Summary of Issue: Work Permit Limitations In Usa

Decision 74078 Full Text of Decision 74078

EI determined that Ms. X was not entitled to benefits as she had failed to prove her availability for work. The application and the ROE submitted indicated that the appellant had been employed as a full-time teacher and took an approved Leave of Absence to move to Virginia, U.S.A. to follow her spouse, a member of the Canadian Forces, who had been posted as a student. As per the E.I. Act, claimants are not generally entitled to receive benefits for any period during which they are not in Canada. Her status as a non-immigrant prevents her from working in the United States, as she does not possess a valid employment authorization. For this reason, payment of benefit is suspended for so long as this condition exists. The claimant’s appeal is dismissed

Decision 64489 Full Text of Decision 64489

The claimant moved to the United States to join his spouse. The evidence showed that the claimant could not legally work in the United States for lack of the required permit. The Umpire ruled that the claimant had not proven that he was available for work, under section 18 of the Employment Insurance Act.

Decision 23864 Full Text of Decision 23864

Professional in computer design residing in Delaware. She has an H-4 visa (accompanying a spouse); employment not authorized. She is eligible for an H-1 visa which she can obtain within 3 to 5 weeks from a job offer. FreeTrade Agreement taken into account. Not less than 8 weeks to be allowed.

Decision 22493 Full Text of Decision 22493

Took residence in California. The CEIC argued that an E-2 visa did not allow claimant to legally accept employment. Contrary information from a US attorney, current practice at the bank employing her husband. Case allowed by Board. No error of law nor mistake of principle. The principle appears to be well established that proof of foreign law in proceedings before the courts must be made by an expert in that law, who must be a professional lawyer or the holder of an official position requiring legal knowledge or one who had conducted special studies in that law.

Decision 20367A Full Text of Decision 20367A

Took residence in West Virginia, USA. Her H-4 visa did not allow her to legally accept employment in the United States. Under the Free Trade Agreement, she says, once she obtains an offer of work, a visa authorizing her to work will automatically be issued. This in fact happened 10 weeks later.

Decision 21075 Full Text of Decision 21075

Before the exemption under reg. 54 can be considered it would have been necessary for claimant to establish that he was eligible to work in the United States; had he been issued a green card or a visa allowing him to accept employment in that country, he may have been eligible.

Decision 08827 Full Text of Decision 08827

Claimant's visa allows her to accompany her husband in the United States but does not allow her to accept employment there.