VOLS is proud to extend our Unemployed Workers Project’s services to immigrant New Yorkers, providing increased access to eligible Unemployment Insurance (UI) benefits. Thousands of New Yorkers continue receiving notifications from the New York Department of Labor (DOL), informing them that they had been overpaid in UI benefits and will need to pay back significant sums. VOLS, in collaboration with the New York City UI Coalition, continues to advocate to the Department of Labor the need for an overpayment waiver process. While we have made some progress in emphasizing the urgent need for this waiver process for claimants facing tens of thousands in alleged overpayments, the fight for an equitable process continues.
VOLS client, Ms. M, an asylum-seeker from Guinea, lost her job as a school bus aide when the pandemic hit in March 2020. When her employer suggested that she file for unemployment, she did. Soon after, she started receiving federal unemployment benefits, which were a lifeline.
As Ms. M’s work permit was expiring in the coming months, she and her pro bono immigration attorney had already started working to get her renewal application (Form I-765) filed. There were several delays due to pandemic restrictions, but they were able to complete it well in advance of the expiration of her then-current work permit.
Due to Trump-inspired rejections and delays at USCIS, Ms. M’s application was not received by USCIS prior to her previous work permit expiring. They rejected the first submission and then sat on the second submission, causing the official date of receipt to be past her deadline. She therefore did not obtain the automatic 180-day extension and had a gap in her work permit. Ms. M, however, wasn’t aware of these difficulties and delayed submission. Unaware of this complexity and fully believing she was eligible, Ms. M recertified her eligibility 1for unemployment benefits week after week throughout the summer and into the fall. She finally obtained her new work permit in the fall.
In late Spring 2021, Ms. M received a notice from the Department of Labor accusing her of not being eligible while she did not have a work permit and demanding repayment of $5,511. Working with her immigration attorney to recount the steps they took to submit her I-765 work permit application, we submitted evidence in support of her case. VOLS Unemployed Workers Project advocates have a deep understanding of the intersection of immigration law and unemployment insurance law, and were well positioned to represent Ms. M at her administrative hearing.
The Administrative Law Judge considered our several novel arguments and ultimately ruled in favor of Ms. M., who is overjoyed and relieved to no longer have to repay this large amount of money.