Does a family qualify if they intend to work in agriculture, but there was no job position available?
COMEPG: Yes, the family qualifies based on their intent. NRG: D4, Page 14 – What if the worker asserts that he moved with the intent to find qualifying work but did not obtain work? What if the worker asserts that he moved with the intent to find qualifying work but did not obtain work? In this situation, there is a presumption that the worker moved with the intent to obtain qualifying work: if: (1) the worker has a history of migrant employment, and (2) there is a corroborating evidence of the circumstances that prevented the worker from obtaining qualifying work (e.g., there was a flood or crop failure in the area). Absent these factors, the recruiter may find that the worker made a qualifying move based on other convincing evidence. In any event, the recruiter should clearly document in the comment section of the COE the basis for his or her determination.
Related Questions
- MISCELLANEOUS If an individual is on Family Medical Leave and their job/position is scheduled for elimination due to corporate necessity (e.g. layoffs or consolidation) does FMLA protect that specific persons job?
- Do I have to pay the costs of the CRB application if the CRB decides that the job position does not qualify for a free application?
- Does a family qualify if they intend to work in agriculture, but there was no job position available?
