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Employment Development Department
Employment Development Department

Miscellaneous MI 50 - Reason for Decision

Determinations on Alien Claims

The following Reasons for Decision also include work authorization issues also applicable to citizens.

I. DISQUALIFICATION

A. All Wages Earned Before Work Authorization Granted

(Enter Code Section 1264, issue AL, and Reason for Decision MI50 A.)

The wages used for your claim were earned when you were not legally entitled to work in the United States. After considering available information, the Department finds that you do not meet the legal requirements for payment of benefits.

B. Part of Wages Earned Before Work Authorization Granted

(Enter Code Section 1264, issue AL, and Reason for Decision MI50 B.)

Wages earned between (date) and (date) were earned while you did not have permission to work in the United States. After considering available information, the Department finds that you do not meet the legal requirements for payment of full benefits.

C. No Documents Allowing Claimant to Work

(Enter Code Section 1253c, issue AA, and Reason for Decision MI50 C.)

You have no documents to show an employer that you are authorized to work. After considering available information, the Department finds that you do not meet the legal requirements for payment of benefits.

D. No Work Authorization or Identity Document to Show an Employer

(Enter Code Section 1253c, issue AA, and Reason for Decision MI50 D.)

Federal law requires you to show document(s) showing both identity and authorization to work. After considering available information, the Department finds that you do not meet the legal requirements for Payment of benefits.

E. Has, But Refuses to Show, Identity/Employment Documents

(Enter Code Section 1253e, issue ESW, and Reason for Decision MI50 E.)

You have documents allowing you to work, but you refuse to show them to an employer. Your employer is required by law to verify your employment status. After considering available information, the Department finds that you do not meet the legal requirements for payment of benefits.

F. Missing or Lost Document(s)

(Enter Code Section 1253c, issue AA, and Reason for Decision MI50 F.)

Your work authorization documents have been lost or misplaced and you have made no effort to replace them. After considering available information, the Department finds that you do not meet the legal requirements for payment of benefits.

G. INS Reports Not Work Authorized

(Enter Code Section 1253c, issue AA, and Reason for Decision MI50 G.)

The Immigration and Naturalization Service reports that you are not authorized to work. After considering available information, the Department finds that you do not meet the legal requirements for payment of benefits.

H. Has Never Had Documents Demonstrating a Satisfactory Immigration Status

(Enter Code Section 1253c, issue AA, and Reason for Decision MI50 H.)

You state you have never had any documents showing a satisfactory immigration status. After considering available information, the Department finds that you do not meet the legal requirements for payment of benefits.

I. Only Part-Time Work Authorized

(Enter Code Section 1253c, issue AA, and Reason for Decision MI50 I.)

Your immigration status allows you to work part-time only. After considering available information, the Department finds that you do not meet the legal requirements for payment of benefits.

J. Failure to Submit Document for Save or Secondary Verification (Weeks Claimed)

(Enter Code Section 1253a, issue IRR, and Reason for Decision MI50 J.)

On (date), you were asked to bring in, within 21 days, proof of a satisfactory immigration status. You have not shown why you could not do so. After considering available information, the Department finds that you do not meet the legal requirements for payment of benefits.

K. Failure to Submit Proof of Questioned U.S. Citizenship

(Enter Code Section 1253a, issue IRR, and Reason for Decision MI50 K.)

On (date), you were notified that you needed to show proof of U.S. citizenship. You have not shown why you could not have done so. After considering available information, the Department finds that you do not meet the legal requirements for payment of benefits.

L. INS Documents Expired

(Enter Code Section 1253a, issue IRR, and Reason for Decision MI50 L.)

Your work authorization documents expired on (date). After considering available information, the Department finds that you do not meet the legal requirements for payment of benefits.

M. Has Never Had Any INS Documents

(Enter Code Section 1253a, issue IRR, and Reason for Decision MI50 M.)

You have never had any documents issued by the Immigration and Naturalization Service showing you are in a satisfactory immigration status. After considering available information, the Department finds that you do not meet the legal requirements for payment of benefits.

N. Not in Satisfactory Immigration Status (May Also Be Used For Forgeries, etc.)

(Enter Code Section 1253a, issue IRR, and Reason for Decision MI50 N.)

The Immigration and Naturalization Service reports that you are not in a satisfactory immigration status. After considering available information, the Department finds that you do not meet the legal requirements for payment of benefits.

O. MC Issue: Didn’t Show Documents to Employer Within Three Days After Hire

(Enter Code Section 1256, issue MC, and Reason for Decision MI50 O.)

You told your employer you could submit your work authorization documents within three days as required by federal law. You did not do so. After considering available information, the Department finds that you do not meet the legal requirements for payment of benefits.

P. MC Issue: Did Not Update Work Authorization

(Enter Code Section 1256, issue MC, and Reason for Decision MI50 P.)

Your work authorization expired on (date) and you did not have it extended. Under federal law, your employer could not continue to employ you. After considering available information, the Department finds that you do not meet the legal requirements for payment of benefits.

MC ISSUE - NOT AUTHORIZED TO WORK-DEPORTED BY INS

(Use MC 140 A or MC 140 K)

Q. VQ - No Work Authorization Documents

(Enter Code Section 1256, issue VQ, and Reason for Decision MI50 Q.)

You were hired knowing you would be asked to show your work authorization documents to the employer within three days of hire. You had no documents to show. After considering available information, the Department finds that you do not meet the legal requirements for payment of benefits.

R. VQ When Employer Asked for Document

(Enter Code Section 1256, issue VQ, and Reason for Decision MI50 R.)

You quit your last employment with (enter employer name) when your employer asked you to show work authorization documents as required by federal law. After considering available information, the Department finds that you do not meet the legal requirements for payment of benefits.

S. Refusal to Show Documents After Referral

(Enter Code Section 1257b, issue SW, and Reason for Decision MI50 S.)

On (date), you were referred to work with (employer name). You refused to show your work authorization documents after hire. Your reasons for refusal do not meet the legal requirements for payment of benefits.

REFUSES TO SIGN DECLARATION OF STATUS, PRESENT OR BASE PERIOD

(Enter MI5 C.)

T. Work Authorization Documents Forged

(Enter Code Section 1256, issue MC, and Reason for Decision MI50 T.)

You were discharged from your last employment with (employer name) because it was discovered your work authorization documents did not belong to you, or were forged. Under federal law, your employer could not continue to employ you. After considering available information, the Department finds you do not meet the legal requirements for payment of benefits.

U. Failure to Submit proof of Current Work Authorization

(Enter Code Section 1253a, issue IRR, and Reason for Decision MI50 U.)

On (date), you were asked to provide proof of your valid current work authorization by (10 calendar days from the date the claimant requests to AC/RC an existing claim). You have not done so. After considering available information, the Department finds that you do not meet the legal requirements for payment of benefits.

II. ELIGIBLE

AA. SW Issue - Employer Would Not Accept Claimant’s Documents

(Enter Code Section 1257b, issue SW, and Reason for Decision MI50 AA.)

You indicate the claimant was unable to show you the work authorization documents that you requested. The documents the claimant offered are sufficient to establish employment eligibility under federal law. Available information indicates the claimant met the requirements of federal law and did not refuse employment.

BB. "Grandfathered" Employee

(Enter Code Section 1256, issue MC, and Reason for Decision MI50 BB.)

You discharged the claimant for failure to show documents as required by federal law. The claimant was on you payroll as of November 6, 1986, however, and was "grandfathered" into the job. He/she is not required to show work authorization documents.

CC. Employer Questions Employment Eligibility

(Enter Code Section 1253c, issue AA, and Reason for Decision MI50 CC.)

You have questioned the claimant’s employment status. Available information indicates the claimant is authorized to work and has the documents to prove his/her status.

DD. Form I-9 Not Required by Law - Domestic or Contract Workers, Independent Contractors

(Enter Code Section 1257b, issue SW, and Reason for Decision MI50 DD.)

You offered to hire the claimant as a domestic worker on an irregular basis, as a contract worker, or as an independent contractor. Federal law does not require that the worker supply work authorization for these types of work.

EE. Employer Discharges for Lack of Documentation (El Salvadoran)

(Enter Code Section 1256, issue MC, and Reason for Decision MI50 EE.)

You discharged the claimant because he/she did not have documents allowing him/her to work after (enter date work authorization expired). The claimant is either in a Temporary Protected Status or a Deferred Enforcement Status and has been granted continuing work authorization by the Immigration and Naturalization Service.