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Illinois Statutes Chapter 820. Employment § 405/208.1. Service performed by citizen outside United States; definitions

Current as of January 01, 2025 | Updated by Findlaw Staff

§ 208.1. A. The term “employment” shall include the service of an individual who is a citizen of the United States, performed outside the United States after December 31, 1971, (except in Canada, and in the case of the Virgin Islands after December 31, 1971, and prior to January 1 of the year following the year in which the United States Secretary of Labor approves the unemployment compensation law of the Virgin Islands under Section 3304(a) of the Internal Revenue Code of 1954),  1 in the employ of an American employer (other than service which is defined as “employment” under the provisions of Sections 207 and 208 or the parallel provisions of the unemployment compensation law of another State), if:

1. The employer's principal place of business in the United States is located in this State; or

2. The employer has no place of business in the United States, but (a) the employer is an individual who is a resident of this State; or (b) the employer is a corporation which is organized under the laws of this State; or (c) the employer is a partnership or a trust and the number of partners or trustees who are residents of this State is greater than the number who are residents of any one other State; or

3. None of the criteria of paragraphs 1 and 2 is met but the employer has elected coverage under this Act pursuant to Section 302 or, the employer having failed to elect coverage under the unemployment compensation law of any State, the individual has made a claim for benefits under this Act, based on wages for such service.

B. When used in this Section:

“American employer” means (1) an individual who is a resident of the United States; or (2) a partnership if two-thirds or more of the partners are residents of the United States; or (3) a trust, if all of the trustees are residents of the United States; or (4) a corporation organized under the laws of the United States or of any State.

“United States” includes the States of the United States of America, the District of Columbia, Puerto Rico, and the Virgin Islands.

1 26 U.S.C.A. § 3304.
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Cite this article: FindLaw.com - Illinois Statutes Chapter 820. Employment § 405/208.1. Service performed by citizen outside United States; definitions - last updated January 01, 2025 | https://codes.findlaw.com/il/chapter-820-employment/il-st-sect-820-405-208-1/

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