All states must ensure that MSFW population group is considered in the development of their Equal Employment Opportunity (EEO) plan. All states must include racial and ethnic characteristics for any MSFW population, which is not a part of the permanent workforce, in the overall racial and ethnic characteristics.

Because of MSFWs' transiency, they are often overlooked in the labor force analysis; therefore, a formula was developed to estimate and include MSFWs in the workforce analysis. This formula is detailed at CFR 20 653.111. To determine the total work-years MSFWs spend in the area, estimate the average length of time as a fraction of a year that MSFWs stay in the area. Multiply that by the estimated MSFW population in the area.

Special requirements for some states (with designated offices) by virtue of the number of MSFWs in certain local offices, are required to develop affirmative action plan for those specific offices designated by ETA plans must be included in the State's Program Budget Plan.

Office assigned the status of "affirmative action significant MSFW local offices" were determined according to the requirement that State Workforce agencies, which have within their jurisdiction one or more local offices representing the top 20 percent of MSFW activity nationally, as designated by ETA, must develop affirmative action plans for those local offices.

These plans must include an analysis of the workforce and staffing and must establish, where necessary, goals and timetables to hire qualified, permanent staff in under represented categories. Where qualified minority applicants are not available to be hired as permanent staff, qualified minority part-time, provisional, or temporary staff shall be hired according to state merit procedures. The plans must also describe specific actions and time frames that the agency will use to recruit MSFWs for its staff.