Migrant and Seasonal Agriculture Workers

Migrant and Seasonal Agriculture Workers A. The Division of Medicaid defines: 1. Migrant agricultural farm worker as an individual who is employed in agricultural employment of a seasonal or other temporary nature and is required to be absent from the worker’s permanent place of residence when employed on a farm or ranch performing field work such as planting, cultivating, or harvesting operations, or when employed in canning, packing ginning, seed conditioning or related research, or processing operations, and transported, or caused to be transported, to or from the place of employment by means of a day-haul operation. This term does not include: a) Any immediate family member of an agricultural employer or a farm labor contractor, or b) Any temporary nonimmigrant noncitizen who is authorized to work in agricultural employment in the U.S. under sections 1101(a)(15)(H)(ii)(a) and 1184(c) of Title 8 of the United States Code. 2. Seasonal agricultural worker as an individual who is employed in agricultural employment of a seasonal or other temporary nature and is not required to be absent overnight from the worker’s permanent place of residence when employed on a farm or ranch performing field work related to planting, cultivating, or harvesting operations, or when employed in canning, packing, ginning, seed conditioning or related research, or processing, operations, and transported, or caused to be transported, to or from the place of employment by means of a day-haul operation. This term does not include: a) Any migrant agricultural worker, b) Any immediate family member of an agricultural employer of a farm labor contractor, or c) Any temporary nonimmigrant noncitizen who is authorized to work in agricultural employment in the U.S. under sections 1101(a)(15)(H)(ii)(a) and 1184(c) of Title 8 of the United States Code. B. An individual involved in work of a transient nature or someone who goes to another state seeking employment as a migrant or seasonal agricultural worker can choose to either establish residence in the state where that individual is employed or seeking employment or claim one state as the individual’s domicile or state of residence.