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2014 agricultural outreach plans and farmworker offices
Summary ETA instructed state workforce agencies on 2014 agricultural outreach plans for migrant and seasonal farmworkers. It designated states and local offices with significant farmworker activity, including offices needing bilingual service, and attached the lists and plan requirements. TEGL 20-16 later rescinded this guidance.
Document
Federal guidance
Agency
U.S. Department of Labor, Employment and Training Administration (ETA)
Document number
TEGL No. 13-13
Date issued
February 25, 2014
Status
Rescinded
TEGL 20-16 expressly rescinded TEGL 13-13. ETA also lists the 2014 advisory Canceled as of 2026-10-24.
Status last verified October 24, 2026
Is this still the rule?
This document has been rescinded. Ezel checks what federal law requires today, under current federal labor law, and answers your situation with citations.
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Accessible letter PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2014/TEGL_13-13_Acc.pdf
CLASSIFICATION
EMPLOYMENT AND TRAINING ADMINISTRATION OWI
ADVISORY SYSTEM CORRESPONDENCE SYMBOL
U.S. DEPARTMENT OF LABOR MSFW
Washington, D.C. 20210 DATE
February 25, 2014
ADVISORY: TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 13-13
TO: STATE WORKFORCE AGENCIES
STATE WORKFORCE ADMINISTRATORS
STATE WORKFORCE LIAISONS
STATE AND LOCAL WORKFORCE INVESTMENT BOARDS
FROM: ERIC M. SELEZNOW /s/
Acting Assistant Secretary
SUBJECT: Instructions and Planning Guidance for the Agricultural Outreach Plans (AOP)
for Program Year (PY) 2014; the Designation of Significant Migrant and
Seasonal Farm Worker (MSFW) States; and the Designation of Significant
MSFW and Bilingual Local Offices
1. Purpose. The purpose of this Training and Employment Guidance Letter (TEGL) is to
transmit guidelines to State Workforce Agencies (SWAs) on the preparation and submission
of the AOP, and to designate the significant MSFW states, the significant MSFW local
offices, and the bilingual local offices for PY 2014.
2. References.
Wagner-Peyser (W-P) Act, as amended (29 U.S.C. 49, et seq.);
Workforce Investment Act of 1998 (WIA), as amended (29 U.S.C. 2801, et seq.);
W-P regulations, 20 CFR 653.107 and 651.10;
TEGL No. 21-11, Requirements for 2012 State Workforce Plans; and
OMB control number 1205-0398, Planning Guidance and Instructions for Submission
of Strategic State Plan and Plan Modifications for Title I of the Workforce Investment Act
and Wagner Peyser Act.
3. Background. States have a responsibility under W-P regulations to provide services to
MSFWs on a basis that is qualitatively equivalent and quantitatively proportionate to services
provided to non-MSFWs. As required in W-P regulations at 20 CFR 653.107, each SWA
develops an annual outreach plan, describing its strategies on how to contact MSFWs who
are not being reached by the normal intake activities conducted by the local offices. The
AOP also describes the activities planned for providing the full range of employment and
training services to the agricultural community, both MSFWs and agricultural employers,
through the American Job Center (AJC) network (formerly referred to as the One-Stop
Career Center system).
RESCISSIONS EXPIRATION DATE
None June 30, 2015
The AOP is required annually; therefore, SWAs must submit the AOP to the Employment
and Training Administration (ETA) each year as a modification to their WIA Title I and W-P
Integrated or Unified Workforce Plan (State Plan). This TEGL provides guidance to SWAs
to develop and submit a new AOP as a modification to the State Plan.
Federal regulations at 20 CFR 651.10 require ETA to annually designate “significant”
MSFW states, which are the 20 states with the highest number of MSFW applicants.
Attachment B of this TEGL provides the list of the 20 significant MSFW states for PY 2014.
In addition, Federal regulations at 20 CFR 651.10 require ETA to annually designate
“significant” MSFW local offices, which are those MSFW local offices that account for 10
percent or more of annual MSFW participants in the W-P program. These regulations also
require ETA to designate annually as “significant bilingual” those MSFW local offices where
an estimated 10 percent or more of MSFW participants require service provision in Spanish
(or other languages). SWAs or the Administrator of ETA’s Office of Workforce Investment
(OWI Administrator) may designate additional local offices as significant MSFW
local/bilingual local offices due to special circumstances, such as an estimated large number
of MSFWs in the local office service area. Attachment C of this TEGL provides the list of
bilingual and significant local offices for PY 2014.
4. State Plan Requirements. In accordance with the Paperwork Reduction Act, the Office of
Management and Budget (OMB) approved the State Integrated Workforce Plan
Requirements for Workforce Investment Act Title I/Wagner-Peyser Act and Department of
Labor Workforce Programs (Integrated Workforce Plan) and Planning Guidance for State
Unified Plans and Unified Plan Modifications Submitted under Section 501 of the Workforce
Investment Act (WIA) under OMB control number 1205-0398. The Integrated Workforce
Plan requirements are available on ETA’s Web site at:
http://www.doleta.gov/usworkforce/wia-planning/docs/integrated-planning-guidance.pdf.
The Unified Plan requirements are available at:
http://www.doleta.gov/usworkforce/wia-planning/docs/unified-planning-guidance.pdf.
Once submitted as a separate plan, the AOP is now an integral component of the State Plan.
5. Agricultural Outreach Plans. SWAs are required to develop an annual AOP that sets
numerical goals, policies, and objectives. Federal regulations at 20 CFR 653.107 require that
the outreach plan include the following elements:
Assessment of need
Proposed outreach activities
Services provided to agricultural employers and MSFWs through the AJC network
Numerical goals
Data analysis
Attachment A of this TEGL provides further details of the data elements and information
required in the AOP.
6. Significant MSFW State Designation. Significant MSFW states are the 20 states with the
highest number of MSFW applicants. ETA bases the designation of the significant states on
the total number of MSFW participants in the W-P program, as reported in the Labor
Exchange Reporting System (LERS) 9002A report. The significant MSFW states must make
maximum efforts to hire outreach staff with MSFW experience for year-round positions and
must assign outreach staff to work full-time during the period of the highest MSFW activity.
These outreach staff must be bilingual if warranted by the characteristics of the MSFW
population in the state, and must spend a majority of their time in the field.
ETA also identifies the five states with the highest estimated year-round MSFW activity.
The factors used to establish these top five states are W-P activities performed on behalf of
MSFWs seeking assistance (e.g., applicant registrations, referrals to employment, referrals to
supportive services, career guidance, job search activities, and referrals to WIA services) as
reported in the LERS 9002A report. In accordance with state merit staff requirements in W-
P regulations at 20 CFR 653.107(i), these five states must assign full-time, year-round staff
to outreach duties.
Attachment B provides the updated list of the significant MSFW states and the list of the five
states with the highest estimated year-round MSFW activity for PY 2014. The five states
with the highest estimated year-round activity (California, Florida, Texas, Washington, and
Michigan) correspond with the top five significant MSFW states.
7. Significant MSFW and Bilingual Local Office Designation.
Significant MSFW local offices are those local offices where MSFWs account for 10 percent
or more of annual applicants and any additional local offices that the OWI Administrator or
SWA determines should be included due to special circumstances, such as an estimated large
number of MSFWs in the local office service area.
Significant bilingual MSFW local offices are those significant MSFW offices where an
estimated 10 percent or more of MSFW applicants require service provisions in Spanish and
any additional local offices that the OWI Administrator or SWA determines should be
included due to special circumstances.
The following is a list of responsibilities associated with AJCs designated as significant
MSFW/bilingual local offices:
Each significant MSFW local office must provide adequate staff assistance to each
MSFW participant in order for MSFWs to effectively obtain specific and general
information on where and how to find employment.
Those offices designated as significant MSFW bilingual offices must explain the
services available through the local office to the MSFW in Spanish (or other
language). SWAs or the OWI Administrator may designate local offices as significant
MSFW bilingual offices due to special circumstances, such as an increase in MSFW
applications or an increase in agricultural job order activity.
Significant MSFW local offices must conduct especially vigorous outreach in their
service areas, which may include thorough and extensive outreach efforts so that a
large number of MSFWs in the area are aware of the full range of the employment
and training services offered through the AJCs.
SWAs must ensure that, once a year, state staff visit those significant MSFW local
offices that have not received an onsite review by Federal staff, to the extent possible.
Also, if necessary, state staff should review those local offices in which significant
problems are revealed by required reports, management information, the Job Service
complaint system or otherwise as soon as possible
When SWAs conduct reviews of significant local offices, SWAs must submit to the
appropriate ETA regional office a copy of the local office formal monitoring review
report and any corrective action plans requested of local offices as a result of these
reviews.
Attachment C of this TEGL contains the list of AJCs designated by ETA as significant
MSFW/bilingual local offices. Designations for PY 2014 remain the same as for PY 2013. ETA
is continuing these designations because there were minimal changes in the data from PY 2013
to PY 2014, and in recognition of the time it takes to implement the requirements associated with
significant MSFW/bilingual local office designation.
8. Performance Indicators. ETA has established program performance indicators for SWAs
that measure minimum W-P service levels to MSFWs and the equity of services provided to
MSFWs in comparison to participants that are not MSFWs.
The five equity indicators include: 1) MSFWs referred to jobs; 2) MSFWs that received
staff-assisted services; 3) MSFWs referred to supportive services; 4) MSFWs provided career
guidance; and 5) MSFWs provided job development contacts. All states are required to meet
at least four of the five equity indicators. Achieving equity occurs when the ratio of the
services provided to MSFWs over the services provided to non-MSFWs is greater than
or equal to one.
Table 1 illustrates the seven minimum service level indicators and their corresponding
compliance levels that address other W-P services to MSFWs.
Table 1: Minimum Service Level Indicators and Compliance Levels
1) MSFWs placed in a job 42.5%
2) MSFWs placed in a job with a wage exceeding the Federal 14%
minimum wage by at least 50 cents/hour
3) MSFWs placed long-term (150 days or more) in a non- 3%
agricultural job
4) Reviews of significant MSFW local offices 100%
5) Field checks conducted on agricultural clearance orders 25%
6) Outreach contacts per staff day 5 contacts per staff day
7) Timely processing of complaints 90%
All significant MSFW states are required to meet at least four of the seven minimum service
level indicators, while the other (non-significant) states should make maximum efforts to
meet these same levels.
9. Action – Submission of the AOP. SWAs must develop the annual AOPs for PY 2014 as a
modification to their approved State Plan and submit the AOPs to the appropriate ETA
Regional Administrator by May 15, 2014, preferably in an electronic format for approval.
Please send a copy to the National Monitor Advocate, at [email protected].
As mentioned in Section 3 of this TEGL, the submission of the AOP is a modification to the
State Plan, and therefore states must follow the provisions for modifications established at 20
CFR 661.230. Further, SWAs should handle the AOP consistent with the state’s procedures
for State Plan modifications, and may include the involvement by the State Workforce
Investment Board.
10. Importance of Participation and Public Comment. In developing the AOP, the SWAs
must solicit information and suggestions from WIA Section 167 National Farmworker Jobs
Program (NFJP) grantees, other appropriate MSFW groups, public agencies, agricultural
employer organizations, and other interested organizations. In addition, at least 45 days
before submitting the final outreach plans to the ETA Regional Administrators, the SWAs
must provide the proposed plans to NFJP grantees, public agencies, agricultural employer
organizations, and other organizations expressing an interest and allow at least 30 days for
review and comment. The plan must include a list of the organizations that the state solicited
for information and suggestions on the AOP, any comments received, and the state’s
responses to those comments. The SWAs must also provide the State Monitor Advocates an
opportunity to review and comment on the AOP.
11. Inquiries. Please direct questions regarding this notice and instructions to the appropriate
Regional Monitor Advocate (RMAs). The list of RMAs can be located in the National
MSFW Monitor Advocate Directory located at http://www.doleta.gov/programs/msfw.cfm.
12. Attachments.
Attachment A: Summary of Annual Agricultural Outreach Plan Requirements
Attachment B: List of Significant MSFW States and the Five States with the Highest
Estimated Year Round MSFW Activity
Attachment C: Nationwide List of Significant MSFW/Bilingual Local Offices
Attachment 1: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2014/Attachment_A_Acc.pdf
Attachment A
Summary of Annual Agricultural Outreach Plan Requirements
The Agricultural Outreach Plan (AOP) portion of the State Plan must describe plans for
providing services to the agricultural community, both for agricultural employers and Migrant
and Seasonal Farmworkers (MSFWs), as described in Wagner-Peyser (W-P) regulations at 20
CFR 653.107, the Workforce Investment Act (WIA) Title I final regulations at 20 CFR
652.107(b)(1), the WIA/W-P Act Integrated Workforce Planning Guidance, and the Unified
Planning Guidance. This attachment provides detail of states that must be included in the AOP
section of the State Plan.
A. Assessment of Need. The assessment of need must include:
(i) A review of the previous year’s agricultural activity in the state.
Identify each major labor-intensive crop activity in the previous year, indicating the
months of heavy activity and the geographic area of prime activity.
(ii) A review of the previous year’s MSFW activity in the state.
Estimate the agricultural labor employed in each of the crops identified in item (i) above.
Estimate the number of MSFWs involved in each, and indicate crop areas that
experienced labor shortages.
(iii) A projected level of agricultural activity in the state for the coming year.
Identify any changes from last year's crop activities as described in item (ii) above.
(iv) A projected number of MSFWs in the state for the coming year, which must take into
account data supplied by WIA Section 167 National Farmworker Jobs Program (NFJP) grantees,
other MSFW organizations, employer organizations and federal and/or state agency data sources
such as the U.S. Department of Agriculture and the Employment and Training Administration.
B. Outreach Activities. The local offices outreach activities must be designed to meet the needs
of MSFWs in the state and to locate and contact MSFWs who are not being reached through
normal intake activities.
The plan for the proposed outreach activities must include:
(i) The goals for the number of MSFWs who will be contacted during the program year by W-P
staff. The plan should also include the number of MSFWs who will be contacted during the year
by other agencies under cooperative arrangements. These numerical goals must be based on the
number of MSFWs estimated to be in the state in the coming year, taking into account the
varying concentration of MSFWs during the seasons in each geographic area, the range of
services needed in each area and the number of W-P and/or cooperating agency staff who will
conduct outreach.1
(ii) An assessment of the resources available for outreach that includes:
1. The number of SWA staff positions the state will assign to outreach activities. The
assessment must indicate the full-time equivalent positions for each local office to which
staff must be assigned, and the number of staff assigned to the state office for this
purpose.
2. Where the number of SWA staff positions assigned to outreach activities is less than in
the prior year, please provide an explanation for the reduction and the expected effect of
the reduction on direct outreach activities, as indicated in 20 CFR 653.107(h)(3)(i).
3. The resources to be made available through existing cooperative agreements with public
and private community service agencies and MSFW groups. (States are encouraged to
initiate cooperative agreements with WIA Section 167 NFJP grantees for outreach
position.)
(iii) The tools which will be used to conduct outreach contacts, including personal contact,
printed matter, videotapes, slides, and/or cassette recordings.
C. Services Provided to MSFWs through the American Job Center (AJC) Network. The
plan must provide specific information on how core, intensive, and training services required
under WIA Title I will be provided to MSFWs through the AJC network (previously referred to
as the One-Stop Career Center system). States should provide information on how MSFWs will
be provided staff-assisted services and how MSFWs will be served in an electronic environment
in the AJCs and/or affiliate sites. States should consider how they will enable these AJC
customers to advance their skills and be competitive in a local, regional and global economy.
D. Services Provided to Agricultural Employers through the AJC Network. The plan must
describe efforts that will be taken to provide services to agricultural employers in states with an
adequate supply of U.S. workers and in those states where a shortage of workers is anticipated.
The services provided to agricultural employers can be incorporated into the section of the
WIA/W-P plan on serving employers in general.
E. Data Analysis.
(i) Previous year’s history (based on Program Year (PY) 2011 data):
Number of agricultural job orders and openings received,
Number of agricultural job orders filled,
Percent to be filled,
Number of interstate clearance orders received, and
1
The numerical goals that must be included in the agricultural outreach plan are in reference only to the proposed outreach
activities and are not negotiated performance targets.
Number of interstate clearance orders initiated.
(ii) Plan for upcoming year (based on estimated data):
Number of agricultural job orders expected to be received,
Number of agricultural job orders projected to be filled,
Percent to be filled,
Estimated number of interstate clearance orders the state will receive, and
Estimated number of interstate clearance orders the state will initiate.
F. Other Requirements.
(i) State Monitor Advocate. The plan must contain a statement that indicates that the State
Monitor Advocate has been afforded the opportunity to review and comment on the PY 2014
AOP.
(ii) Review and Public Comment. The plan must provide information indicating that WIA
Section 167 NFJP grantees, other appropriate MSFW groups, public agencies, agricultural
employer organizations and other interested employer organizations, have been given an
opportunity to comment on the state AOP. Include the list of organizations from which
information and suggestions were solicited, any comments received, and state responses to those
comments.
Attachment 2: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2014/Attachment_B_Acc.pdf
Attachment B
LIST OF SIGNIFICANT MSFW STATES FOR PY 2014
MSFW
STATE Applicants1
1 CALIFORNIA 50,863
2 FLORIDA 19,251
3 WASHINGTON 15,632
4 TEXAS 9,537
5 OREGON 9,325
6 MICHIGAN 8,409
7 NORTH CAROLINA 6,649
8 GEORGIA 5,127
9 IOWA 2,730
10 ARIZONA 2,507
11 OHIO 2,457
12 IDAHO 2,387
13 SOUTH CAROLINA 1,907
14 UTAH 1,755
15 ILLINOIS 1,703
16 PUERTO RICO 1,477
17 WISCONSIN 1,354
18 NEW MEXICO 1,339
19 PENSYLVANIA 1,278
20 VIRGINIA 978
STATES WITH HIGHEST ESTIMATED MSFW ACTIVITY FOR PY 20142
California
Florida
Washington
Texas
Oregon
1 Data used to designate significant MSFW states was obtained from ETA Report 9002A for PY 2012, except for the states of
PA and TX. The data for these two states was obtained from the Standardized Quarterly Performance Report, ETA Report 9132
for PY 2012.
2 Data used to identify the five states with the highest estimated MSFW activity is based on data on services provided to MSFWs
through the Wagner-Peyser program as reported on the ETA 9002A report for PY 2012.
Attachment 3: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2014/Attachment_C_Acc.pdf
Attachment C
List of significant MSFW/Bilingual Local Offices for Program Year 2014
* = Bilingual Offices ** = Special Circumstance Offices
Arizona Casa Grande * **
Arizona Douglas * **
Arizona Phoenix Southwest * **
Arizona San Luis * **
Arizona Yuma * **
California Salinas *
California Gilroy * **
California Watsonville * **
California Hollister * **
California Napa * **
California Santa Rosa * **
California Ukiah * **
California Sacramento * **
California Lakeport * **
California Marysville * **
California Oroville * **
California Merced * **
California Los Banos * **
California Modesto * **
California Turlock * **
California Stockton * **
California Manteca * **
California Oxnard * **
California Fresno * **
California Mendota *
California Hanford *
California Santa Maria * **
California Porterville *
California Visalia *
California San Luis Obispo * **
California Bakersfield *
California Delano *
California Indio * **
California Blythe *
California Oceanside * **
California Chula Vista * **
California Calexico *
California El Centro *
Colorado Brighton AJC (Adams Local Workforce Investment Area) * **
Colorado Delta AJC (Western Local Workforce Investment Area) * **
Colorado Greeley AJC (Weld Local Workforce Investment Area) * **
List of significant MSFW/Bilingual Local Offices for Program Year 2014
* = Bilingual Offices ** = Special Circumstance Offices
Colorado Monte Vista AJC (South Central Local Workforce Investment Area) * **
Colorado Rocky Ford AJC (Southeast Local Workforce Investment Area) * **
Colorado Lamar AJC (Southeast Local Workforce Investment Area) * **
Delaware Dover *
Florida Plant City *
Florida Wauchula *
Florida Belle Glade *
Florida Homestead *
Florida Clewiston *
Florida Immokalee *
Florida Quincy * **
Florida Winter Haven * **
Florida Bradenton * **
Florida Sebring * **
Florida Port Saint Lucie * **
Georgia Americus **
Georgia Bainbridge **
Georgia Cordele **
Georgia Douglas **
Georgia Dublin **
Georgia Moultrie **
Georgia Tifton **
Georgia Vidalia **
Georgia Waycross **
Idaho Canyon County *
Idaho Rexburg *
Idaho Blackfoot *
Idaho Pocatello *
Idaho Mini-Cassia *
Idaho Mountain Home **
Idaho Idaho Falls **
Idaho Magic Valley **
Idaho Payette **
Idaho Bonners Ferry **
Illinois Champaign *
Illinois Peoria *
Iowa Iowa City *
Iowa Burlington
Iowa Waterloo
List of significant MSFW/Bilingual Local Offices for Program Year 2014
* = Bilingual Offices ** = Special Circumstance Offices
Iowa Marshalltown *
Iowa Council Bluffs **
Michigan Sparta *
Michigan Shelby *
Michigan Holland *
Michigan Mason
Michigan Dowagiac
Minnesota Faribault *
Minnesota Mankato *
Minnesota Rochester *
Minnesota Wilmar *
Montana Dillon AJC
Montana Glasgow AJC
New Jersey Vineland **
New Jersey Hammonton **
New Mexico Deming AJC (Southwestern Local Workforce Investment Area) *
New Mexico Sunland Park AJC (Southwestern Local Workforce Investment Area) *
New Mexico Las Cruces AJC (Southwestern Local Workforce Investment Area) * **
New York Pine Island: Satellite to Middletown (Orange County)
New York Albion (Orleans County)* **
New York Rochester/Lyons (Wayne County)* **
New York Riverhead/Spanish Apostolate: Satellite to Patchogue (Suffolk County)* **
New York Dunkirk (Chautauqua County)* **
New York Plattsburgh (Clinton County)* **
New York Hudson (Columbia County)* **
New York Kingston (Ulster County)* **
New York Lockport (Niagara County)* **
New York Syracuse (Onondaga County)*
North Carolina Clinton *
North Carolina Edenton *
North Carolina Kenansville *
North Carolina Lincolnton *
North Carolina Lumberton *
North Carolina Rocky Mount *
Oregon Ontario *
Oregon Hermiston *
Oregon The Dalles *
Oregon Woodburn *
List of significant MSFW/Bilingual Local Offices for Program Year 2014
* = Bilingual Offices ** = Special Circumstance Offices
Oregon Salem * **
Oregon Hillsboro/Beaverton * **
Oregon Medford * **
Pennsylvania Gettysburg *
Puerto Rico Humacao
Puerto Rico Ponce
Puerto Rico Mayagüez
Puerto Rico San German
Puerto Rico Arecibo
Puerto Rico Guayama
South Carolina Beaufort *
South Carolina Charleston *
South Carolina Greenwood *
South Carolina Spartanburg *
South Carolina Sumter *
Texas Mission AJC (Lower Rio Grande Workforce Development Area) *
Texas Edinburg AJC (Lower Rio Grande Workforce Development Area) *
Texas Weslaco AJC (Lower Rio Grande Workforce Development Area) *
Texas Raymondville AJC (Lower Rio Grande Workforce Development Area)
Texas Eagle Pass AJC (Middle Rio Grande Workforce Development Area)
Texas Floydada/Plainview AJC (South Plains Workforce Development Area)
Texas Muleshoe AJC (South Plains Workforce Development Area)
Texas Fabens AJC (Upper Rio Grande Workforce Development Area)
Virginia Onley *
Virginia Winchester **
Washington WorkSource Sunnyside *
Washington WorkSource Central Basin *
Washington WorkSource Okanogan – Omak *
Washington Wenatchee WorkSource Affiliate *
Washington WorkSource Walla Walla *
Washington WorkSource Columbia Gorge *
Washington WorkSource Columbia Basin *
Washington WorkSource Yakima *
Washington WorkSource Skagit * **
West Virginia Martinsburg
Wisconsin Beaver Dam *
Wisconsin Wautoma *
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