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Who are Migrant and Seasonal Farmworkers

Who are Migrant and Seasonal Farmworkers (MSFWs)?

An MSFW is either, a migrant farmworker , a seasonal farmworker , or a migrant food processing worker:

Seasonal Farmworkers - is a person who during the preceding 12 months worked at least an aggregate of 25 or more days or parts of days in which some work was performed in farmwork earned at least half of his/her earned income from farmwork , and was not employed in farmwork year round by the same employer.

Migrant Farmworkers - is a seasonal farmworker who had to travel to do the farmwork so that he/she was unable to return to his/her permanent residence within the same date.

Migrant Food Processing Worker - means a person who during the preceding 12 months has worked at least an aggregate of 25 or more days or parts of days in which some work was performed in food processing (as classified in the North American Industry Classification System (NAICS) 311411, 311611, 311421 for food processing establishments), earned at least half of his/her earned income from processing work and was not employed in food processing year round by the same employer, provided that the food processing required travel such that the worker was unable to return to his/her permanent residence in the same day. Migrant food processing workers who are full-time students but who travel in organized groups rather than with their families are excluded.

The above definitions were taken from 20 CFR Part 500 Reg. 651

What are Significant States and Significant Local Offices? 20 CFR 651.10

Significant States - are states that have the highest number of Migrant Seasonal Farmworkers (MSFW) applicants that utilize services available under the Wagner- Peyser Act and the WIA of 1998. The Employment and Training Administration designates annually the top twenty states with the highest MSFW activity based on data received from state and local offices.

Significant Local Offices - are designated annually by ETA and include those local offices where MSFWS account for 10% or more of annual applicants. In addition, those local offices that are located in an area with a large number of MSFWs can be designated as significant even if MSFWs do not account for 10% of applications.

Significant bilingual Local Offices - are also designated annually by ETA and include those significant MSFW offices where 10% or more of MSFW applicants require service provisions in Spanish (or other language)