Unemployment Benefits: Are International Students Eligible?

International students on an F-1 visa are eligible to work off-campus in the United States on a case-by-case basis under special circumstances, such as economic hardship. However, it is unclear whether unemployment benefits are extended to international students in the US. The Federal-State Unemployment Insurance Program provides benefits to eligible workers who are unemployed through no fault of their own and who meet other eligibility requirements under state law. To receive these benefits, one must file a claim with the unemployment insurance program in the state where they worked.

Are international students eligible for unemployment benefits?

F-1 students' eligibility for unemployment benefits

F-1 students are eligible for unemployment insurance as long as they meet the requirements for unemployment. However, their F-1 immigration status has no impact on their eligibility to apply for unemployment. Due to employment restrictions on F-1 visas, they may not be eligible because they are not meeting their state's requirements. For instance, some states require that the individual is actively searching for employment to be eligible for unemployment benefits. However, this does not consider the fact that F-1 students cannot work off-campus and thus cannot meet the requirement to actively search for employment.

In the United States, foreign national employees, including F-1 students, may be eligible for unemployment benefits depending on the circumstances. They are considered non-immigrants, meaning they are neither U.S. citizens nor lawful permanent residents (green card holders). They usually fall under the H-1B, E, L, O, and the TN temporary work visa categories. The CARES Act provides $2 trillion in direct financial assistance, including unemployment insurance (UI) benefits, to eligible individuals.

To seek off-campus employment, an F-1 student must obtain permission from the DSO, who will then enter it into SEVIS and provide the student with a Form I-20, "Certificate of Eligibility for Nonimmigrant Student Status." The student must then file a Form I-765, "Application for Employment Authorization," and pay a fee to USCIS within 30 days of receiving the Form I-20. If approved, the student will receive a Form I-766, "Employment Authorization Document," (EAD) from USCIS and can begin working off-campus. The off-campus employment authorization is valid for one year or until the completion of the program, whichever comes first.

It is important to note that unemployment benefits may not affect an F-1 student's ability to pursue a green card in the future. However, it is recommended to consult an attorney to understand the potential implications on a case-by-case basis.

M-1 students' eligibility for unemployment benefits

M-1 students are nonimmigrants in the United States who are enrolled in vocational or other non-academic programs. M-1 students are eligible to engage in practical training only after they have completed their studies. Any off-campus training or employment must be related to their area of study and must be authorized by the Designated School Official and USCIS.

M-1 students are generally considered nonresident aliens under the residency rules of IRC Section 7701(b) if they have been in the United States for less than five calendar years. These nonresident alien students are exempt from Social Security and Medicare Taxes on wages earned for services performed within the United States.

To qualify for the exemption, the services performed must be allowed by USCIS for M-1 nonimmigrant status and must be carried out to fulfil the purposes for which the M-1 visa was issued. On-campus student employment is limited to 20 hours per week, except during summer vacations when it can be up to 40 hours per week.

Regarding unemployment benefits, each state in the US has its own eligibility rules, and there is no federal unemployment program. While I cannot find specific information about M-1 students' eligibility for unemployment benefits, it appears that non-US citizens can apply for unemployment benefits, but their legal authorization to work in the US must be verified. This verification is required by the Immigration Reform and Control Act of 1986.

In general, eligibility for unemployment benefits is based on factors such as earnings, the reason for job loss, availability for work, and actively searching for new work. Thus, M-1 students' eligibility for unemployment benefits would likely depend on the specific state's requirements and their individual circumstances, including their work authorization and the reason for their unemployment.

Emergent circumstances and economic hardship

Special Student Relief (SSR) is a measure implemented by the Department of Homeland Security (DHS) to support international students facing emergent circumstances. The DHS may suspend certain regulatory requirements, such as duration of status, full course of study, and on-campus or off-campus employment restrictions, to provide relief for affected students. The eligibility for SSR is determined by the DHS secretary and is typically offered to students from specific regions or countries experiencing these emergent circumstances.

To qualify for SSR, international students must demonstrate that they are experiencing severe economic hardship as a direct result of the emergent circumstances. This can include situations where their source of financial support has been impacted, leading to difficulties in continuing their education. Emergent circumstances may also include unforeseen events such as loss of financial aid or on-campus employment, substantial fluctuations in currency value or exchange rate, or unexpected medical bills.

In response to emergent circumstances, the DHS publishes a Federal Register notice specifying the start and end dates of the suspension of regulatory requirements. This notice provides information about the eligibility criteria and the duration of the relief offered. International students seeking SSR should refer to the Federal Register notice to understand the specific requirements and procedures.

To apply for SSR, international students may need to submit relevant forms, such as Form I-20 or Form I-765, along with supporting documentation. It is important for students to consult with their Designated School Official (DSO) to ensure they meet the eligibility criteria and complete the necessary steps for SSR or severe economic hardship considerations.

In conclusion, emergent circumstances and economic hardship provisions aim to support international students facing unexpected financial difficulties due to events beyond their control. By offering Special Student Relief and considering severe economic hardship cases, educational institutions and government agencies strive to provide relief and assist students in maintaining their academic pursuits during challenging times.

Practical training and internships

F-1 Visa and CPT/OPT

Full-time students on an F-1 visa can apply for internships, but they are limited to working 20 hours per week for part-time internships related to their curriculum. CPT (Curricular Practical Training) requires students to have completed their first year of college, and their internships must be connected to their degree program. OPT (Optional Practical Training) allows students to work full-time in the US for up to 12 months, with an additional two years possible for STEM degree holders.

J-1 Visa

The J-1 Visa is for students who are not enrolled full-time in an academic program. It allows them to work in the US as trainees for up to 18 months in academic training. The Institute for International Education and Exchange (IIEEX) is a designated J-1 Visa Program Sponsor and can help students navigate the rules and regulations for a successful internship placement in the US.

University Career Services

Universities often have dedicated international student offices or career services that can assist in finding internships and understanding visa regulations. Professors and mentors can also provide valuable guidance and help students navigate the path to rewarding internship experiences.

Virtual Internships

Virtual internships with US companies are an attractive alternative to on-site internships, offering international students the opportunity to gain practical experience remotely while residing in their home country or during their semester.

US Government Exchange Programs

The US Government offers exchange programs like the Fulbright Program and the International Visitor Leadership Program (IVLP), which provide internship and research opportunities for international students.

US Department of State Student Internship Program

The US Department of State offers a Student Internship Program with opportunities to work in various geographic and functional bureaus, gaining experience in diplomacy and foreign affairs. The program covers reasonable travel expenses and assists with housing.

Eligibility for non-US citizens

In the United States, unemployment insurance is a joint federal-state program administered separately by each state following federal law guidelines. While the requirements of these programs vary from state to state, eligibility criteria generally exclude non-immigrants whose work authorization is tied to a specific position with a specific employer.

During the COVID-19 pandemic, some states relaxed or waived eligibility criteria, allowing some non-immigrants to become eligible for unemployment benefits if they were furloughed or had reduced hours. For example, in California, the work search requirement was waived for workers who were "temporarily unemployed due to COVID-19 and expected to return to work with [their] employer within a few weeks." Similarly, Oregon extended benefits to those who were temporarily out of work.

The CARES Act, signed into law by President Donald Trump in March 2020, provided $2 trillion in direct financial assistance, including unemployment insurance (UI) benefits, to eligible individuals. Immigrants and foreign nationals in the United States may be eligible for some or all of the listed benefits, depending on the circumstances. Lawful permanent residents, or "green card" holders, are considered resident aliens unless they voluntarily renounce their status. A foreign national is generally considered a resident alien for tax purposes if they meet the substantial presence test for the calendar year, having been physically present in the United States for a designated minimum period.

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