AUTHORITY: Implementing and authorized by Sections 614, 1700 and 1701 of the Unemployment Insurance Act [820 ILCS 405].

SOURCE: Adopted as 56 Ill. Adm. Code 800.70, 800.71, 800.72, 800.73, 800.74, 800.670, 800.690 and 800.691 at 7 Ill. Reg. 383, effective December 23, 1982; recodified to 56 Ill. Adm. Code 1200: Subpart B at 8 Ill. Reg. 6039; recodified to 56 Ill. Adm. Code 2905: Subpart A at 8 Ill. Reg. 19426; amended at 13 Ill. Reg. 11502, effective June 29, 1989; amended at 43 Ill. Reg. 6550, effective May 14, 2019; amended at 48 Ill. Reg. 5973, effective April 3, 2024.

SUBPART A: GENERAL PROVISIONS

 

Section 2905.1  Unemployment Benefits to Noncitizens

 

A noncitizen can establish monetary eligibility (see Section 500 of the Unemployment Insurance Act (Act) [820 ILCS 405] and 56 Ill. Adm. Code 2720.1) to receive unemployment insurance benefits only to the extent and on the basis of wages that the individual earned during the individual's base period while the individual was lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law, as provided in 56 Ill. Adm. Code 2905.10 or 2905.15, as the case may be.

 

EXAMPLE:  An individual illegally enters the United States in 2012 and begins work at that time.  The individual applies for and is granted permanent residence status as of May 1, 2019.  Only those wages that this individual earns on or after May 1, 2019 may be used to establish the individual's monetary eligibility for benefits.

 

(Source:  Amended at 48 Ill. Reg. 5973, effective April 3, 2024)

 

Section 2905.5  Definitions

 

For the purposes of 56 Ill. Adm. Code 2905, the terms hereunder shall be defined as follows:

 

"Act" means the Unemployment Insurance Act [820 ILCS 405].

 

"Immigrant" is a noncitizen who has been accorded by the United States the privilege of entering the country for permanent residence and of becoming a citizen of the United States under the conditions provided in the Immigration and Nationality Act.

 

"Noncitizen" means any person not a citizen or national of the United States, as the word "alien" is defined in the Immigration and Nationality Act [8 U.S.C. 1101].

 

(Source:  Amended at 48 Ill. Reg. 5973, effective April 3, 2024)

 

Section 2905.10  When Is A Noncitizen Lawfully Admitted For Permanent Residence

 

A noncitizen is considered lawfully admitted for permanent residence in the United States if the individual is given the status of an immigrant; provided, however, that the Canadians and Mexicans who are allowed to enter the United States for daily or seasonal work shall likewise be considered as lawfully admitted for permanent residence.

 

(Source:  Amended at 48 Ill. Reg. 5973, effective April 3, 2024)

 

Section 2905.15  Permanent Residence Under Color of Law

 

a)         A noncitizen is considered permanently residing in the United States under color of law if the individual's presence in this country is presumptively legal under federal law (including 8 U.S.C. 1157, 8 U.S.C. 1158, 8 U.S.C. 1182, and 8 CFR 101.2).

 

b)         The mere fact that a particular individual, group or class of individuals is temporarily not subject to deportation does not mean that the individual or members of that group or class are permanently residing in the United States under color of law.  In these circumstances, in order to establish that the individual is permanently residing in the United States under color of law, the individual or group or class member must show that the Immigration and Naturalization Service (INS) or the U.S. Citizenship and Immigration Services (USCIS) has provided written notification that the individual may remain in the United States for an indefinite period of time.

 

(Source:  Amended at 48 Ill. Reg. 5973, effective April 3, 2024)

 

Section 2905.20  Evidence of Eligibility

 

A claimant who indicates in the claimant's application for benefits that the individual is not a citizen of the United States must produce evidence that the individual is not ineligible.  The presentation of a valid U.S. Immigration and Naturalization Service (INS) Form I-151 or a valid U.S. Citizenship and Immigration Services (USCIS) Form I-551, commonly known as the "green card", or other similar documents issued by INS or USCIS will be sufficient for a finding that the noncitizen is eligible under Section 614 of the Act.  Without the presentation of these documents, the burden of coming forth with evidence of eligibility is upon the noncitizen.  Documents tending to show eligibility for benefits under this Section may be submitted for verification or clarification to INS or USCIS; however, benefits shall not be withheld pending such verification unless the claimant admits that the claimant is not legally in the United States or unless the documents appear to be altered.

 

(Source:  Amended at 48 Ill. Reg. 5973, effective April 3, 2024)

 

Section 2905.25  Ineligibility On The Basis Of Alienage (Repealed)

 

(Source:  Repealed at 13 Ill. Reg. 11502, effective June 29, 1989)

 

Section 2905.30  Information Regarding Claimants' Status

 

Any data or information required under 56 Ill. Adm. Code 2905 shall be requested or utilized by the Director without regard to the ethnic, racial or linguistic characteristics of the claimant.

 

Section 2905.35  Evidence Of Ineligibility Because Of Noncitizen Status

 

When a determination is made that a claimant is not entitled to unemployment benefits because the individual does not meet the requirements provided in Section 614 of the Unemployment Insurance Act, such determination must be supported by a preponderance of the evidence.

 

(Source:  Amended at 48 Ill. Reg. 5973, effective April 3, 2024)

 

Section 2905.40  Legal Authorization to Work

 

In order to be eligible to receive benefits, an individual must be available to work (see Section 500C of the Act).  In order to meet this availability requirement, a noncitizen must be legally authorized to work in the United States.  A noncitizen without current authorization to work from Immigration and Naturalization Service (INS) or U.S. Citizenship and Immigration Services (USCIS), or who is not in a status that automatically permits the noncitizen to work, is not legally available for work and not eligible for benefits, even if the noncitizen meets the monetary eligibility requirements of Section 500E of the Act.

 

(Source:  Amended at 48 Ill. Reg. 5973, effective April 3, 2024)