Idaho Admin. Code r. 09.01.30.125

Current through September 2, 2024
Section 09.01.30.125 - ALIEN ELIGIBILITY
01.Benefit Eligibility. To be eligible for benefits, an alien must fall within one (1) of the following three (3) categories at the time the work on which the claim is based was performed and at the time benefits are claimed, the alien must have current, valid authorization to work from the U.S. Department of Homeland Security in order to meet the continuing eligibility requirement of being able and available to work (unless the alien claimant is a Canadian resident who is claiming benefits under the Interstate Benefit Payment Plan, in which case the claimant must satisfy only Canadian availability requirements). Ref. Sec. 72-1366(4), (19), Idaho Code.
a. Permanent Residence. Aliens who have been lawfully admitted to the United States as "immigrants" and those whose status has been adjusted from that of "non-immigrant" under the Immigration and Nationality Act. Evidence of this status is the Alien Registration Receipt Card, or "green card," issued to each lawful permanent resident by the U.S. Department of Homeland Security.
b. Performing Services. "Lawfully present for purposes of performing services" includes three (3) groups of aliens:
i. Canadian and Mexican residents who commute daily or seasonally and are authorized to work in the United States;
ii. Legally-admitted non-immigrants who are granted a status by the U.S. Department of Homeland Security which authorizes them to work in the United States during their stay; and
iii. Other aliens with U.S. Department of Homeland Security authorization to work in the United States regardless of their status.
c. Permanently Residing Under Color of Law. The category of individuals who are "permanently residing in the United States under color of law" includes the following groups of aliens:
i. Refugees, asylees, and parolees, as identified in the Immigration and Nationality Act;
ii. Aliens presumed by the U.S. Department of Homeland Security to be lawfully admitted for permanent residence; and
iii. Aliens who, after review of their particular circumstances under U.S. Department of Homeland Security statutory or regulatory procedures, have been granted a status which allows them to remain in the United States for an indefinite period of time. For informal U.S. Department of Homeland Security action to authorize an alien's residence under "color of law," the U.S. Department of Homeland Security must know of the alien's presence, and must provide the alien with official, documented assurance that enforcement of deportation is not planned.

Idaho Admin. Code r. 09.01.30.125

Effective March 23, 2022