can a recently laid off TN holder receive UI while remaining in the US?

S

Smatpanah

New Member
I am Canadian citizen on a TN visa and want to apply for unemployment benefits. Having done my research I noticed that I have to be in Canada to be able to apply/receive UI. I understand that might be because I need to surrender my TN visa by crossing the border, but is there any possibility that I could come back to US as a regular visitor and receive the UI while residing in the united states?

I mean do I need to physically be present in Canada to receive UI? Is this an EDD or an immigration matter?
 
If you have been laid off, under what status do you intend to reside in the US? Visitor status only gives you visitation privilege, not residency privilege. Secondly, generally after leaving a job on TN and going back to Canada, CBP would want to see you have established home ties in Canada (which can take a few months) before they let you in again
 
Thank you for your reply.
1) So this issue is mostly immigration matter rather than EDD?
2) Does that mean if I have visitation prevalagas I can not collect unemployment from USA? I called EDD In US and they said I can qualify to review $450 per week. Does that mean I have to be only in Canada to receive this benefit?
3) What if I go back to my birth country (Iran).
Thank you.
 
To qualify for unemployment benefits in the US, you have to be able to work, which includes that your immigration status authorizes you to work. You are not generally authorized to work in the US right now, so you do not qualify for unemployment benefits in the US. Whether your unemployment benefits can transfer to Canada, that I don't know.
 
A TNer must return to Canada and serice Canada will coordinate his UI with the state he worked in. This has always been the case.
 
Thank you so much for clarifying this.

If a TNer does not get laid off, but asked to take unpaid leave for a certain period of time. Can she receive the unempkoyement benefits in US?
 
Technically, you are not in status anymore. However, usually when a firm "furloughs" employees, they do so with some form of agreement with the State UI board. This *might* entitle you to UI.

However, you are no longer in TN status at that point, since this "benching" is a violation of status. You would need to (a) first get another status (usually B2 by mail, or a dependent status from spouse) and (b) seek UI from the state under that agreement, in order to collect UI in US.
But this is very rare, and not always successful, while going back to Canada ALWAYS results in benefits being paid.
 
Could you please explain the part that I am not on status again. If my employer keeps me as his employee and asks me to get unpaid leave then I will still be on the TN visa with that company. Right? :)
 
No. You will not need to get a new TN when you are "re-hired", but you are not in TN. This is a tactic known as "benching", and puts you out of status -- particularly since they will stop paying you.
Read this legal opinion.
https://www.tnvisabulletin.com/nafta-tn-blog/2008/1/23/tn-visa-effect-of-potential-recession.html
"If you are laid-off but expect to resume employment shortly, an argument may be made that the lay off is temporary and does not invalidate your TN visa status. Nonetheless, remaining in the U.S. during this time may not be the most prudent course of action. While you may make a legal argument that you are still in TN status, U.S. immigration officials may think otherwise. To avoid complications, it may be better to depart the U.S. or change to an alternative non-immigrant status during this period. You can then apply for a new TN once your employer needs your services again. This way, immigration officials cannot question your maintenance of status. It's always better to avoid an immigration issue when possible, rather than to try and clean one up."​
In you case, since you seem to be intent on going to the government to claim UI, this would be a very highly visible case of being out of status and the govt knowing it. If you were just laying low, that is one thing. You are seeking to tell the world you have been benched. Not "prudent".

Btw, many state employment agencies have SPECIFIC wording that disallows payment of EI benefits to workers on TN, H1-B, etc, so this may be a moot point.
Either find a new job, or go back to Canada to collect UI.
 
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I'm not sure if any of the responses actually answered the OP's original question, which wasn't about being admitted to the US but was about whether, if successfully admitted to the US, someone could continue to receive UI after applying in Canada.

Of course Mister and nelson are correct that someone might not be able to immediately return to the US as a visitor, but it is certainly possible they could re-establish Canadian residency well before the UI benefits run out and then persuade CBP to admit them as a visitor. The original question--so far unanswered--would then seem to come into play.

The following site may provide an answer:

Applying for Employment Insurance Benefits

Read the following:

Can you leave Canada temporarily and still get EI regular benefits?
Usually, you cannot receive regular benefits while you are out of Canada. But you can receive regular benefits if you show that you are available for work in Canada while abroad, and you tell your local Service Canada Centre that you will be away temporarily.

You can be outside Canada for up to 7 consecutive days to do one of the following things:

  • attend the funeral of a member of your immediate family or a close relative.
  • accompany a member of your immediate family to a medical facility, if the treatment sought is not readily available where the family member lives in Canada.
  • visit a member of your immediate family who is seriously ill or injured.
  • attend a bona fide (legitimate) job interview.
You can also be outside of Canada for up to 14 days in a row for a legitimate job search.

So it does appear that short absences from Canada for the purposes of a job search (for example in the US) won't result in any interruption in benefits. Presumably based on the wording above longer absences may present more of a problem.
 
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Indeed. Of course to receive these benefits, one would then also be establishing the required Cdn residential ties that would subsequently allow them to be admitted like any other Cdn resident.

Going back to the original post, the eligibility for requesting UI from Canada has nothing to do with "surrendering" your I-94 at the border. it has to do with being unemployed and living is a jurisdiction where you are "immediately employable", which, in our posters case, is Canada.
Keeping the I-94 or not has no bearing.
 
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