If such individuals are not physically present in the United States, the Board is not required to determine their immigration status under the Welfare Reform Act. With respect to all other Canadian or Mexican nationals, the Board must determine whether they are qualified aliens, nonimmigrants whose visa for entry is related to their employment in the United States, nonimmigrants, or aliens paroled to the United States for less than a year. Consequently, the Board must verify the immigrant status of Canadian and Mexican nationals who are physically present in this country to determine their eligibility for a professional license in accordance with the Welfare Reform Act. This rule also sets forth procedures by which a state or local government can verify eligibility for state or local benefits. Federal or state agencies providing federal public benefits must comply with the rule's verification requirements unless otherwise exempted.
Agencies providing state or local benefits have the option of using the verification procedures.
The Board may consider it advisable to review the Interim Guidance and the rule before implementing any procedures for verifying the eligibility of alien licensure applicants for professional licenses in accordance with the Welfare Reform Act. The Board of Professional Engineers must verify the immigration status of Canadian and Mexican nationals who are physically present in this country seeking licensure in Texas to determine their eligibility for a professional license in accordance with the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended. The Board may not deny licensure to Canadian or Mexican nationals solely because they are not citizens or permanent residents of the United States.