(A) Firm eligibility
(i) In general The Secretary shall provide the opportunity for a group of workers on whose behalf a petition is filed under section
2271 of this title to request that the group of workers be certified for the alternative trade adjustment assistance program under this section at the time the petition is filed.
(ii) Criteria In determining whether to certify a group of workers as eligible for the alternative trade adjustment assistance program, the Secretary shall consider the following criteria:
(I) Whether a significant number of workers in the workers firm are 50 years of age or older.
(II) Whether the workers in the workers firm possess skills that are not easily transferable.
(III) The competitive conditions within the workers industry.
(iii) Deadline The Secretary shall determine whether the workers in the group are eligible for the alternative trade adjustment assistance program by the date specified in section
2273 (a) of this title.
(B) Individual eligibility A worker in the group that the Secretary has certified as eligible for the alternative trade adjustment assistance program may elect to receive benefits under the alternative trade adjustment assistance program if the worker
(i) is covered by a certification under subpart A of this part;
(ii) obtains reemployment not more than 26 weeks after the date of separation from the adversely affected employment;
(iii) is at least 50 years of age;
(iv) earns not more than $50,000 a year in wages from reemployment;
(v) is employed on a full-time basis as defined by State law in the State in which the worker is employed; and
(vi) does not return to the employment from which the worker was separated.
