Do Unemployment Insurance and Pandemic Unemployment Assistance Count Toward the Public Charge Determination?

After the stimulus payment plan was introduced, many people worried whether receiving unemployment insurance benefits would be considered a public charge, thereby affecting green card renewal and sponsorship.

Unemployment Insurance Does Not Count

USCIS Policy Manual Chapter 10 – Public Benefits explicitly states that Unemployment Insurance is not considered a public charge; it is an earned benefit. That is, you have already paid unemployment insurance premiums, and now you are merely receiving the "returns" of the insurance. The original text is in Policy Manual Chapter 10 – Public Benefits Part B.1:

B. Public Benefits Not Considered

• Unenumerated Public Benefits: The following is a non-exhaustive list of public benefits that USCIS does not consider in the public charge inadmissibility determination as they are considered earned benefits: Federal Old-Age, Survivors, and Disability Insurance Social Security benefits (SSDI); Social Security; Veteran’s benefits including but not limited to HUD-VASH, and medical treatment through the Veteran’s Health Administration; Government (including federal and state) pension benefits and healthcare; Unemployment benefits; Worker’s compensation; Medicare; or Federal and state disability insurance.

[add-series id=511][note]Recent immigration and visa policy changes [/note]

Pandemic Unemployment Assistance

Applying for Pandemic Unemployment Assistance (PUA) likewise does not count as a public charge. According to the explanation provided by the National Law Review:

The CARES Act expands on basic unemployment benefits through three programs: Pandemic Unemployment Compensation (PUC), Pandemic Emergency Unemployment Compensation (PEUC), and Pandemic Unemployment Assistance (PUA). These programs increase coverage and availability, but eligibility criteria are still determined by individual states. Some states have temporarily waived eligibility requirements due to COVID-19, including the able and available requirement. This waiver may expand the types of non-U.S. workers who qualify for unemployment benefits in those states. Additionally, some states have waived waiting periods and increased payments. Unemployment benefits are considered earned benefits and will not factor into a public charge determination.

• {https://gonglue.us/53242}

[add-post id=2494] [note] Trump's new public charge rule for green cards was rescinded by Biden [/note]