-Student is younger than 22 (and has not graduated from high school or does not hold a high school equivalency certificate) but (b), if the child is too young to attend school-sponsored educational programs, is old enough to benefit from an organized instructional program.
-Student is a migrant agricultural worker or a migrant fisher OR has a parent, spouse, or guardian who is a migrant agricultural worker or a migrant fisher; AND
-Performs, or has a parent, spouse, or guardian who performs, qualifying agricultural or fishing employment for wages or personal subsistence; AND
-Has moved recently to obtain, or to accompany or join a parent, spouse, or guardian to obtain temporary or seasonal employment in agricultural or fishing work