Legal permanent residents with 40 qualifying quarters (10 years) of work history meet immigrant eligibility without the five year waiting period. 106 C.M.R. § 362.220(B)(7)(f) and (g). If you are an LPR adult who is not disabled and you are told you must wait five years in status, it is important to determine if you have countable work history. In addition, having sufficient work history may make you eligible for federal Supplemental Security Income benefits if you become elderly or severely disabled.
You can get work quarters credit for:
- Work you did in the U.S. or a U.S. territory and work done in some foreign countries, including work that did not count for Social Security. Check with an advocate before claiming credit for work done when the wage earner did not have work authorization or a valid social security number.
- Work done by your spouse when you were married. This includes work done by a common law spouse even if you were not legally "married." It also includes work done after you separated, but before divorce (though you lose your spouse's quarters once you divorce).
- Work done by your parents before you were 18, including work done by your parents before you were conceived, born, or adopted.
You can get credit for your own or someone else's work history even if the person did not earn a lot or did not work continuously. SSA established an earnings threshold for determining quarters of work. For example, in 2007, if you earned at least $4,000 for the year, you get 4 quarters for the year. You may be able to get four quarters of credit even if all the work was done in one quarter.
Note
Under the SNAP/food stamp rules, you cannot get credit for work done after December 31, 1996, if the wage earner also received TAFDC, Medicaid or MassHealth, SCHIP (special Medicaid benefits for children), SNAP/food stamp benefits or SSI while working.
Example
Clara has been in the United States for just three years but recently lost her job in a factory. Jose, from whom she is separated but not divorced, has been here eight years. They have each been working consistently since they arrived in the U.S. Clara has 12 quarters of work (three years with four quarters in each year). Jose has 32 quarters of work (eight years with four quarters in each year). They have never received SNAP/food stamp, Medicaid or other federal means-tested benefits. Clara can count her 12 quarters and her husband's 32 quarters for a total of 42. She can apply for food stamps and is not required to wait the five years.
DTA can get information about work history through the SSA Quarters of Coverage History System (QCHS). DTA sends an inquiry to SSA to find out whether you have enough qualifying quarters, including records from a spouse or parent who does not want to cooperate. If you think your spouse or your parent (before you turned 18) may have work history in the U.S., be sure to tell DTA so they can make the inquiry on this person's work history as well (through a Form SSA-513).
Advocacy Reminder
- You can get food stamps for up to six months while the investigation request is pending. You can also get Social Security to correct your earnings record if the earnings report is not accurate. Contact an advocate for more information about work history.
Additional Policy Guidance on Work History
Additional Policy Guidance on Work History
- Detailed guidance (still in effect) on the process for calculating and verifying work history of immigrant, spouse of immigrant, parents through the SSA Quarters of Coverage History System. DTA Field Operations Memo 1998-15 (Mar. 12, 1998)
- See also the BEACON User's Guide, Ch. XII-E, pp. 8-9, on 40 quarters work history verification.
- Receipt of Social Security survivor's benefits as a surviving spouse is sufficient proof of work quarters for SNAP/food stamp purposes. DTA Transitions (July 2002)
- Adults who entered the U.S. as children can use their parent's work history in the U.S., even if work performed before the child arrived in the U.S. Transitions (Feb. 2002)
- LPR may receive benefits for six months pending verification of work quarters through SSA QCHS. No recoupment of SNAP/food stamp benefits if work history ultimately not verified. DTA Transitions (June 2006)
Produced by Patricia Baker, Laura Gallant, Deborah Harris, Rochelle Hahn Massachusetts Law Reform Institute Last updated January 2011
