Frequently Asked Questions about Trade Adjustment Assistance (TAA) and North American Free Trade Agreement Transitional Adjustment Assistance (NAFTA-TAA)
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What is the difference between TAA and NAFTA?
TAA is used to indicate the overall Trade Adjustment Assistance Program which includes both TAA and NAFTA services and benefits. TAA services and benefits apply to workers who have lost their jobs because of imports from any country. NAFTA services and benefits apply to workers who have lost their jobs because of imports from, or shift in production to, Mexico or Canada. Note: Since NAFTA is a part of the TAA program, TAA is sometimes used below to indicate both TAA and NAFTA services and benefits.
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How does a worker qualify for TAA services and benefits?
Before a worker can qualify for TAA, a petition for TAA and/or NAFTA must be filed to cover the workers of a particular company. Once the company receives certification from the U.S. Department of Labor's Office of Trade Adjustment Assistance (OTAA), workers can apply for services and benefits.
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If the company does not file a petition for TAA or NAFTA, what recourse does the worker have?
A company official can file a petition for TAA and NAFTA; however, three of the affected workers or a union official may file one as well. In addition, a community-based organization can file a petition for NAFTA.
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Once a petition has been filed, how long does it take to get a determination?
It usually takes 60 days for a determination to be made. The OTAA investigates and makes the determination on TAA petitions. The state TAA Unit does an initial investigation and makes a recommendation to OTAA who then makes the final determination on NAFTA petitions.
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Provided a company does have a TAA or NAFTA certification, what makes a worker eligible for services and benefits?
If a worker is laid off from a trade-affected company due to lack of work on or after the impact date of the certification and on or before the expiration date of the certification, the worker is eligible to apply for TAA services and benefits. Reasons for separation that mean the same as laid off include reduction in force, involuntary separation, and WARN notice. Reasons for separation that do not qualify for TAA eligibility include quit, fired, and voluntary separation.
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What are the TAA services and benefits?
Basic reemployment services, job search allowance, relocation allowance, training allowance, and Trade Readjustment Allowance (TRA) for workers who enroll in approved training are the services and benefits. A completed application for training, job search, or relocation must be returned to the Job Center prior to the beginning date of training, prior to leaving to go on a job search, or prior to beginning the move.
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If a worker is covered by a certification, is he/she entitled to all TAA services and benefits?
The worker must meet the eligibility requirements for each service and benefit. An individual eligibility determination will be made according to federal criteria. It is possible that a worker may qualify for some benefits and services but not others. For example, a worker may be eligible for TAA-funded training but may not be eligible for TRA benefits.
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Can a company have both a TAA and a NAFTA certification at the same time, and if so, can a worker be eligible under both certifications?
A company can have dual certification, provided trade involves Mexico or Canada and petitions for both TAA and NAFTA were certified. If the worker's date of separation makes the worker eligible under both certifications, then one type of certification must be chosen. The worker cannot receive services under both certifications.
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If a worker is in training that has been approved for unemployment insurance purposes (referred to as UI approved training), is that worker eligible for TRA benefits?
The worker is eligible only if he/she applied through a Job Center for TAA approval of the training. When TAA approval is granted, the worker will receive an Official Notice of TAA Training Approval.
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If a worker is in training approved and funded by WIA or some other funding source, is that worker eligible for TRA benefits?
The worker is eligible only if he/she applied through a Job Center for TAA approval of the WIA or other funded training. When TAA approval is granted, the worker will receive an Official Notice of TAA Training Approval. The approved training can be funded entirely by TAA, by another source such as WIA, or by a combination of TAA and WIA or other. However, duplication of funding is prohibited.
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Will a job search allowance pay for all my expenses to look for work?
No. A job search allowance pays 90% of allowable expenses to travel outside the commuting area to look for permanent, full time work. Allowable expense for food and lodging is calculated as 50% of the federal per diem for the location. The standard federal per diem is $85, more for certain high-cost areas. Therefore, a worker who must stay overnight in a non-high cost area would be reimbursed no more than $38.25 for food and lodging. Reimbursement for travel expenses would be based on the least costly means of public transportation, which may not be the means of transportation actually used. Interviews for certain types of jobs do not qualify. For more information, contact the nearest Louisiana Workforce Commission Job Center.
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Will a relocation allowance pay all of my expenses to move out of the commuting area?
No. A relocation allowance pays 90% of allowable expenses plus a lump sum payment of up to $800 for incidental expenses to move for permanent, full time work. That means that 90% of most of the expenses for a moving van or rental truck will be covered. Any allowable food and lodging and travel costs would be the same as for job search (refer to the answer above). Three estimates for moving costs are required. Moving for certain types of jobs do not qualify. For more information, contact your nearest Job Center.
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Where does a worker go to apply for any of the TAA services and benefits?
Apply at your nearest Job Center.
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Have additional questions about TAA and NAFTA/TAA?
Email us at Answer My Question.
Equal Opportunity Employer/Program | Auxiliary aids and services are available upon request to individuals with disabilities. This page was last updated on August 6, 2009.
