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Code · CFR · Title 20 — Employees' Benefits · Part 618 — Trade Adjustment Assistance Under the Trade Act of 1974, as Amended · § 618.415

§ 618.415. Eligibility for a job search allowance.

341 words·~2 min read·/us/cfr/t20/s§ 618.415·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Conditions. To be eligible for a job search allowance an AAW must:
(1)File an application before either:
(i)The later of the 365th day after either the date of the certification under which the AAW is covered, or the 365th day after the AAW's last total separation; or
(ii)The 182nd day after the date of concluding approved training;
(2)Be an AAW totally separated from the job covered under the certification when beginning the job search;
(3)Receive a determination by the State that the AAW:
(i)Cannot reasonably expect to secure suitable employment in the commuting area; and
(ii)Can reasonably expect to obtain, in the area of the job search, either:
(A)Suitable employment; or
(B)Employment that pays a wage of at least the 75th percentile of national wages, as determined by the National Occupational Employment Wage Estimates, and otherwise meets the definition of suitable employment;
(4)Receive a determination by the State that the worker cannot reasonably expect to secure suitable employment by alternatives to being physically present in the area of the job search, such as by searching and interviewing for employment by means of the internet and other technology;
(5)Not previously have received a relocation allowance under the same certification; and
(6)Complete a State-approved job search within 30 calendar days after the worker leaves the commuting area to begin the job search.
(b)Completion of job search.
(1)An AAW has completed a job search when the worker either:
(i)Obtains a bona fide offer of employment; or
(ii)Has, with State verification, as provided in § 618.420(a)(2), contacted each employer the worker planned to contact, or to whom the State or other one-stop partner referred the worker as part of the job search.
(2)The job search is complete when one of the actions in paragraph (b)(1) of this section occurs, whichever comes first. For purposes of paragraph (b)(1)(i) of this section, “bona fide” means the offer of suitable employment is made in good faith by a prospective employer.
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