-time employees who have met a minimum number of hours worked.
Can I apply for unemployment benefits if I am an independent contractor (“a gig worker”)?
If you lost your job due to COVID-19, you are likely eligible for unemployment benefits.
How can I apply for unemployment benefits?
In Washington State, you can apply for these benefits online or via the phone. Follow the instructions in the following links to submit your application:
https://esd.wa.gov/unemployment (English) or https://esd.wa.gov/esp (Spanish).
What information or documentation is needed to apply for unemployment benefits in Washington?
Below is a link with a list of the information and documentation you need to apply for unemployment benefits.
Are there other benefits that I can apply for during this crisis?
During this emergency, if you are unable to work, either because you are sick or because you are caring for others who are ill or for children who are home due to school closures, you can apply for paid medical or family leave. These benefits are provided by the State if your employer does not offer them and are different from unemployment benefits.
Medical or family leave benefits CANNOT be used at the same time as unemployment benefits, and the difference between these is the availability to work of the person applying for benefits. For unemployment benefits, you remain able to work, while for medical or family leave you can not.
If I don’t have legal status, do I qualify for Medical and Family Leave (FMLA) benefits?
It is not clear. Going by the unemployment rules, you may be eligible for these benefits if you have worked legally and meet certain amount of hours worked. If you have any questions, you can email your questions about these benefits to paidleave@esd.wa.gov.
Is the Medical and Family Leave (FMLA) considered public benefits under the Public Charge Rule?
Like the previous answer, this is not clear. There are arguments to be made that the FMLA is not a public benefit subject to the Public Charge Rule since it is not based on economic need but employment history.
How can I apply for Medical and Family Leave?
If you need medical or family leave benefits, visit the following links to learn what you must do to apply for the benefits: https://paidleave.wa.gov/ (English) / https://paidleave.wa.gov/es/ (Spanish). You can apply online or submit a paper application. Here is the link where you can apply: https://paidleave.wa.gov/apply-now/
We hope this information is helpful, and we wish you and your loved ones to stay safe during this crisis. Please keep in mind that this information is a general guide, and not legal advice for your specific case and situation.
If you have additional questions regarding your particular case, we recommend that you schedule a consultation with our office, 206-838-7628, (if it relates to immigration matters) or contact the Washington Department of Labor or a labor specialist (if it relates to employment matters or unemployment benefits).
We are dedicated to providing the right solutions to meet our clients’ immigration needs. Our entire staff is fluent in Spanish.
📱Call today to set-up a consultation 206-838-7628
