The reason why the US will pay UI to Canadians is because of the Agreement Respecting Unemployment Insurance of 1941 (which has been amended a ton of times since). It supposedly integrates both country's UI systems. But, in reality, it just makes one country pay benefits to the nationals of the other country upon return to their country. Therefore, you must be in Canada when you make your claim. This is partly because you are legally entitled to work in Canada, but not in the US anymore, and you are looking for work. However, you can still look for work in the US, but you have to be in Canada.
UI in the US is a federal program run by the states. The rules are about the same across the different states. To qualify you need to have worked for four quarters (i.e., about a year) ending six months before your claim for UI. So if you have only worked in the US the last four quarters, then you will have to wait six months to make your claim for UI. If you worked there a year and a half, you could file anytime within the six months (or so) after you got laid off. If you worked in the US for less than one year, you may still qualify if you worked at least a little in each of the four quarters prior to your claim (e.g., you worked 7 months, including 15 days or so in the first and last quarter of your claim).
The amount of your benefits is determined by the highest earning two quarters of the qualifying four quarters. For most TN-1 workers, one will likely qualify for the max amount very easily. However, if you do not qualify for the max with your first four quarters (of the six quarters you had upon your layoff), and you earned more in the recent two quarters, it may be worth it to delay filing to include the last two quarters into your qualifying period.
To apply, I suggest you call in your claim by phone. Do not use the web form. This is because as a Canadian, your case may not be all that standard and it will likely raise flags in the computer system that will withhold your payments until you have resolved those alerts. An operator on the phone is likely to be very helpful and to manage your application through the system so it goes smoothly. They MAY require you to show that you were working legally in the US. For that just make a photocopy of the page in your passport with your picture and personal info, and of the page with the TN-1 stamp or the i-94 card. To make your application on the phone you will just need to provide your SSN (they do not care or know about your SIN), the name of your employer in the US (though they already have that info in their system), and your address in Canada. They will also ask you about your immigration status in the US whileou were working there and the rasons why your employment ended.
Generally speaking you qualify for American UI when you loose your job of no fault on your own, such as:
- You got laid off.
- Immigration refuses to issue another TN-1 to you.
- You completed the term of your employment (in TN-1 visas the term of your employment is the term of the TN-1).
- Or if you were fired, but your employer did not follow the proper procedures to fire you (e.g., without giving you the proper notices and the opportunity to rectify your alleged deficiencies).
If they put a hold on your payments (e.g., becaue they want to verify your immigration status in the US when you worked there, or because they want to verify how the separation from your work hapenned), do not be discouraged. Just keep on making your weekly claims. You can make your weekly claims online (that is ok, once your original claim for UI was done on the phone), or by phone in some states you may make them by mail also. Those things will be resolved and they will pay you for all the weeks you filed for. If you stop filing your weekly claims, they may not even bother looking at your outstanding issues and you may never see your money, so keep on filing your weekly claims. However, likely, the money will be released from the begining of your claim.
The payment can either be a direct payment to your US bank account, or a check mailed to you in Canada with the amount in US dollars.
Also, just like any American, you are eligible for UI extensions beyond the initial UI period, if that should be necessary.
One final note, you are ENTITLED to your UI money. Do not feel guilty or ashamed for filing for UI. You paid for it, just like you paid for medical or any other insurance. You have made a huge commitment to go work in the US. You probaly quit your job in Canada, separated yourself from your familiar surroundings, and took up a job in a foreign country on a temporary work visa thatis granted or denied at the whim of a US border officer. You are the one who took all the risks. Now you find yourself not legally allowed to stay in the US, forced to come back to Canada, probably at your own expense, unemployed in the middle of a depression. You do not have many rights left in the US, your right to collect UI while you are unemployed and looking for work is the only right you have left in the US.
UI in the US is a federal program run by the states. The rules are about the same across the different states. To qualify you need to have worked for four quarters (i.e., about a year) ending six months before your claim for UI. So if you have only worked in the US the last four quarters, then you will have to wait six months to make your claim for UI. If you worked there a year and a half, you could file anytime within the six months (or so) after you got laid off. If you worked in the US for less than one year, you may still qualify if you worked at least a little in each of the four quarters prior to your claim (e.g., you worked 7 months, including 15 days or so in the first and last quarter of your claim).
The amount of your benefits is determined by the highest earning two quarters of the qualifying four quarters. For most TN-1 workers, one will likely qualify for the max amount very easily. However, if you do not qualify for the max with your first four quarters (of the six quarters you had upon your layoff), and you earned more in the recent two quarters, it may be worth it to delay filing to include the last two quarters into your qualifying period.
To apply, I suggest you call in your claim by phone. Do not use the web form. This is because as a Canadian, your case may not be all that standard and it will likely raise flags in the computer system that will withhold your payments until you have resolved those alerts. An operator on the phone is likely to be very helpful and to manage your application through the system so it goes smoothly. They MAY require you to show that you were working legally in the US. For that just make a photocopy of the page in your passport with your picture and personal info, and of the page with the TN-1 stamp or the i-94 card. To make your application on the phone you will just need to provide your SSN (they do not care or know about your SIN), the name of your employer in the US (though they already have that info in their system), and your address in Canada. They will also ask you about your immigration status in the US whileou were working there and the rasons why your employment ended.
Generally speaking you qualify for American UI when you loose your job of no fault on your own, such as:
- You got laid off.
- Immigration refuses to issue another TN-1 to you.
- You completed the term of your employment (in TN-1 visas the term of your employment is the term of the TN-1).
- Or if you were fired, but your employer did not follow the proper procedures to fire you (e.g., without giving you the proper notices and the opportunity to rectify your alleged deficiencies).
If they put a hold on your payments (e.g., becaue they want to verify your immigration status in the US when you worked there, or because they want to verify how the separation from your work hapenned), do not be discouraged. Just keep on making your weekly claims. You can make your weekly claims online (that is ok, once your original claim for UI was done on the phone), or by phone in some states you may make them by mail also. Those things will be resolved and they will pay you for all the weeks you filed for. If you stop filing your weekly claims, they may not even bother looking at your outstanding issues and you may never see your money, so keep on filing your weekly claims. However, likely, the money will be released from the begining of your claim.
The payment can either be a direct payment to your US bank account, or a check mailed to you in Canada with the amount in US dollars.
Also, just like any American, you are eligible for UI extensions beyond the initial UI period, if that should be necessary.
One final note, you are ENTITLED to your UI money. Do not feel guilty or ashamed for filing for UI. You paid for it, just like you paid for medical or any other insurance. You have made a huge commitment to go work in the US. You probaly quit your job in Canada, separated yourself from your familiar surroundings, and took up a job in a foreign country on a temporary work visa thatis granted or denied at the whim of a US border officer. You are the one who took all the risks. Now you find yourself not legally allowed to stay in the US, forced to come back to Canada, probably at your own expense, unemployed in the middle of a depression. You do not have many rights left in the US, your right to collect UI while you are unemployed and looking for work is the only right you have left in the US.
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