本文发表在 rolia.net 枫下论坛Trade NAFTA Professional Not Entitled to Unemployment Insurance Benefits
Under the North American Free Trade Agreement (NAFTA), certain professionals from Canada and Mexico may obtain a Trade NAFTA visa (TN) allowing them to work in the United States. This visa restricts the employment to a particular employer.
Last week, in Matter of Cale v Commissioner of Labor, 2007 NY Slip Op 09850, the Third Department held that if the professional position is eliminated by the employer the TN visa holder may not receive New York State unemployment insurance benefits. The Court stated that in order for an employee to be eligible for unemployment insurance benefits that employee must be considered "available" for work. And for non-United States citizens this requires a valid authorization from the Immigration and Naturalization Service to work in the U.S. However, since the TN visa restricts employment to a particular employer, the employee is not authorized to seek employment with a different employer, and thus is not available for employment, until the employee obtains another type of visa.更多精彩文章及讨论，请光临枫下论坛 rolia.net
Under the North American Free Trade Agreement (NAFTA), certain professionals from Canada and Mexico may obtain a Trade NAFTA visa (TN) allowing them to work in the United States. This visa restricts the employment to a particular employer.
Last week, in Matter of Cale v Commissioner of Labor, 2007 NY Slip Op 09850, the Third Department held that if the professional position is eliminated by the employer the TN visa holder may not receive New York State unemployment insurance benefits. The Court stated that in order for an employee to be eligible for unemployment insurance benefits that employee must be considered "available" for work. And for non-United States citizens this requires a valid authorization from the Immigration and Naturalization Service to work in the U.S. However, since the TN visa restricts employment to a particular employer, the employee is not authorized to seek employment with a different employer, and thus is not available for employment, until the employee obtains another type of visa.更多精彩文章及讨论，请光临枫下论坛 rolia.net