I hold H-1B. Can I apply for unemployment benefits due to the impact of COVID-19?
I hold H-1B. I’m currently waiting at home due to the impact of COVID-19. I’m not receiving my weekly wage — I’d like to know if I’m eligible for unemployment benefits, and whether applying could cause a problem for my status later.
For an H-1B holder, if you’re not being paid the required wage, a temporary unpaid leave is permitted, but if you actually receive unemployment benefits, this would effectively be interpreted as having been terminated from your job — meaning applying for unemployment benefits carries a high risk of being interpreted as loss of your visa. Your work status (H-1B) would effectively be extinguished, and you would be in a position where you’d need to return to Korea.