§ 614. Noncitizens --ineligibility. A noncitizen shall be ineligible for benefits for any week which begins after December
31, 1977, on the basis of wages for services performed by such noncitizen, unless
the noncitizen was an individual who was lawfully admitted for permanent residence
at the time such services were performed or otherwise was permanently residing in
the United States under color of law at the time such services were performed (including
a noncitizen who was lawfully present in the United States as a result of the application
of the provisions of Section 212(d) (5) of the Immigration and Nationality Act); 1 provided, that any modifications of the provisions of Section 3304(a) (14) of the
Federal Unemployment Tax Act 2 which
A. Specify other conditions or another effective date than stated herein for ineligibility
for benefits based on wages for services performed by noncitizens, and
B. Are required to be implemented under this Act as a condition for the Federal approval
of this Act requisite to the full tax credit against the tax imposed by the Federal
Act for contributions paid by employers pursuant to this Act, shall be applicable
under the provisions of this Section.
Any data or information required of individuals who claim benefits for the purpose
of determining whether benefits are not payable to them pursuant to this Section shall
be uniformly required of all individuals who claim benefits.
If an individual would otherwise be eligible for benefits, no determination shall
be made that such individual is ineligible for benefits pursuant to this Section because
of the individual's noncitizen status, except upon a preponderance of the evidence.
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