(a) Benefits are not payable based on services performed by an alien unless the alien:
(1) is an individual who was lawfully admitted for permanent residence at the time the services were performed;
(2) was lawfully present for purposes of performing the services; or
(3) was permanently residing in the United States under color of law at the time the services were performed, including being lawfully present in the United States as a result of the application of Section 212(d)(5) of the Immigration and Nationality Act (8 U.S.C. § 1182(d)(5)).
(b) Information required of an individual applying for benefits to determine whether benefits are payable to the individual because of the individual’s alien status shall be uniformly required from all applicants for benefits.

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Terms Used In Texas Labor Code 207.043

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005

(c) A determination that benefits are not payable to an individual whose application for the benefits would otherwise be approved except for the individual’s alien status must be made from a preponderance of the evidence.
(d) A modification of Section 3304(a)(14) of the Federal Unemployment Tax Act (26 U.S.C. § 3304(a)(14)) that specifies other conditions or another effective date for the denial of benefits based on services performed by aliens that must be implemented under state law as a condition for a full tax credit against the tax imposed by the Federal Unemployment Tax Act (26 U.S.C. § 3301 et seq.) is applicable under this section.