I am working based on my H-4 EAD and was recently laid off. Will I be considered a public charge if I apply for unemployment benefits?


Unemployment insurance payments (commonly referred to as “unemployment benefits”) are not generally taken into consideration for purposes of making a public charge determination. As the U.S. Department of Homeland Security (DHS) explained when it released the final rule revising the definition of “public charge,” unemployment benefits are not “…public benefits under the public charge inadmissibility determination as these are considered to be earned benefits through the person’s employment and specific tax deductions.” (12.Sep.2019)

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Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.