Background
The Wagner-Peyser Act requires that the United States Employment Service maintain a system for the
orderly movement of workers within and between States. The ARS helps agricultural employers recruit
qualified workers on a temporary or seasonal basis. They provide protection to the workers who are not
seeking permanent relocation, but rather temporary agricultural employment. The Wagner-Peyser Act
provides authority for ARS. Key regulatory provisions can be found at 20 CFR 653.500 - 653.503.
Through the ARS, the State Workforce Agencies can systematically recruit and refer qualified workers
from within a State and from other States when there is an anticipated shortage of workers. These
regulations provide the system for agricultural of food processing Clearance Orders which request
workers for less than one year of employment. They are based on the Department's policy of requiring
specific assurances and information in the Agricultural Clearance Orders
How the Process Works
Operational responsibilities for the program rest primarily with the State Workforce Agency (SWA)
operation with the Department of Labor. The following is a summary of how the system operates.
Employer determines need for workers.
Employers then place a job order at a local SWA.
Local SWAs prepare job order and recruits locally.
If labor needs are not met statewide, the SWA, with employer authorization, will submit the
Intrastate Job Order to the U.S. DOL Employment and Training Administration, Regional Office for their
review as an Interstate Clearance Order.
The ETA Regional office reviews and approves or disapproves the Interstate Clearance Order, and
determines the areas of supply to which the order shall be extended if it is approved.
The SWA then sends the approved Clearance Order to ETA designated States where qualified workers may
be available.
A valid Federal and State farm labor contractor registration is also required (if applicable).
The local office must verify that the registration is valid for the current year.
What is Outreach?
Each State agency shall operate and outreach program in order to locate and to contact MSFWs who are
not being reached by the normal intake activities conducted by the local offices. Each State Workforce
Agency shall develop an annual outreach plan that sets forth numerical goals, policies and objectives.
This plan should be subject to the approval of the Regional Administration as part of the program budget
plans (PBP) plans. Where feasible, State agencies shall coordinate their outreach efforts with those of
public and private community service agencies and MSFW groups.
List of factors guiding the extent of outreach:
Penetrate community enough so that a large number of MSFWS are aware of the full range of services
available through local Employment Services offices.
Significant local offices should conduct especially vigorous outreach.
Supply States should conduct particularly thorough outreach with extensive follow-up during MSFW
residence.
The Outreach plan should be based on the actual conditions which exist in that particular state, being
sure to take into account State Workforce agencies history of providing outreach services, the estimated
number of MSFWs in that State and the need for outreach services.