National Farmworker Jobs Program eligibility, Change 2

CLASSIFICATION
   EMPLOYMENT AND TRAINING ADMINISTRATION                WIOA-NFJP
               ADVISORY SYSTEM                           CORRESPONDENCE SYMBOL
          U.S. DEPARTMENT OF LABOR                       OWI
             Washington, D.C. 20210                      DATE
                                                         January 17, 2025

ADVISORY:       TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 18-16
                CHANGE 2

TO:             STATE WORKFORCE ADMINISTRATORS
                STATE WORKFORCE AGENCIES
                STATE WORKFORCE LIAISONS
                STATE AND LOCAL WORKFORCE BOARDS AND CHAIRS
                AMERICAN JOB CENTERS
                NATIONAL FARMWORKER JOBS PROGRAM GRANTEES
                STATE MONITOR ADVOCATES

FROM:           JOSÉ JAVIER RODRÍGUEZ
                Assistant Secretary

SUBJECT:        Revisions to Training and Employment Guidance Letter 18-16, Change 1
                Program Eligibility and Enrollment Guidance for the National Farmworker Jobs
                Program

1. Purpose. To clarify program eligibility for the National Farmworker Jobs Program (NFJP)
   authorized under Section 167 of the Workforce Innovation and Opportunity Act (WIOA).

2. Action Requested. All NFJP programs funded by the U.S. Department of Labor must follow
   these eligibility requirements. Additionally, grantees must have policies and procedures in
   place to connect individuals who are determined ineligible for NFJP services to American
   Job Center (AJC) services or alternative programs for which they may qualify. Similar to
   other programs, NFJP grantees must ensure their policies and procedures for program
   eligibility and other key requirements are aligned with all ETA advisories, which includes
   accounting for advisories that have been superseded by successive guidance. See
   WorkforceGPS - National Farmworker Jobs Program Related Advisories.

3. Summary and Background.

   a. Summary – This Training and Employment Guidance Letter (TEGL) No. 18-16, Change
      2 is an update to the previously released TEGL 18-16 Change 1 dated July 12, 2021. This
      Change 2 allows grantees to consider the nature of the agriculture industry, including the
      nature of farmworkers’ employment patterns and irregular income, when determining
      program eligibility. Changes in this TEGL include:
       i.   Guidance on how to apply the eligibility requirement that participants must be
            “primarily employed in farmwork” to receive NFJP services,
      ii.   Revisions to align with TEGL 23-19 Change 1 and TEGL 23-19 Change 2,

   RESCISSIONS                                            EXPIRATION DATE
   TEGL 18-16 Change 1                                    Continuing

     iii.    Updates to Section 4.d, Definitions to clarify the terms Seasonal Farmworker, Low-
             income Individual, and Other Individuals,
      iv.    Updates to Section 4.e, Eligibility Determination Procedures to remove the
             application validity period of 60-days from the date of the initial application, and
      v.     Updates to Attachment I, which contains income information.

   b. Background – NFJP provides career services, training services, housing assistance
      services, youth services, and related assistance services to low-income migrant and
      seasonal farmworkers (MSFWs) and their dependents including MSFW youth, and
      dependents. NFJP grantees partner with AJCs and State Monitor Advocates to support a
      comprehensive system that seamlessly provides integrated services that are accessible to
      farmworkers and their families.

4. Program Details.

   The purpose of NFJP services and activities established under WIOA Section 167 is to
   strengthen the ability of agricultural workers, including eligible MSFWs and their
   dependents, to obtain, stabilize, or advance in agricultural jobs or obtain employment in other
   industries. To support better economic outcomes for farmworkers and their dependents,
   housing grant recipients work to meet a critical need for safe and sanitary permanent and
   temporary housing.

   a. Eligibility requirements for eligible seasonal farmworker adult, eligible migrant
      farmworker adult, and eligible MSFW youth under WIOA Section 167:

      •     Migrant Farmworker or Seasonal Farmworker Status. An individual must be or have
            been primarily employed in agricultural or fish farming labor as described under the
            definition of: 1) Farmwork and 2) Seasonal Farmworker or Migrant Farmworker.
      •     Low-income Status. An individual must be a low-income individual as described
            under the definition of Low-income. Also, see the definition of family income and
            consider when to use an individual’s income or family income.

   b. Eligibility requirements for a dependent adult or a dependent youth of an eligible MSFW
      under WIOA Section 167:

      •     Dependent Status. To receive any services as a dependent of an eligible MSFW, an
            individual must meet the definition of Dependent (see Section 4.d).
      •     Migrant Farmworker or Seasonal Farmworker Status. To receive any services as a
            dependent of an eligible MSFW, an individual’s farmworker family member must be
            or have been primarily employed in agricultural or fish farming labor as described
            under the definition of: 1) Farmwork and 2) Seasonal Farmworker or Migrant
            Farmworker. That is, a dependent’s farmworker family member must meet the
            farmworker status requirement described above. The dependent individual who will
            receive services does not need to meet the farmworker status requirement themselves.
      •     Low-income Status. To receive any services as a dependent of eligible MSFW, an
            individual’s farmworker family member must be a low-income individual as

       described in the definition of Low-income. That is, a dependent’s farmworker family
       member must meet the low-income status requirement. The individual who is a
       dependent and who will receive services does not need to meet the low-income status
       requirement themselves.

   Note: See TEGL 23-19 Change 2 or successive guidance for information on validating
   required performance data. TEGL 23-19 Change 2 Attachment I provides program
   specific instructions and Attachment II identifies source documentation, including using
   self-attestation for certain data elements such as for the Participant Individual Record
   Layout (PIRL) data element #808 Migrant and Seasonal Farmworker Status and #802
   Low-income Status at Program Entry.

c. Other Key Requirements. In addition to the requirements explained above, grantees must
   incorporate the additional criteria below when they develop their policies and procedures
   for program eligibility.

   i. Age:
      • An individual ages 14-24 may receive services that are designed for youth.
      • An individual ages 18 and older may receive services that are designed for adults.
      • Individuals ages 18-24 may receive services as either an adult or a youth, but not
         in both categories. Grantees should assess an individual’s needs, aspirations, and
         preferences as well as their approved program plans to determine if an individual
         will receive services through the grantee’s adult program or youth program.
      • Additionally, Career Services and Training grantees must follow their established
         performance targets. For example, grantees who establish targets for adult
         performance indicators are approved to serve adults only. Grantees who establish
         targets for youth performance indicators and adult performance indicators are
         approved to serve both youth and adults.
      • These age requirements apply both to individuals who receive services that trigger
         inclusion as participants and services that do not (i.e. reportable individuals).

   ii. Selective Service Registration:
       • In order to participate in a program established by or receiving assistance under
           Title I of WIOA, all males born on or after January 1, 1960 must present
           documentation showing compliance with the Selective Service registration
           requirement as required by Section 3 of the Military Selective Service Act (50
           U.S.C. App. 453) (see WIOA Section 189(h)).
       • TEGL 11-11, Change 1 and Change 2 describe Selective Service registration
           requirements for ETA programs authorized by WIOA (TEGL 11-11 Change 1
           and Change 2 implemented the requirements of WIA Section 189(h), and WIOA
           retains the same requirements). They explain that male individuals who failed to
           register for the Selective Service may still be eligible for enrollment as a
           participant in NFJP services if they are able to provide, and the grantee
           determines, that there was not a knowing and willful failure to register.
           Additionally, they clarify that grantees must, at minimum, document that they

                  have verified Selective Service registration with male individuals who are
                  enrolled as participants.

         iii. Veterans’ Priority of Service:
              Veterans and eligible spouses receive priority of services for all DOL-funded job
              training programs, including NFJP programs. In circumstances where a grantee must
              choose between two qualified candidates for a service, one of whom is a veteran or
              eligible spouse, the veterans’ priority of service provisions require that the grantee
              give priority of serve by first providing the veteran or eligible spouse that service. To
              obtain priority of service, a veteran or spouse must meet NFJP eligibility
              requirements. Grantees must comply with DOL guidance on veterans’ priority. ETA’s
              TEGL No. 10-09 (issued November 10, 2009) provides guidance on implementing
              priority of service for veterans and eligible spouses in all qualified job training
              programs funded in whole or in part by DOL. For additional information on veteran’s
              priority of service and WIOA, please see TEGL No. 19-16.

    d. Definitions. Agricultural work varies widely depending on a state service area, type of
       farm and farmer, and commodity specialization. The NFJP definition of farmwork is
       extremely broad and is meant to encompass all agricultural work performed on a farm.1
       To effectively implement NFJP and meet the needs of MSFWs and their dependents,
       grant recipients must have familiarity with agricultural industries and the labor market
       needs of the service area. To enhance their understanding of farmwork in their state
       service area, the Department encourages grantees to draw upon multiple sources of
       information, including consultation with the State Monitor Advocate and other subject
       matter experts such as Farm Labor Specialists and employers who are familiar with the
       agriculture industry in their state service area.

         To help determine participant eligibility, see the definitions below:

         i. Eligible seasonal farmworker. Eligible seasonal farmworker, as defined in WIOA
            Section 167(i)(3)(A), means a low-income individual who: i.) for 12 consecutive
            months out of the 24 months prior to application for the program involved, has been
            primarily employed in agricultural or fish farming labor that is characterized by
            chronic unemployment or underemployment, and ii.) faces multiple barriers to

1
 The definition of “farmwork” applicable to NFJP is “work while employed in the occupations described in §
651.10.” 20 CFR 685.110. 20 CFR 651.10 states:
Farmwork means the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and
harvesting of any agricultural or horticultural commodities. This includes the raising of livestock, bees, fur-bearing
animals, or poultry, the farming of fish, and any practices (including any forestry or lumbering operations)
performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including
preparation for market, delivery to storage or to market or to carriers for transportation to market. It also includes the
handling, planting, drying, packing, packaging, processing, freezing, or grading prior to delivery for storage of any
agricultural or horticultural commodity in its unmanufactured state. For the purposes of this definition, agricultural
commodities means all commodities produced on a farm including crude gum (oleoresin) from a living tree products
processed by the original producer of the crude gum (oleoresin) from which they are derived, including gum spirits
of turpentine and gum rosin. Farmwork also means any service or activity covered under § 655.103(c) of this
chapter and/or 29 CFR 500.20(e) and any service or activity so identified through official Department guidance such
as a Training and Employment Guidance Letter.

economic self-sufficiency. Dependents of an eligible seasonal farmworker may
receive NFJP services.

The definition for eligible seasonal farmworkers includes the following key terms:

•   The term “seasonal farmworker” is specifically defined for purposes of the NFJP
    program. This definition is different from the definitions of temporary and
    seasonal farmworker that apply to other programs.

•   The NFJP definition of seasonal farmworker includes:
        o individuals who are or were employed on a seasonal basis and move from
           one seasonal activity to another;
        o individuals who are or were employed year-round with variable schedules
           or activities depending on the type of farming and the time of year, such as
           work on dairy farms or farms that raise livestock or poultry, etc;
        o individuals who are or were employed during peak or off season and either
           work in another type of employment during the year or have periods of
           unemployment; or
        o any other individuals whose work history the grantee determines fits the
           definition.
•   The phrase “primarily employed in agricultural or fish farming labor” refers to an
    individual who during any 12 consecutive months out of the 24 months prior to
    application either:
        1) spent at least half of their working hours employed in farmwork, OR
        2) earned at least half of their total income from farmwork.

    Demonstration of both 1 and 2 is not required.

•   Additionally, the term “employed” includes three groups of workers: (1)
    individuals who are self-employed farmworkers, (2) individuals who work as
    unpaid farmworkers, and (3) individuals who are hired farmworkers, including
    direct hires and workers employed by farm labor contractors.

•   The terms “chronic unemployment or underemployment” refer to the nature of the
    agriculture or fish farming labor force as a whole and not whether an individual
    applicant is chronically unemployed or underemployed. For purposes of
    determining eligibility, grantees do not need to demonstrate that an individual is
    either chronically unemployed or underemployed. Similarly, grantees are not
    required to separately document that an individual faces multiple barriers to
    economic self-sufficiency in determining eligibility, since farmworker status and
    low-income status are both barriers to employment as defined in WIOA Section
    3(24) (and thus, individuals who meet the farmworker and low-income criteria
    have multiple barriers by definition). Additionally, although grantees are not

       required to separately document multiple barriers to determine eligibility, grantees
       should document any information about an applicant’s barriers to economic self-
       sufficiency and use it to inform the development of a career plan for all
       participants as well as to improve the program’s effectiveness.

ii. Eligible migrant farmworker. Eligible migrant farmworker, as defined in WIOA
    Section 167(i)(2), means an eligible seasonal farmworker as defined in WIOA
    Section 167(i)(3) whose agricultural labor requires travel to a job site such that the
    farmworker is unable to return to a permanent place of residence within the same day.
    Dependents of eligible migrant farmworkers may receive NFJP services.

iii. Eligible MSFW youth. Eligible MSFW youth, as defined in 20 C.F.R. 685.110,
     means an eligible MSFW aged 14-24 who is individually eligible or is a dependent of
     an eligible MSFW. When an MSFW youth is individually eligible this means their
     own income and farmwork status meets the low-income and farmwork requirements.
     When enrolling an individual aged 14-24 who is individually eligible as an MSFW
     youth, grantees are not required to determine if that individual is a dependent. When
     enrolling an individual aged 14-24 as a dependent, grantees are required to determine
     if an individual is a dependent.

iv. Dependent. The definition of an individual who qualifies as a dependent of a of an
    eligible MSFW for purposes of the NFJP program is at 20 CFR 685.110. A dependent
    is an individual who:
        (1) Was claimed as a dependent on the eligible MSFW’s Federal income tax
        return for the previous year; or
        (2) Is the spouse of the eligible MSFW; or
        (3) If not claimed as a dependent for Federal income tax purposes, is able to
        establish:
            (i) A relationship as the eligible MSFW’s:
                 (A) Child, grandchild, great grandchild, including legally adopted
                 children;
                 (B) Stepchild;
                 (C) Brother, sister, half-brother, half-sister, stepbrother, or stepsister;
                 (D) Parent, grandparent, or other direct ancestor but not foster parent;
                 (E) Foster child;
                 (F) Stepfather or stepmother;
                 (G) Uncle or aunt;
                 (H) Niece or nephew;
                 (I) Father-in-law, mother-in-law, son-in-law; or
                 (J) Daughter-in-law, brother-in-law, or sister-in-law; and
            (ii) The receipt of over half of his/her total support from the eligible MSFW's
            family during the eligibility determination period.

v. Farmwork. Pursuant to 20 CFR 685.110 and 20 CFR 651.10, farmwork means
   cultivation and tillage of the soil, dairying, production, cultivation, growing, and
   harvesting of any agricultural or horticultural commodities. Farmwork includes:

   •   The raising of livestock, bees, fur-bearing animals, or poultry;
   •   The farming of fish;
   •   Any practices (including any forestry or lumbering operations) performed by a
       farmer, or on a farm, as an incident to or in conjunction with such farming
       operation, including preparation for market, delivery to storage or to market, or to
       carriers for transportation to market; or
   •   The handling, planting, drying, packing, packaging, processing, freezing, or
       grading prior to delivery for storage of any agricultural or horticultural
       commodity in its unmanufactured state.

   For the purposes of this definition, agricultural commodities means all commodities
   produced on a farm including crude gum (oleoresin) from a living tree products
   processed by the original producer of the crude gum (oleoresin) from which they are
   derived, including gum spirits of turpentine and gum rosin. Farmwork also means any
   service or activity covered under 20 CFR 655.103(c) of this chapter and/or 29 CFR
   500.20(e) and any service or activity so identified through official Department
   guidance such as a Training and Employment Guidance Letter.
   Although the North American Industry Classification System (NAICS) codes are the
   primary resource used to help identify work that meets the NFJP definition of
   farmwork, ETA recommends that NFJP grantees draw upon multiple factors rather
   than refer only to the NAICS codes. For example, it would be reasonable to rely on
   grantees’ and other subject matter experts’ understanding of farmwork in their state
   service area. Additionally, during the application process, grantees may gather
   information from an applicant about the duties that the farmworker performs and
   determine if their work aligns with the definition of farmwork. For information on
   industry sectors, see https://www.bls.gov/bls/naics.htm.

vi. Low-Income Individual. Low-income individual means an individual as defined in
    WIOA Section 3(36)(A), and incorporating the low-income provision of the NFJP
    appropriations language in Public Law 116-260,who:

    1. Receives, or in the past 6 months has received, or is a member of a family that is
      receiving or in the past 6 months has received, assistance through the
      supplemental nutrition assistance program (SNAP) established under the Food
      and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); the block grants to states for
      temporary assistance for needy families (TANF) program under part A of title IV
      of the Social Security Act (42 U.S.C. 601 et seq.); or the supplemental security
      income (SSI) program established under title XVI of the Social Security Act (42
      U.S.C. 1381 et seq.); or state or local income-based public assistance;

              2. Is in a family with total family income2 that does not exceed the higher of:

                  a. 150 percent3 of the poverty line4 (Note: this provision of the low-income
                  definition takes effect July 1, 2021, for determining eligibility of participants to
                  receive services through NFJP grants awarded with Program Year 2021 funds.
                  For determining eligibility of participants to receive services through Program
                  Year 2020 funds or earlier, grantees must use 100 percent of the poverty line for
                  this provision); or

                  b. 70 percent of the Lower Living Standard Income Level (LLSIL);

              3. Is a homeless individual (as defined in Section 41403(6) of the Violence Against
                 Women Act of 1994 (42 U.S.C. 14043e–2(6)), or a homeless child or youth (as
                 defined under Section 725(2) of the McKinney-Vento Homeless Assistance Act
                 (42 U.S.C. 11434a(2));

              4. Receives or is eligible to receive a free or reduced price lunch under the
                 Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.);5

              5. Is a foster child on behalf of whom State or local government payments are made;
                 or

              6. Is an individual with a disability whose own income meets the income
                 requirement of clause (ii), but who is a member of a family whose income does
                 not meet this requirement (WIOA Section 3(36)(A)).

              Note: Only one of the six provisions above need to be met to be considered a low-
              income individual.

2
  If you are using this provision to verify the low-income status of an individual who does not reside with their
family in a single residence, you should use the information for the Household/ Family Size 1.
3
  The Consolidated Appropriations Act, 2021 (P.L. 116-260) specified that, “…notwithstanding the definition of
‘eligible seasonal farmworker’ in section 167(i)(3)(A) of the WIOA relating to an individual being ‘low-income’, an
individual is eligible for migrant and seasonal farmworker programs under section 167 of the WIOA under that
definition if, in addition to meeting the requirements of clauses (i) and (ii) of section 167(i)(3)(A), such individual is
a member of a family with a total family income equal to or less than 150 percent of the poverty line.” Accordingly,
ETA has revised the definition of “low-income individual” above to incorporate this provision. However, as noted
above, this provision is tied to the appropriations language, and ETA will notify grantees, as needed, if the same
provision is not included in subsequent appropriations.
4
  Pursuant to WIOA Section 3(49), the term “poverty line” as defined by the Office of Management and Budget is
revised annually in accordance with Section 673(2) of the Community Services Block Grant Act (42 U.S.C.
9902(2)). The poverty line is updated annually based on most recent data available from the U.S. Census Bureau.
The U.S. Department of Labor, Employment and Training Administration posts the poverty guidelines and the
LLSIL online at https://www.dol.gov/agencies/eta/llsil. The U.S. Department of Health and Human Services also
posts the poverty guidelines online at https://aspe.hhs.gov/poverty-guidelines.
5
  An individual who Receives or is Eligible to receive free or reduced price lunch. To qualify for free meals through
the National School Lunch Program, the income of the child’s family must not exceed 130 percent of the poverty
level. To qualify for reduced-price meals, the income of the child’s family must not exceed 185 percent of the
poverty line. The eligibility guidelines are available at https://www.fns.usda.gov/cn/income-eligibility-guidelines.

    vii. Family Income. For the purposes of calculating family income to determine low-
         income status as defined under WIOA Section 3(36)(A) for an individual who resides
         with their family in a single residence, grantees must use “family” as defined in 20
         CFR 675.300, which means two or more persons related by blood, marriage, or
         decree of a court, who are living in a single residence, and are included in one or
         more of the following categories:

       (1) A married couple and dependent children;
       (2) A parent or guardian and dependent children; or
       (3) A married couple.

       When calculating the family income, grantees may use the income of the married
       couple, single parent, or guardian as well as other regular contributions for support, if
       appropriate. To determine the family size, grantees may use the total number of
       individuals who fall under the definition of family as defined above. Additionally, if
       an individual is not living in a single residence with other family members, that
       individual is not a member of a family for the purpose of income calculations to
       determine eligibility under NFJP.

       Note: When determining family income, NFJP grantees have the discretion to
       develop policies, outline methodologies, and select a method to calculate family
       income. All methods must be aligned with the grantee organization’s policies and
       procedures. The Department encourages grantees to consult with their Federal Project
       Officers when examining or changing their income determination methodologies. See
       Attachment I of this TEGL for additional information.

    viii. Other Individual. Housing grantees must provide housing services to eligible
         MSFWs, as specified in 20 CFR 685.360(a). Permanent housing developed with
         NFJP funds must be promoted and made widely available to eligible migrant and
         seasonal farmworkers. When grantees develop permanent housing with NFJP funds
         and are not able to identify eligible migrant and seasonal farmworkers to fill the
         available housing, the grantee must demonstrate that it promoted and made every
         effort to make the permanent housing available to eligible migrant and seasonal
         farmworkers. If the grantee is unsuccessful with its efforts, they must request
         approval from the Department to make unoccupied permanent housing available to
         other individuals and other families who do not meet the program eligibility
         requirements as described in this guidance or in successive guidance. This does not
         apply to temporary housing, which grantees must only provide services to eligible
         migrant and seasonal farmworkers.

e. Eligibility Determination Procedures.

  i.   Application Validity Period. This Change 2 removes the application validity period of
       60-days from the date of the initial application. Eligibility determination must be
       done as efficiently as possible to administer important services timely.

 ii.   Eligibility Determination Period.

       •   Farmworker Status: To determine farmworker status for seasonal farmworker or
           migrant farmworker, grantees must use any 12 consecutive months out of the 24
           months immediately preceding the date of application for NFJP by the applicant.
           When an applicant was unavailable for work in the period immediately preceding
           the date of application because they had been in the armed forces, institutionally
           confined by incarceration or other legal detainment, hospitalized, or otherwise
           unavailable due to a documented disability, grantees may establish an eligibility
           determination period during the 24 months immediately preceding the date of
           such unavailability, provided, however, that such period may not begin more than
           48 months prior to the date of application.

           When an applicant was unavailable for work in the period immediately preceding
           the date of application because they had been in the armed forces, institutionally
           confined by incarceration or other legal detainment, hospitalized, or otherwise
           unavailable due to a documented disability, grantees may establish an eligibility
           determination period during the 24 months immediately preceding the date of
           such unavailability, provided, however, that such period may not begin more than
           48 months prior to the date of application.

       •   Low-income Status: To determine low-income status, grantees must calculate
           annualized income in a way that reflects the financial circumstances of an
           individual at the time of application. See Attachment I.

f. NFJP Enrollment. To receive services through NFJP, an individual must meet eligibility
   requirements. To be a program participant, an individual must complete the following
   requirements: eligibility determination, assessment, and receipt of an additional service,
   including basic career service, individualized career service, training, and housing. Note:
   Starting in program year 2025, NFJP Housing grantees will use two categories of
   individuals who receive services - reportable individual and participant.

   Individuals who are enrolled in certain related assistance activities that require significant
   involvement of grantee staff are also considered participants (see 20 CFR 685.400(b)).
   Specifically, “certain related assistance” activities are those that require an eligibility
   determination and an assessment, as described above, and are directly related to
   education, training, career, and/or employment outcomes. These activities may include,
   but are not limited to:

   •   Solutions to increase graduation rates;
   •   Remedial and adult-basic education;
   •   Self-employment and related business or micro-enterprise development or education;
       and
   •   Occupational career and technical education.

         An individual who receives only related assistance services, including emergency
         assistance, that 1) do not require significant involvement of grantee staff time; and 2) do
         not require an assessment by grantee staff of an individual’s skills, education, career
         objectives, or housing needs will be considered a “reportable individual,” as defined in 20
         CFR 677.150(b).6 Such individuals are not included in performance calculations as
         program participants.

         Outreach. Although this guidance focuses on program eligibility, continuous outreach
         and recruitment are key parts of this work. NFJP grant recipients play a critical role in
         reaching farmworker communities, who experience multiple barriers to accessing
         community resources. Therefore, grant recipients must conduct outreach where
         farmworkers work, live, and gather to earn the trust of farmworkers and their
         communities. Doing so, will enhance grant recipients’ ability to recruit potential
         applicants as well as help farmworkers who are not eligible for the program connect to
         other workforce development services and community resources. Most importantly,
         outreach enhances grant recipients’ ability to establish trust with the people the program
         is statutorily required to serve. In order for NFJP grantees to be able to carry out their
         responsibilities to deliver services, it is important for grantees to let the local farmworker
         community know about the grantees’ services. Outreach is a vital function to carry out
         services.

         Additionally, NFJP grantees must follow guidance on performance reporting
         requirements in TEGL 14-18 or in successive guidance.

         Note: Although redetermination is not required under NFJP, participants may experience
         an unexpected interruption that leads to disenrollment. In such circumstances, grantees
         may use PIRL data element #923, Other Reasons for Exit, to exclude a participant from
         performance calculations. Note that Code 6 may be used when an individual who was
         determined to be eligible, is later determined not to have met eligibility criteria. Similar
         to other performance reporting data elements, grantees are required to maintain
         documentation when using PIRL data element #923. Additional ETA performance
         reporting updates are available at https://www.dol.gov/agencies/eta/performance/updates.

5. Inquiries. NFJP Grantees must submit any inquiries to their respective Federal Project
   Officer and copy [email protected].

6
 Emergency assistance, a form of short-term related assistance, may be provided to eligible MSFWs and their
dependents as defined in 20 CFR 685.110 to address these farmworker’s immediate needs. Emergency assistance
may include but is not limited to, the provision of necessary items like garments of clothing, food, and transportation
vouchers. When an individual receives emergency assistance only, an applicant’s self-attestation is acceptable as
sufficient documentation of eligibility. See TEGL 23-19 Change 2 for guidance on data validation policies and
procedures, including type of supporting documentation requirements for NFJP.

6. References.

      •   WIOA (Pub. L. 113-128, 29 U.S.C. 3101 et seq.), Title I;
      •   WIOA DOL-Only Final Rule (20 CFR parts 603, 651 to 658, 675, and 679 to 688);
      •   Wagner-Peyser Act (W-P Act), 29 U.S.C. 49 et seq.;
      •   TEGL NO. 23-19 Change 2 Revisions to Training and Employment Guidance Letter
          (TEGL) 23-19, Change 1, Guidance for Validating Required Performance Data
          Submitted by Grant Recipients of U.S. Department of Labor (DOL) Workforce
          Programs available at: https://www.dol.gov/agencies/eta/advisories/tegl-23-19-
          change-2;
      •   TEGL NO. 23-19 Change 1 Guidance for Validating Required Performance Data
          Submitted by Grant Recipients of U.S. Department of Labor (DOL) Workforce
          Programs available at: https://www.dol.gov/agencies/eta/advisories/tegl-23-19-
          change-1;
      •   TEGL NO. 14-18 Aligning Performance Accountability Reporting, Definitions, and
          Policies Across Workforce Employment and Training Programs Administered by the
          U.S. Department of Labor (DOL) available at:
          https://www.dol.gov/agencies/eta/advisories/training-and-employment-guidance-
          letter-no-14-18;
      •   TEGL NO. 8-17 Guidance on the Requirement for a Memorandum of Understanding
          (MOU) Between State Monitor Advocates (SMA) and National Farmworker Jobs
          Program (NFJP) Grantees available at:
          https://www.dol.gov/agencies/eta/advisories/training-and-employment-guidance-
          letter-no-08-17;
      •   TEGL NO. 19-16 Guidance on Services provided through the Adult and Dislocated
          Worker Programs under the Workforce Innovation and Opportunity Act (WIOA) and
          the Wagner-Peyser Act Employment Service (ES), as amended by title III of WIOA,
          and for Implementation of the WIOA Final Rules available at:
          https://www.dol.gov/agencies/eta/advisories/training-and-employment-guidance-
          letter-no-19-16;
      •   TEGL NO. 11-11 Change 1 and Change 2 Selective Service Registration
          Requirements for Employment and Training Administration Funded Programs
          available at: https://www.dol.gov/agencies/eta/advisories/training-and-employment-
          guidance-letter-no-11-11-change-2; and
      •   TEGL NO. 10-09 Implementing Priority of Service for Veterans and Eligible Spouses
          in all Qualified Job Training Programs Funded in whole or in part by the U.S.
          Department of Labor (DOL) available at:
          https://www.dol.gov/agencies/eta/advisories/training-and-employment-guidance-
          letter-no-10-09.

7. Attachment(s).
      • Attachment I: Included Income, Excluded Income, and Examples of Methods to
         Calculate Income Tool

                                                                 Attachment I to TEGL 18-16, Change 2

Included Income, Excluded Income, and Examples of Methods to Calculate Income Tool
Use this attachment in conjunction with TEGL 18-16, Change 2. The definition of a low-income
individual under the Workforce Innovation and Opportunity Act (WIOA) Section 3(36) does not
exclude unemployment compensation (this includes Pandemic Emergency Unemployment
Compensation, Pandemic Unemployment Assistance, and Extended Benefits), old-age survivors
insurance benefits, or child support payments from income calculations as they were previously
excluded under the Workforce Investment Act (WIA) Section 101(25). ETA used the U.S.
Department of Labor’s Bureau of Labor Statistics definition of income to develop this tool.1
This tool aims to increase NFJP grantees’ understanding of what types of income would count
towards the income requirement to qualify for NFJP and provide examples of methods to
calculate income.
      A. Examples of the types of income that could be included when making eligibility
         determination based on income are outlined in the table below.
                                                     Included Income
          Income:                     •    Wages and salaries;2
          Earnings before             •    Self-employment income;
          Taxes                       •    Social Security (Old-Age Survivors and Disability Insurance),
                                           private and government retirement;
                                      •    Interest, dividends, rental income, and other property income;
                                      •    Unemployment and workers’ compensation; and
                                      •    Regular contributions for support (alimony and child support) –
                                           Please note, the term regular for this source of income. If an
                                           individual is a parent and cannot rely on receiving contributions
                                           such as child support, grantees may consider this when calculating
                                           income.

                                     Important to Know: When gathering information about an individual’s
                                     income, please note that some types of Federal, State, or local income-
                                     based public assistance may automatically qualify someone as low-
                                     income.
                                        • For example, under WIOA Section 3(36)(A)(i), an individual
                                           meets the low-income eligibility when they receive, or in the past
                                           6 months has received, or is a member of a family that is
                                           receiving or in the past 6 months has received, assistance through
                                           the supplemental nutrition assistance program (SNAP)
                                           established under the Food and Nutrition Act of 2008 (7 U.S.C.
                                           2011 et seq.); the program of block grants to States for temporary
                                           assistance for needy families program (TANF) under part A of
                                           title IV of the Social Security Act (42 U.S.C. 601 et seq.); or the
                                           supplemental security income (SSI) program established under

1
    https://www.bls.gov/cex/csxgloss.htm
2
    https://www.bls.gov/bls/glossary.htm

                                                      Attachment I to TEGL 18-16, Change 2

                                  title XVI of the Social Security Act (42 U.S.C. 1381 et seq.); or
                                  State or local income-based public assistance;
                              •   Additionally, per WIOA Section 3(50), the term "public
                                  assistance'' means Federal, State, or local government cash
                                  payments for which eligibility is determined by a needs or
                                  income test. State or local income-based public assistance
                                  payments, which includes but is not limited to the following type
                                  of assistance:

                                   •   Utility
                                   •   Child care
                                   •   Nutrition
                                   •   Housing

B. Examples of types of income that could be excluded when making eligibility
   determination based on income are outlined in the table below. When calculating
   income, do not include any allowance, earnings, or payments stemming from
   participation in WIOA Title I programs. Per 20 CFR 683.275 (d), allowances,
   earnings, and payments to individuals participating in programs under title I of WIOA
   are not considered as income for purposes of determining eligibility for and the
   amount of income transfer and in-kind aid furnished under any Federal or Federally-
   assisted program based on need, other than as provided under the Social Security Act
   (42 U.S.C. 301 et seq.).

                                         Excluded Income

  Volunteer/Job           •   Allowances, earnings, and payments to individuals participating
  Training                    in programs under title I of WIOA;
  Payments
                          •   Any payment to volunteers under Title I (VISTA and others) and
                              Title II (RSVP, foster grandparents, and others) of the Domestic
                              Volunteer Service Act of 1973;

                          •   Payments to volunteers under Section 8(b)(1)(B) of the Small
                              Business Act (SCORE and ACE); and

                          •   Payments and allowances to individuals participating in
                              AmeriCorps to the extent excluded by the National and
                              Community Service Act of 1990.

  Student                 •   Student financial assistance received under Title IV of the Higher
  Financial Aid               Education Act of 1965, including the Pell Grant, Supplemental
                              Education Opportunity Grant, State Student Incentive Grants,
                              National Direct Student Loan, PLUS, College Work Study, and

                                               Attachment I to TEGL 18-16, Change 2

                         Byrd Honor Scholarship Programs, to the extent excluded by the
                         Act; and

                    •    Payments received under the Carl D. Perkins Vocational Education
                         Act, as amended by the Carl D. Perkins Vocational and Applied
                         Technology Act Amendments of 1990, P.L. 101-392.

Military Service-   •    Any amounts received as military pay or allowances by any
related Income           person who served on active duty, and certain other specified
                         benefits paid while on active duty or paid by the Department of
                         Veterans Affairs (VA) for vocational rehabilitation, disability
                         payments, or related VA-funded programs are not to be
                         considered as income, in accordance with VA Title 38 U.S.C.
                         4213 and 20 CFR 683.230. For additional information about
                         assisting Veterans, please see Training and Employment
                         Guidance Letter NO. 10-09.

                    All pay and/or financial allowances earned while a veteran was on
                    active duty are exempt. Title 38 U.S.C. 4213 also exempts from
                    inclusion in “low income” calculations any financial benefits
                    received by a covered person under the following Chapters of Title
                    38 of the U.S. Code:

                        11. Compensation for service-connected disability or death.
                        13. Dependency and indemnity compensation for service-
                        connected deaths.
                        30. All-volunteer force educational assistance program.
                        31. Training and rehabilitation for veterans with service-connected
                        disabilities.
                        35. Survivors’ and dependents’ educational assistance.
                        36. Administration of educational benefits

                    Also excluded from “low income” calculations are benefits received
                    under Chapter 106 of Title 10 U.S. Code, Educational assistance for
                    members of the selected reserve.

                    Note: Pension payments authorized by Title 10 U.S. Code, such as
                    those received by military retirees whether or not their retirement
                    was based on disability, are not exempt and are to be included in
                    “low income” calculations. Also not exempt are pension benefits
                    paid under Chapter 15 of Title 38 U.S. Code.

                                                         Attachment I to TEGL 18-16, Change 2

  Lump sum                  •    Lump sum payments or large cash settlements are not counted as
  payments                       income since they are not received on a regular basis. These
                                 funds may be provided as compensation for a loss that must be
                                 replaced, such as payment from an insurance company for fire
                                 damage to a house.

                            Note: When lump sum payments are put into a savings account and
                            the household regularly draws from that account for living expenses,
                            the amount withdrawn is counted as income.

C. Examples of Methods for Calculating Income

MSFWs experience earnings fluctuations throughout the year due to the nature of working in
the agriculture industry. Determining whether an individual meets the low-income
requirement by gathering source documentation for the past 12 months may be challenging
and may distort an individual’s financial circumstance at the time of application. NFJP
grantees have the discretion to develop policies, outline methodologies, and select a method
that annualizes an individual’s income in a way that reflects the financial circumstances of an
individual at the time of application. Grantees must document any changes in wages and
salaries, and document the reason they chose a specific method to annualize an individual’s
income. When calculating an individual’s family income under WIOA Section 3(36)(A)(ii),
grantees may use one item from the source documentation list for the Participant Individual
Record Layout (PIRL) Data element #802 in Attachment II of TEGL 23-19 Change 2.

 Net Income or Gross Income. Depending on the type of source documentation that an
 applicant provides, a grantee may have access to an individual’s net income or gross
 income information. To encourage flexibility and allow grantees to use the full list of
 source documentation while balancing consistency, ETA recommends that grantees use
 the net income to calculate an individual’s family income, if it is available. However, if
 the net income is not available, grantees may use the gross income when calculating an
 individual’s family income.1 All methods must be aligned with the grantee
 organization’s policies and procedures.

 Note: Gross usually refers to total earnings, before any deductions (such as tax withholding)
 including, where applicable, overtime payments, shift differentials, production bonuses, cost-of-
 living allowances, commissions, etc. See definition at
 https://www.bls.gov/bls/glossary.htm#earnings. Net refers to total earnings after any deductions.

NFJP grantees have the flexibility to use different methods for calculating income and should
use a method that considers an individual’s current income. Methods to annualize income
are not limited to but may include the following approaches below. When annualizing an
individual’s income, grantees must also include other sources of income that are listed above

                                                        Attachment I to TEGL 18-16, Change 2

under section A, of this tool. The examples below demonstrate three different ways to
calculate an individual’s wages. The methods only reflect income calculations to determine
an individual’s eligibility for NFJP.

•   Salary Method: Use this method for individuals who have pay stubs or other source
    documentation covering the most recent 6 months of their family’s wages. Grantees
    should use this method when there is little or no variation in the wages or salaries for any
    of the pay stubs submitted for income verification. To calculate an individual’s annual
    income based on wages or salaries, first, multiply the pay listed on the paystub or source
    documentation by the number of pay periods in the six-month determination period.
    Next, multiply the result by two to determine the annual wages or salaries. Example:
    Five pay stubs are provided indicating wages of $772 each. The pay frequency is
    biweekly (13 times in six months). [($772 ×13= $10,036) × 2] = $20,072.

•   Average Pay Method: Use this method for individuals who have six monthly bank
    statements or other source documentation which show variation in the individual’s
    wages. These variations may result for several reasons, including overtime or work for a
    different employer. In circumstances where variation exists, grantees can determine an
    individual’s average wages by adding the total wages and dividing the result by the
    number of monthly bank statements. Example: an individual shows bank statements
    from the most recent 6 months. The bank statements for 6 months show the following
    monthly income $770, $290, $490, $490, $490, and $490. The total income for the
    individual for 6 months is $3,020. To calculate the monthly average, divide the result by
    6. Then to calculate the individual’s annual income from wages, multiply the month
    average $503 by 12 to calculate annual income ($503 × 12= $6,040).

•   Intermittent Work Method: Use this method for individuals who have irregular income or
    are self-employed. In circumstances where the individual does not have steady work, the
    grantee should ask the individual to supply as many pay stubs or other source
    documentation, as possible. To determine average wages, use the individual’s income
    from the prior month. When using the Intermittent Work Method, the grantee must
    explain missing pay stubs, non-work periods, etc. and selected method in their case notes.
    Grantees should use any information that an individual submits to calculate annual
    income.

NFJP grantees have the discretion to develop policies, outline methodologies, and select a
method that gives a result that reflects the financial circumstances of applicants at the time of
application. For example, if the Salary Method provides a more accurate reflection of an
individual’s current income, use the Salary Method to calculate annual income. If using the
Intermittent Work Method with source documentation for the prior month’s income provides
a more accurate reflection of an individual’s current income, this method may be used as a
basis for calculating annual income. ETA recommends NFJP grantees to work with their
AJC and other local or state agencies that provide income-based public assistance to learn
about other methods to calculate annual income (for example, energy assistance, medical
assistance, child care assistance, or community development block grant assistance).