Aliens
Sec. 9. For weeks of unemployment occurring subsequent to
December 31, 1977, benefits may not be paid on the basis of services
performed by an alien unless the alien is an individual who has been
lawfully admitted for permanent residence at the time the services
are performed, is lawfully present for purposes of performing the
services, or otherwise is permanently residing in the United States
under color of law at the time the services are performed (including
an alien who is lawfully present in the United States as a result of the
application of the provisions of Section 207, Section 208, or Section
212(d)(5) of the Immigration and Nationality Act, (8 U.S.C. 1157
through 1158).
(1) Any data or information required of individuals applying for
benefits to determine whether benefits are not payable to them
because of their alien status shall be uniformly required from all
applicants for benefits.
(2) In the case of an individual whose application for benefits
would otherwise be approved, no determination that benefits to
the individual are not payable because of his alien status may be
made except upon a preponderance of the evidence.
(3) Any modifications to the provisions of Section 3304(a)(14)
of the Federal Unemployment Tax Act, as provided by
P.L.94-566, which specify other conditions or other effective
date than stated in this section for the denial of benefits based
on services performed by aliens and which are required to be
implemented under state law as a condition for full tax credit
against the tax imposed by the Federal Unemployment Tax Act,
shall be considered applicable under this section.
As added by Acts 1977, P.L.262, SEC.24. Amended by P.L.135-1990,
SEC.3.
Last modified: May 27, 2006