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CFR  

Code of Federal Regulations Pertaining to ETA

Title 20  

Employees' Benefits

 

Chapter V  

Employment and Training Administration, Department of Labor

 

 

Part 653  

Services of the Employment Service System

 

 

 

Subpart B  

Services for Migrant and Seasonal Farmworkers (MSFWs)


20 CFR 653.103 - MSFW job applications.

  • Section Number: 653.103
  • Section Name: MSFW job applications.

    (a) Every local office shall determine whether or not applicants are 

MSFWs as defined at Sec. 651.10 of this chapter.

    (b) Except as provided in Sec. 653.105, when an MSFW applies for JS 

services at a local office or is contacted by an Outreach worker, the 

services available through the JS shall be explained to the MSFW. In 

local offices which have been designated as significant MSFW bilingual 

offices by ETA, this explanation shall be made in Spanish, if necessary 

or requested during any period of substantial MSFW activity. Other local 

offices shall provide bilingual explanations wherever feasible.

    (c) The local office staff member shall provide the MSFW a list of 

those services. The list shall be written in English and Spanish and 

shall specify those services which are available after completion of a 

full application and those services which are available after completion 

of a partial application. The JS staff member shall explain to each MSFW 

the advantages of completing a full application.



Applications shall be reviewed periodically by the local office manager 

or a member of his/her staff to ensure their accuracy and quality. 

Applications and the application-taking process shall also be reviewed 

during State and Federal onsite reviews by the State and Regional MSFW 

Monitor Advocates and/or review staff, who shall check overall accuracy 

and quality, and offer technical advice on corrections or improvements.

    (d) If the MSFW wishes to complete a full application, the staff 

shall provide all assistance necessary to complete the application and 

shall ensure that

the form includes complete information. It shall include, to the extent 

possible, the significant history of the MSFW's prior employment, 

training and educational background and a statement of any desired 

employment and any training needs in order to permit a thorough 

assessment of the applicant's skills, abilities and preferences. All 

applicable items shall be completed according to the ETA instructions 

for preparation of the application card (ES-511). Additional Dictionary 

of Occupational Titles codes or keywords shall be assigned, where 

appropriate, based on the MSFW's work history, training, and skills, 

knowledges, and abilities. Secondary cards shall be completed and 

separately filed when keywords are not used. In extremely small local 

offices where the limited applicant load and file size does not require 

completion of secondary cards, additional D.O.T. codes shall be noted on 

the primary application card.

    (e) If an MSFW wishes any JS service, and does not wish or is unable 

to file a full application, the interviewer shall try to obtain as much 

information as possible for a partial application. The interviewer shall 

enter the information on the partial application. The interviewer shall 

offer to refer the applicant to any available jobs for which the MSFW 

may be qualified, and any JS services permitted by the limited 

information available. He/she shall advise the MSFW that he/she may file 

a full application at any time.

    (f) Partial applications shall be completed according to ETA 

instructions.

    (g) Partial applications for MSFWs shall be filed in accordance with 

local office procedures for filing other partial applications.

    (h) To minimize the need for additional applications in other 

offices, States shall issue JS cards to MSFWs at the initial visit under 

the following conditions:

    (1) When automated data retrieval systems are available in the 

State. In this instance, JS staff shall advise the MSFW that the JS card 

may be presented at any other JS office in the State and that services 

will be provided without completion of an additional application unless 

the services requested require additional information for adequate 

service delivery.

    (2) When an MSFW is referred on an interstate or intrastate order. 

In this instance, when it is known to the order-holding local office 

(through the presentation of an JS card or otherwise) that the MSFW has 

completed a full application or partial application in the applicant 

holding office or elsewhere, an additional application shall not be 

taken by the order-holding office unless the MSFW requests JS services 

in addition to referral on the clearance order.



(Approved by the Office of Management and Budget under control number 

1205-0039)





(Pub. L. No. 96-511, 94 Stat. 2812 (44 U.S.C. 3501 et seq.))

[45 FR 39459, June 10, 1980, as amended at 46 FR 7772, Jan. 23, 1981; 47 

FR 145, Jan. 5, 1982]
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