                                 CODE OF VIRGINIA

BENEFITS DENIED TO CERTAIN ALIENS (§ 60.2-617)

A. 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 &#xA7; 1153 (a) (7)
or &#xA7; 1182 (d) (5) of the Immigration and Nationality Act (8 U.S.C. &#xA7;
1101 et seq.). Additionally, any modifications to the provisions of &#xA7; 3304
(a) (14) of the Federal Unemployment Tax Act (26 U.S.C. &#xA7; 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. 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.

C. 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.

HISTORY: 1977, c. 330, § 60.1-52.5:1; 1986, c. 480.