TN 22 (04-01)

Citations:

Section 210(a)(1) of the Social Security Act;

Regulation No.4, Sec. 404.1016 ; SSR 86-11c .

A. POLICY -- AFTER 1956

Service after 1956 is excluded from covered employment when performed by foreign agricultural workers lawfully admitted to the U.S. temporarily to perform agricultural labor. See Section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act for additional information. As evidence of lawful admittance, Form I-94 is issued to each individual showing the date, place admitted, and length of the allowable stay.

B. POLICY -- BEFORE 1957

The only specific exclusions from coverage for foreign agricultural workers during this time are:

1. Mexican Contract Workers

Service after 7/11/51 is excluded if the worker is lawfully admitted to perform agricultural employment.

2. British West Indies Workers

After 1954, service performed by workers from the British West Indies is not covered if the workers are lawfully admitted temporarily to the U.S. to perform agricultural labor. The British West Indies include Jamaica, the Bahamas, St. Lucia, St. Vincent, Dominica, and Barbados.