Q: Can I apply for unemployment after being laid off while on Stemm OPT with a valid work permit?
I was recently fired from my job after working for 1 year and 6 months. I am on Steem opt with a valid EAD card. I would like to know if I can apply for unemployment in PA.
A:
As an international student on STEM OPT (Optional Practical Training) with a valid Employment Authorization Document (EAD), your eligibility for unemployment benefits can be complex. Here are a few points to consider:
1. Unemployment benefits are typically available to workers who lose their jobs through no fault of their own, such as layoffs. Eligibility for international students may vary by state.
2. In Pennsylvania, you may be eligible for unemployment benefits if you meet certain criteria, such as having earned sufficient wages during a specific base period and being legally authorized to work in the U.S.
3. However, it's essential to note that receiving unemployment benefits might be considered a violation of your F-1 visa status, as it could be interpreted as accepting public benefits. This could potentially jeopardize your future visa applications or immigration status.
4. If you are on STEM OPT, you have a 60-day grace period to find a new job or depart the United States after your employment ends. During this time, you may not be eligible for unemployment benefits.
Given the complexities involved, it is highly recommended that you consult with your school's international student services office and an immigration attorney specializing in F-1 visa matters. They can provide guidance specific to your situation and help you understand the potential risks and consequences of applying for unemployment benefits while on STEM OPT.
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