(a) An alien is not eligible for benefits unless at the time the covered employment was performed the alien:
- (1) was admitted to the United States lawfully for permanent residence;
- (2) lawfully was present in the United States to perform the covered employment; or
- (3) otherwise was residing permanently in the United States under color of law, including being present in the United States lawfully as a result of the application of § 207, § 208, or § 212(d)(5) of the Immigration and Nationality Act.1
- (b) The Secretary uniformly shall require from each applicant for benefits information that is necessary to determine whether benefits are payable under subsection (a) of this section.
- (c) If the Secretary otherwise would approve a claim for benefits, a determination to deny benefits because of alien status shall be based on a preponderance of the evidence.
Added by Acts 1991, c. 8, § 2, eff. Oct. 1, 1991. Amended by Acts 1993, c. 5, § 1.
Formerly Art. 95A, § 4.
June 27, 1952, ch. 477, 66 Stat. 163, codified at 8 U.S.C.A. § 1101 et seq.