2006 Code of Virginia § 60.2-617 - Benefits denied to certain aliens

60.2-617. Benefits denied to certain aliens.

A. Benefits shall not be paid on the basis of services performed by an alienunless such individual was lawfully admitted for permanent residence at thetime such services were performed, was lawfully present for purposes ofperforming such services, or was permanently and lawfully residing in theUnited States under color of law at the time such services were performed.The provisions of this subsection shall include aliens who were lawfullypresent in the United States as a result of the application of the provisionsof 1153 (a) (7) or 1182 (d) (5) of the Immigration and Nationality Act (8U.S.C. 1101 et seq.). Additionally, any modifications to the provisions of 3304 (a) (14) of the Federal Unemployment Tax Act (26 U.S.C. 3301 etseq.) which specify other conditions or other effective dates than statedherein for the denial of benefits based on services performed by aliens andwhich modifications are required to be implemented under state law as acondition for full tax credit against the tax imposed by the FederalUnemployment Tax Act, shall be deemed applicable under the provisions of thissection.

B. Any data or information required of individuals claiming benefits todetermine whether benefits are not payable to them because of their alienstatus shall be uniformly required from all applicants for benefits.

C. In the case of an individual whose claim for benefits would otherwise beapproved, no determination that benefits to such individual are not payablebecause of his alien status shall be made except upon a preponderance of theevidence.

(1977, c. 330, 60.1-52.5:1; 1986, c. 480.)