23-781. Denial of benefits to certain athletes
and aliens
A. Benefits based on services, substantially all of which consist of participating
in sports or athletic events or training or preparing to so participate, shall not be
paid to an individual for any week of unemployment which begins during the period between
two successive sport seasons, or similar periods, if the individual performed such
services in the first of such seasons or similar periods and there is a reasonable
assurance that such individual will perform such services in the later of such seasons or
similar periods.
B. Benefits shall not be payable for weeks of unemployment beginning on and after
January 1, 1978, on the basis of services performed by an alien unless such alien is an
individual who was lawfully admitted for permanent residence at the time such services
were performed, was lawfully present for purposes of performing such services, or was
permanently residing in the United States under color of law at the time such services
were performed (including an alien who was lawfully present in the United States as a
result of the application of the provisions of section 203(a)(7) or section 212(d)(5) of
the immigration and nationality act). Any data or information required of individuals
applying for benefits to determine whether benefits are not payable to them because of
their alien status shall be uniformly required from all applicants for benefits. In the
case of an individual whose application for benefits would otherwise be approved, no
determination that benefits to such individual are not payable because of his alien
status shall be made except upon a preponderance of the evidence.
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