Under N.J.S.A. 43:21-4(c), to be eligible for unemployment benefits one must be “available for work”. An interesting question arose in Mukatoff v Board of Review with regard to non-immigrant workers.
In order to work as a non-immigrant one must obtain a written work authorization from the Department of Homeland Security (DHS). To obtain this authorization one must present appropriate documentation by the prospective employer. Once authorized by the DHS, he or she may only work for that identified employer. This poses a question. If that non-immigrant is subsequently laid off, does the lack of authorization to work for another employer exclude one from being considered “available for work” and therefore disqualify them from receiving unemployment benefits?
In Mukatoff v Board of Review, Vlad Y. Makutoff, a non-immigrant from Canada, was authorized by the DHS to work for an accounting firm in the United States. Makutoff was subsequently laid off and began collecting unemployment benefits. The NJ Supreme Court ruled that Makutoff was not eligible to collect those benefits, as he wasn’t considered “available for work”. He was ordered to pay back all the unemployment benefits he had received.