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Detroit Receiving Hospital v Arnoldi 10.59

Section 29(1)(a)

VOLUNTARY LEAVING, Involuntary, Non-resident alien, Visa expiration

CITE AS: Detroit Receiving Hospital v Arnoldi, No. 90-012313-AE Wayne Circuit Court (December 28, 1990).

Appeal pending: No

Claimant: Eva Arnoldi

Employer: Detroit Receiving Hospital

Docket No: B88 12307 109719W

CIRCUIT COURT HOLDING: Because changes in the U.S. immigration laws were beyond her control, a Canadian alien could not be disqualified for voluntary leaving when she resigned because her visa was not renewed.

FACTS: Claimant is a citizen of Canada. For sixteen years she worked as a registered nurse at Detroit Receiving Hospital. On 1-10-88 she applied to have her visa renewed but was denied because a new law limited the length of time non-resident aliens could work in the U.S. to five years and the claimant had already worked twelve. Unable to work in the U.S. any longer, the claimant resigned. She then filed for unemployment benefits.

DECISION: The claimant did not voluntarily leave her employment therefore was not disqualified for U.I.

RATIONALE: Claimant's resignation was due to changes in the immigration law beyond her control and was therefore involuntary.


3, 14:H

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