Everything You Need For A Successful Application to the Excluded Workers Fund

The Excluded Workers Fund is a $2.1B fund that provides direct payments to undocumented workers in New York State who lost income during COVID but were ineligible for unemployment insurance. The application is completely confidential – application materials are never shared with any immigration enforcement agency. Workers may be eligible for either $16,400 Tier 1 payments, or $3,200 Tier 2 payments. You can submit an application on a mobile device or computer through the New York State Department of Labor’s online application.

AM I ELIGIBLE? To quickly and easily check whether you meet the eligibility requirements for either the Tier 1 or Tier 2 payment, use the eligibility tool available through the eligibility tool. Applicants must submit documentation to prove their eligibility in three areas: (1) residency, (2) work history, and (3) identity. 

HOW DO I PROVE MY NEW YORK STATE RESIDENCY? You may provide one or more of the following documents, each showing their name and address within New York State. The document(s) must establish that you lived in New York prior to March 27, 2020, and that you currently live here now. Except for state-issued ID cards and tax returns (e.g., driver’s license, non-driver ID, IDNYC Card, learners permit, or tax return), all residency documents must be dated no later than 30 days prior to April 19, 2021:

• NYS Driver License (May have been issued more than 30 days prior to April 19, 2021, to establish current
• residency)
• NYS Non-Driver ID Card (May have been issued more than 30 days prior to April 19, 2021, to establish current residency)
• IDNYC Card (May have been issued more than 30 days prior to April 19, 2021, to establish current residency. Cards that expired in 2020 are valid until the end of 2021. Cards that expire in 2021 are valid during the one-year renewal period following the expiration date.)
• NYS Learner Permit issued by NYS DMV (May have been issued more than 30 days prior to April 19, 2021, to establish current residency) 
• State or federal tax filing or return, with proof of filing, including e-filing acknowledgments from DTF or IRS (May have been issued more than 30 days prior to
• April 19, 2021, to establish current residency)
• Utility Bill (e.g. electric, gas, internet, cable, water/trash/recycling)
• Bank or Credit Card Statement
• Letter from NYC Housing Authority addressed to the applicant
• Letter addressed to the applicant from a homeless shelter indicating the applicant currently resides at the homeless shelter
• Current Lease Agreement, Mortgage Payment, or Property Tax Statement
• Letter addressed to the applicant from a non-profit organization or religious institution that provides services to homeless individuals
• Pay Stub
• Employment offer or notice of pay that shows an employer-provided housing located in NYS, including seasonal housing
• A statement, bill, or record from a health institution or insurance company
• Jury Summons, Court Order, or another document from a court within NYS
• Letter from a domestic violence (DV) residential care program or organization that serves DV survivors
• Letter from a charitable organization registered with NYS Attorney General that provided services to the applicant in the ordinary course and for which eligibility was established prior to April 19, 2021, attesting to the applicant’s NYS residency
• A document addressed to the applicant by a local government in NYS, NYS government agency, or the federal government

HOW DO I PROVE MY WORK HISTORY? Applicants may qualify for EWF benefits in one of two amounts, depending on the information and documents provided below. Each document has a point value. To qualify for the Tier 1 amount of $15,600 (minus taxes), applicants need to establish a minimum of 5 points. To qualify for the Tier 2 amount of $3,200 (minus taxes), applicants need to establish a minimum of 3 points. Applicants who do not provide one of the 5-point documents below must submit at least one of the 3-point documents to be considered eligible for Tier 1. For example, five 1-point documents cannot be combined for Tier 1 [NOTE: Each applicant is eligible for only one benefit payment]:

• Proof of filing New York State taxes, which must include (A) proof of filing a New York State tax return for either tax years 2018, 2019, or 2020 with the Department of Taxation and Finance through submission of an electronic confirmation of e-filing, Department of Taxation and Finance issued “TF assignment letter”, or a bank statement reflecting payments to or from the Department of Taxation and Finance; AND (B) proof of a valid United States individual taxpayer identification number (ITIN) OR a W-7 application for an ITIN with proof of submission or filing (5 points)
• Minimum of 6 weeks of pay stubs in the 6-month period prior to the date the applicant certifies the applicant became eligible for benefits (5 points)
• Minimum of 6 weeks of wage statements from the 6-month period prior to the date the applicant certifies the applicant became eligible for benefits (5 points)
• IRS W-2 or 1099 from tax year 2019 or 2020 showing wages or income (5 points)
• Wage Notice from employer documenting employment for a period of time within 6 months prior to the date the applicant certifies the applicant became eligible for benefits (5 points)
• Letter from an employer showing applicant’s dates of work and the reason for loss of income (i.e. pandemic related) that includes: (A) employer’s mailing address and address of the site within NYS where applicant worked AND (B) either the employer’s NYS Unemployment Insurance account number OR Federal Employment Identification Number (FEIN) OR contact information (including phone number) of an employer representative who can verify the contents of the letter (5 points)
• Complaint filed with and acknowledged by a local, state, or federal agency or court regarding wages owed for work performed in NYS for a period greater than 6 weeks in the 6-month period prior to the date the applicant certifies the applicant became eligible for benefits (3 points)
• Record of regular direct deposits, deposits, or transfers from an employer (3 points)
• Employer Issued ID Card (1 point)
• Written communication relating to delivery order sheets, work invoices, sales receipts, or instructions from employers (1 point)
• Written communication, including texts or social media messages or posts, between the applicant and an employer or hiring party showing a work relationship (1 point)
• Record of regular cashing of paychecks or transfer of funds from income or earnings (1 point)
• Documents issued to the applicant by the applicant’s employer showing the employer’s mailing address, NYS Unemployment Insurance Account Number or Federal Employment Identification Number (FEIN), and contact information of an employer representative (including phone number) (1 point)
• Receipts or records showing a consecutive pattern of commuting to and from a work location, such as toll records, parking receipts, or public transportation records (1 point)
• Letter from a charitable organization registered with the NYS Attorney General confirming the applicant’s work history, based on direct knowledge that the applicant worked for the required duration, acquired in the course of conducting intake, interviews, or other standard processes related to direct job-related services to the applicant prior to April 19, 2021 (1 point) NOTE: Applicants must establish that they worked and received compensation for at least 15 hours per week for a period of greater than 6 weeks in the 6-month period prior to the date they certify that they became eligible for benefits. Applicants must also be at least 18 years of age at the time of application.
• For applicants filing due to the death or disability of the head of household, information and documents provided for proof of work eligibility must reflect the work history of the former head of household. Identity and residency documents, however, should still be that of the applicant. Additionally, applicants must provide:
• Death certificate of the former head of household, including the date of death; or
• Proof of disability of the former head of household, including the date and nature of the disability. For a full list of acceptable documents, see part 704.2, section (e) of the regulations, located at dol.ny.gov/ewfregs.

HOW DO I PROVE MY IDENTITY?  Applicants must provide one or more of the following documents. Each document is assigned a point value and every applicant must establish 4 points or more. All requirements above must be met for approval:

• NYS Driver License (4 points)
• NYS Non-Driver ID Card (4 points)
• U.S. Passport (4 points)
• IDNYC Card (4 points) – (Cards that expired in 2020
• are valid until the end of 2021. Cards that expire in
• 2021 are valid during the one-year renewal period
• following the expiration date.)
• Foreign-Issued Passport (3 points)
• NYS Learner Permit issued by NYS DMV (3 points)
• U.S. Military ID Card (3 points)
• Photo ID card issued by a local government in NYS,
• NYS government agency, or the federal government (3 points)
• Photo ID Card from an NYS Higher Education Institution (3 points)
• NYS In-Patient Photo ID Issued by Office of Mental Health (2 points)
• An expired U.S or Foreign-Issued Passport (expired by not more than two years) (2 points)
• Expired Foreign-Issued Driver License (expired by not more than two years) (2 points)
• Documents issued by U.S. Citizenship and Immigration Services (USCIS): Arrival/Departure
• Record (I-94) or Notice of Action (I-797; I-797A; I-797D) (2 points)
• U.S. Individual Taxpayer Identification Number (ITIN) Assignment Letter (2 points)
• Marriage Certificate (1 point)
• Divorce Judgement (1 point)
• NYC Parks and Recreation Membership Card (1 point)
• Birth Certificate Issued by a Foreign Country (1 point)
• Foreign-Issued Photo ID Card (1 point)
• Diploma or Transcript from a U.S. high school, college, or university (1 point)
• Non-Photo ID card issued by a local government in NYS, NYS government agency, or the federal government (1 point)
• Employer Photo ID Card (1 point)
• Photo identification card issued by a charitable organization registered with the Charities Bureau of the New York State Office of the Attorney General relating to eligibility for services or participation in the programs, issued in the ordinary course and for which eligibility was established prior to April 19, 2021 (1 point)
• Written Employment Offer, Pay Stubs, or Notice of Pay from an employer (1 point)