How may a recruiter evaluate whether the primary purpose of the worker’s move was to seek or obtain qualifying work?
Recruiters should examine the facts and circumstances regarding the worker’s statements about the intent of the move and make a reasonable determination whether the statement is credible and supportable. For example, if a worker states that he moved to obtain qualifying work and the recruiter determines that he is engaged in such work, there is strong support for the worker’s statement. If, on the other hand ,worker states that moved to obtain qualifying work and he is not engaged in such work, the recruiter should probe further and look at other factors to make a determination. The recruiter may examine such factors as: (1) whether the worker or family has a prior history of moving in order to perform qualifying work; (2) whether external-circumstances (e.g. flood, crop failure, etc.) prevented the worker from obtaining the work; and (3) whether the worker’s geographic location is place where such work is available.
