For any individual benefit year, an alien who falls into one of the classes of nonimmigrant aliens listed in section 101(a)(15)(F), (J), (M), or (Q) of the Immigration and Nationality Act 8 USC 1101(a)(15)(F), (J), (M), or (Q), and who performs services for remuneration, shall not be considered "lawfully present for purposes of performing such services" under RSA 282-A:41, I(a) unless:

1. (a) The alien becomes a resident alien as to the time period when such services were performed; or
2. (b) The alien otherwise becomes subject to treatment as a resident alien of the United States for purposes of the Federal Unemployment Tax Act, 26 U.S.C. Ch. 23, as to the time period when such services were performed.

Source. #10531, eff 2-28-14; ss by #14069, eff 8-29-24