{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/60.2-617.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/60.2-617.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/60.2-617.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/60.2-617.html"}],"law_id":80877,"edition_id":1,"section_id":80877,"structure_id":15894,"section_number":"60.2-617","catch_line":"Benefits denied to certain aliens","history":"1977, c. 330, \u00a7 60.1-52.5:1; 1986, c. 480.","full_text":"A\n\nBenefits shall not be paid on the basis of services performed by an alien unless such individual was lawfully admitted for permanent residence at the time such services were performed, was lawfully present for purposes of performing such services, or was permanently and lawfully residing in the United States under color of law at the time such services were performed. The provisions of this subsection shall include aliens who were lawfully present in the United States as a result of the application of the provisions of § 1153 (a) (7) or § 1182 (d) (5) of the Immigration and Nationality Act (8 U.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 et seq.) which specify other conditions or other effective dates than stated herein for the denial of benefits based on services performed by aliens and which modifications 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 deemed applicable under the provisions of this section.B\n\nAny data or information required of individuals claiming benefits to determine whether benefits are not payable to them because of their alien status shall be uniformly required from all applicants for benefits.C\n\nIn the case of an individual whose claim for benefits would otherwise be approved, no determination that benefits to such individual are not payable because of his alien status shall be made except upon a preponderance of the evidence.","order_by":null,"text":{"0":{"id":289897,"text":"Benefits shall not be paid on the basis of services performed by an alien unless such individual was lawfully admitted for permanent residence at the time such services were performed, was lawfully present for purposes of performing such services, or was permanently and lawfully residing in the United States under color of law at the time such services were performed. The provisions of this subsection shall include aliens who were lawfully present in the United States as a result of the application of the provisions of § 1153 (a) (7) or § 1182 (d) (5) of the Immigration and Nationality Act (8 U.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 et seq.) which specify other conditions or other effective dates than stated herein for the denial of benefits based on services performed by aliens and which modifications 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 deemed applicable under the provisions of this section.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":289898,"text":"Any data or information required of individuals claiming benefits to determine whether benefits are not payable to them because of their alien status shall be uniformly required from all applicants for benefits.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":289899,"text":"In the case of an individual whose claim for benefits would otherwise be approved, no determination that benefits to such individual are not payable because of his alien status shall be made except upon a preponderance of the evidence.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":15894,"edition_id":1,"name":"Eligibility Criteria","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":12884,"metadata":{},"date_created":"2026-06-26 04:01:25","date_modified":"2026-06-26 04:01:25","permalink":{"id":267899,"object_type":"structure","relational_id":15894,"identifier":"4","token":"60.2\/6\/4","url":"\/60.2\/6\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12884,"edition_id":1,"name":"Benefits","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12883,"metadata":{},"date_created":"2026-06-26 03:43:58","date_modified":"2026-06-26 03:43:58","permalink":{"id":267835,"object_type":"structure","relational_id":12884,"identifier":"6","token":"60.2\/6","url":"\/60.2\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12883,"edition_id":1,"name":"Unemployment Compensation","identifier":"60.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:58","date_modified":"2026-06-26 03:43:58","permalink":{"id":267273,"object_type":"structure","relational_id":12883,"identifier":"60.2","token":"60.2","url":"\/60.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":66224,"structure_id":15894,"section_number":"60.2-612","catch_line":"Benefit eligibility conditions","url":"\/60.2-612\/","token":"60.2\/6\/4\/60.2-612","metadata":false},{"id":72730,"structure_id":15894,"section_number":"60.2-612.1","catch_line":"(Effective July 1, 2028) Program Integrity","url":"\/60.2-612.1\/","token":"60.2\/6\/4\/60.2-612.1","metadata":false},{"id":83329,"structure_id":15894,"section_number":"60.2-613","catch_line":"Benefits not denied to individuals in training with approval of Commission","url":"\/60.2-613\/","token":"60.2\/6\/4\/60.2-613","metadata":false},{"id":76975,"structure_id":15894,"section_number":"60.2-614","catch_line":"Service required during immediately preceding benefit year in which individual received benefits","url":"\/60.2-614\/","token":"60.2\/6\/4\/60.2-614","metadata":false},{"id":69979,"structure_id":15894,"section_number":"60.2-615","catch_line":"Benefits based on employment by state or political subdivision, certain hospitals, educational institutions and charitable, etc., organizations","url":"\/60.2-615\/","token":"60.2\/6\/4\/60.2-615","metadata":false},{"id":82975,"structure_id":15894,"section_number":"60.2-616","catch_line":"Benefits based on services in connection with sports","url":"\/60.2-616\/","token":"60.2\/6\/4\/60.2-616","metadata":false},{"id":80877,"structure_id":15894,"section_number":"60.2-617","catch_line":"Benefits denied to certain aliens","url":"\/60.2-617\/","token":"60.2\/6\/4\/60.2-617","metadata":false},{"id":61574,"structure_id":15894,"section_number":"60.2-618","catch_line":"Disqualification for benefits","url":"\/60.2-618\/","token":"60.2\/6\/4\/60.2-618","metadata":false}],"previous_section":{"id":82975,"structure_id":15894,"section_number":"60.2-616","catch_line":"Benefits based on services in connection with sports","url":"\/60.2-616\/","token":"60.2\/6\/4\/60.2-616","metadata":false},"next_section":{"id":61574,"structure_id":15894,"section_number":"60.2-618","catch_line":"Disqualification for benefits","url":"\/60.2-618\/","token":"60.2\/6\/4\/60.2-618","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/60.2-617\/","history_text":"

This law was first created in 1977. The record of its establishment is cataloged in chapter 330 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1977 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 1986, chapter 480.<\/p>","references":[{"id":68606,"section_number":"60.2-116","catch_line":"Reciprocal agreements","order_by":null,"url":"\/60.2-116\/"}],"refers_to":false,"permalink":{"id":267925,"object_type":"law","relational_id":80877,"identifier":"60.2-617","token":"60.2\/6\/4\/60.2-617","url":"\/60.2-617\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/60.2-617\/","token":"60.2\/6\/4\/60.2-617","dublin_core":{"Title":"Benefits denied to certain aliens","Type":"Text","Format":"text\/html","Identifier":"\u00a7 60.2-617","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Benefits shall not be paid on the basis of services performed by an alien unless such individual was lawfully admitted for permanent residence at the time such services were performed, was lawfully present for purposes of performing such services, or was permanently and lawfully residing in the United States under color of law<\/span> at the time such services were performed. The provisions of this subsection shall include aliens who were lawfully present in the United States as a result of the application of the provisions of § 1153 (a) (7) or § 1182 (d) (5) of the Immigration and Nationality Act (8 U.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 et seq.) which specify other conditions or other effective dates than stated herein for the denial of benefits based on services performed by aliens and which modifications are required to be implemented under state law<\/span> as a condition for full tax credit against the tax imposed by the Federal Unemployment Tax Act, shall be deemed applicable under the provisions of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any data or information required of individuals claiming benefits to determine whether benefits are not payable to them because of their alien status shall be uniformly required from all applicants for benefits. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In the case of an individual whose claim for benefits would otherwise be approved, no determination that benefits to such individual are not payable because of his alien status shall be made except upon a preponderance of the evidence<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nBENEFITS DENIED TO CERTAIN ALIENS (\u00a7 60.2-617)\n\nA. Benefits shall not be paid on the basis of services performed by an alien\nunless such individual was lawfully admitted for permanent residence at the time\nsuch services were performed, was lawfully present for purposes of performing\nsuch services, or was permanently and lawfully residing in the United States\nunder color of law at the time such services were performed. The provisions of\nthis subsection shall include aliens who were lawfully present in the United\nStates as a result of the application of the provisions of § 1153 (a) (7)\nor § 1182 (d) (5) of the Immigration and Nationality Act (8 U.S.C. §\n1101 et seq.). Additionally, any modifications to the provisions of § 3304\n(a) (14) of the Federal Unemployment Tax Act (26 U.S.C. § 3301 et seq.)\nwhich specify other conditions or other effective dates than stated herein for\nthe denial of benefits based on services performed by aliens and which\nmodifications are required to be implemented under state law as a condition for\nfull tax credit against the tax imposed by the Federal Unemployment Tax Act,\nshall be deemed applicable under the provisions of this section.\n\nB. Any data or information required of individuals claiming benefits to\ndetermine whether benefits are not payable to them because of their alien status\nshall be uniformly required from all applicants for benefits.\n\nC. In the case of an individual whose claim for benefits would otherwise be\napproved, no determination that benefits to such individual are not payable\nbecause of his alien status shall be made except upon a preponderance of the\nevidence.\n\nHISTORY: 1977, c. 330, \u00a7 60.1-52.5:1; 1986, c. 480.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}