WIOA Title I-A & I-B Policy & Procedure Manual
Ch. 10) Youth Program

10.3 Youth Program Eligibility

10.3.3 Out-of-School Youth (OSY) Criteria¹

Effective date: October 15, 2018

Revised date: September 23, 2019

Individuals are out-of-school youth (OSY) if, at the time of eligibility determination, they

1. are not attending secondary or post-secondary school;
2. are not younger than age 16 or older than 24;
3. are eligible to work in the United States;²
4. are registered for Selective Service (if applicable);³
   
   Note: Any participants who lose their authorization to work in the United States become ineligible for the WIOA Youth Program as of the date the authorization was lost.
   
   Note: Almost all male U.S. citizens and immigrants are required to register with Selective Service within 30 days of their 18th birthday. If an individual turns 18 while participating in the Youth Program, he must register with Selective Service no later than 30 days after his 18th birthday. If he fails to register during that period, he may not continue to participate in the Youth Program. Males between the ages of 18 and 24 who have not registered with Selective Service can become eligible for the WIOA Youth Program by registering at www.sss.gov.⁴
   
   AND
   
5. satisfy the requirements for at least one of the following nine eligibility barriers:
1. school dropout
2. within the compulsory age of secondary school attendance but not attending
3. low-income individual with a secondary school diploma or equivalent who is basic skills deficient or an English Language Learner
4. offender or ex-offender
5. homeless or runaway
6. foster care
7. pregnant or parenting
8. has a disability
9. low-income and requires additional assistance

States and local WDBs may not add eligibility criteria, including, but not limited to, criteria related to county or state of residence.⁵

Any costs associated with providing WIOA Title I-B services to non-eligible individuals may be disallowed.⁶

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• ¹20 CFR § 681.210
• ²WIOA Sec. 188(a)(5); 20 CFR § 683.285(a)(5); TEGL 02-14, p. 2 Career planners must keep expiration dates of work authorization documents in mind when scheduling services. If a participant's authorization to work in the U.S. will expire before the planned close date for a service, the participant should renew his or her work authorization before beginning the service. If that is not possible, services must be scheduled so that they can be completed before the work authorization expires.
• ³WIOA Sec. 189(h); 50 USC App.453
• ⁴TEGL 11-11, Change 2, p. 3
• ⁵81 FR 56220; Email from DOL to DWD-DET, 4/25/2017
• ⁶TEGL 11-11, Change 2, p. 4




Eligible to Work in the United States

Individuals eligible to work in the U.S. include (WIOA Sec. 188(a)(5); 20 CR §683.285(5)):

• citizens and nationals of the United States;
• lawfully admitted permanent resident aliens, refugees and asylees (who are authorized to work in the U.S. because of their refugee or asylee status); and
• other immigrants authorized by the Secretary of Homeland Security or the secretary's designee to work in the U.S. This includes immigrants covered by Deferred Action for Childhood Arrivals (DACA) who have applied for and received work authorization (TEGL 02-14, p. 2).

Required documentation is listed in the Guide to WIOA Eligibility Determination and Documentation.

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