Page:United States Statutes at Large Volume 110 Part 3.djvu/539

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PUBLIC LAW 104-193—AUG. 22, 1996 110 STAT. 2269 (A) to any contract, professional license, or commercial license for a nonimmigrant whose visa for entry is related to such employment in the United States; or (B) with respect to benefits for an alien who as a work authorized nonimmigrant or as an aUen lawfully admitted for permanent residence under the Immigration and Nationality Act qualified for such benefits and for whom the United States under reciprocal treaty agreements is required to pay benefits, as determined by the Secretary of State, after consultation with the Attorney General. (3) Such term does not include any Federal public benefit under section 4001(c). (d) STATE AUTHORITY TO PROVIDE FOR ELIGIBILITY OF ILLEGAL ALIENS FOR STATE AND LOCAL PUBLIC BENEFITS. —A State may provide that an alien who is not lawfully present in the United States is eligible for any State or local public benefit for which such alien would otherwise be ineligible under subsection (a) only through the enactment of a State law after the date of the enactment of this Act which affirmatively provides for such eligibility. SEC. 412. STATE AUTHORITY TO LIMIT ELIGIBILITY OF QUALIFIED 8 USC 1622. ALIENS FOR STATE PUBLIC BENEFITS. (a) IN GENERAL. —Notwithstanding any other provision of law and except as provided in subsection (b), a State is authorized to determine the eligibility for any State public benefits of an alien who is a qualified alien (as aefined in section 431), a nonimmigrant under the Immigration and Nationality Act, or an alien who is paroled into the United States under section 212(d)(5) of such Act for less than one year. (b) EXCEPTIONS. —Qualified aliens under this subsection shall be eligible for any State public benefits. (1) TIME-LIMITED EXCEPTION FOR REFUGEES AND ASYLEES. — (A) An alien who is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act until 5 years after the date of an alien's entry into the United States. (B) An alien who is granted asylum under section 208 of such Act until 5 years after the date of such grant of asylum. (C) An alien whose deportation is being withheld under section 243(h) of such Act until 5 years after such withholding. (2) CERTAIN PERMANENT RESIDENT ALIENS.—An alien who— (A) is lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act; and (B)(i) has worked 40 qualifying quarters of coverage as defined under title II of the Social Security Act or can be credited with such qualifying quarters as provided under section 435, and (ii) in the case of any such qualifying quarter creditable for any period beginning after December 31, 1996, did not receive any Federal means-tested public benefit (as provided under section 403) during any such period. (3) VETERAN AND ACTIVE DUTY EXCEPTION. —An alien who is lawfully residing in any State and is—