[Code of Federal Regulations]
[Title 20, Volume 3]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR653.103]

[Page 429-431]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
 CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 653--SERVICES OF THE EMPLOYMENT SERVICE SYSTEM--Table of Contents
 
    Subpart B--Services for Migrant and Seasonal Farmworkers (MSFWs)
 
Sec. 653.103  MSFW job applications.

    (a) Every local office shall determine whether or not applicants are 
MSFWs as defined at Sec. 651.10 of this chapter.

[[Page 430]]

    (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

[[Page 431]]

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]