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FY 2022 initial Work Opportunity Tax Credit allotments

Summary ETA gave state workforce agencies initial FY 2022 funds to administer the Work Opportunity Tax Credit under a continuing resolution through December 3, 2021. It listed state allotments and asked for grant applications within 30 days. Changes 1 and 2 later announced further FY 2022 funds without rescinding this base letter.
Document
Federal guidance
Agency
U.S. Department of Labor, Employment and Training Administration (ETA)
Document number
TEGL No. 03-21
Date issued
November 15, 2021
Status
Active
ETA lists this base letter as active. It prints an expiration date of Continuing and no rescissions; later changes added FY 2022 funding.
Status last verified October 24, 2026

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About this page: The full text below is the official document from U.S. Department of Labor, Employment and Training Administration (ETA). Ezel adds the plain-English summary and tracks the document's status. The official source linked on this page is authoritative for any reliance.
CLASSIFICATION
   EMPLOYMENT AND TRAINING ADMINISTRATION                WOTC
               ADVISORY SYSTEM                           CORRESPONDENCE SYMBOL
          U.S. DEPARTMENT OF LABOR                       OWI
             Washington, D.C. 20210                     DATE
                                                        November 15, 2021

ADVISORY:      TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 3-21

TO:             STATE WORKFORCE AGENCIES
                STATE WORKFORCE ADMINISTRATORS
                WORK OPPORTUNITY TAX CREDIT COORDINATORS

FROM:           ANGELA HANKS
                Acting Assistant Secretary

SUBJECT:        Work Opportunity Tax Credit (WOTC) Initial Funding Allotments for Fiscal
                Year 2022

1. Purpose. To convey the WOTC Fiscal Year (FY) 2022 initial funding allotments and
   application requirements for State Workforce Agencies (SWA) based on funding
   appropriated through a continuing resolution (CR) through December 3, 2021.

2. Action Requested. Grantees must meet the application requirements detailed in section 4
   within 30 calendar days from the date of this Training and Employment Guidance Letter
   (TEGL) issuance.

3. Summary and Background.

   a. Summary – On September 30, 2021, the Extending Government Funding and Delivering
      Emergency Assistance Act, 2022 (Public Law 117-43) was signed into law, providing a
      continuing resolution (CR), which allows for the uninterrupted administration of the
      WOTC through December 3, 2021. The allotment for WOTC under this CR is
      $3,240,420. Once Congress authorizes final appropriations for FY 2022, the
      Employment and Training Administration (ETA) will publish a change to this TEGL to
      announce the full year allotments and state balances. If applicable, ETA will also
      announce any additional funding appropriated to reduce processing backlogs and assist
      states in adopting or modernizing information technology for processing of certification
      requests. ETA requests that SWAs submit applications for funding as allotted in
      Attachment I to this TEGL.

   b. Background – The WOTC is set forth under section 51 of the Internal Revenue Code of
      1986 (Code) and is effective until December 31, 2025 under Section 113 of Division EE,
      Title 3 -- Further Consolidated Appropriations Act, 2021 (P.L. 116-260). The U.S.
      Department of the Treasury, through the Internal Revenue Service (IRS), administers all
      tax-related provisions and requirements of the Federal tax credit. The U.S. Department
      of Labor, through the ETA, awards grants to states for administration of WOTC.

  RESCISSIONS                                            EXPIRATION DATE
  None                                                   Continuing

4. Details. States must enter the state allotment amount (provided in Attachment I) on their
   SF-424 Form, Application for Federal Assistance (OMB Control No. 4040-0004), as their
   request for FY 2022 funding.

   After allocating $20,000 to the Virgin Islands, ETA distributes the remaining funds to the
   SWAs by administrative formula with a $66,000 minimum allotment and a 95 percent stop-
   loss/120 percent stop-gain from the previous year allotment-share percentage. The
   administrative formula is calculated as follows:

   a. 50 percent is based on each state’s relative share of total WOTC certifications issued
      from October 1, 2020 through September 30, 2021;
   b. 30 percent is based on each state’s relative share of the Civilian Labor Force averages for
      the 12-month period from October 1, 2020 through September 30, 2021; and
   c. 20 percent is based on each state’s relative share of adult recipients of Temporary
      Assistance for Needy Families averages from October 1, 2019 through September 30,
      2020.

   Application Requirements for FY 2022 Funding. ETA requires grantees to submit an
   electronically signed copy of the SF-424 Form through Grants.gov for funding opportunity
   number ETA-WOTC-TEGL-03-21-2022 at https://www.grants.gov, within 30 calendar days
   from the issuance date of this TEGL. The official, electronically signed SF-424 Form must
   reflect the state amount listed in Attachment I for the requested estimated funding total in
   item #18, and the Catalog of Federal Domestic Assistance Number 17.271 for item #11.

   Each applicant must have a Dun and Bradstreet Data Universal Numbering System (DUNS)
   number available and it must be registered with the System for Award Management (SAM)
   at https://www.sam.gov, before submitting an application. To submit the required
   documents, applicants must follow the “Apply for Grants” link on Grants.gov and download
   the links for the grant application package. For this grant opportunity, applicants should not
   follow the “Find Grants” link, as this is not a competitive funding opportunity. If applicants
   encounter a problem with Grants.gov and do not find an answer in any of the other resources,
   they should call 1-800-518-4726 or 1-606-545-5035 to speak to a Customer Support
   Representative or send an email to [email protected]. Please note: Effective June 2017,
   applicants can no longer access SAM using Internet Explorer (IE) web browser versions
   older than IE11.

   General Administration. SWAs are responsible for using the FY 2022 CR funding
   allotment to conduct WOTC activities outlined in Attachment II, WOTC Statement of Work,
   through December 3, 2021.

   Reporting Requirements.
   a) Quarterly Financial Report – SWAs must report fiscal expenditures quarterly using
      ETA Form 9130. Financial reports are due no later than 45 days following the end of

       each quarter. Timely submission of these reports is important to ensure proper
       accounting of funds.

   b) Quarterly Performance Report – SWAs must use the web-based Enterprise Business
      Support System (EBSS) Tax Credit Reporting System to report quarterly activities and
      outcomes using ETA Form 9058. Performance reports are due no later than 45 days
      following the end of each quarter. Timely submission of these reports is important for
      administration purposes.

5. Inquiries. Please direct inquiries to the appropriate Regional WOTC Coordinator listed on
   the WOTC website at https://www.dol.gov/agencies/eta/wotc/contact/regional-offices.

6. References.
   • Section 51 of the Internal Revenue Code of 1986 as amended; and
   • P.L. 117-43 -- Extending Government Funding and Delivering Emergency Assistance
      Act of 2022.

7. Attachment(s).
     Attachment I: Work Opportunity Tax Credit Fiscal Year 2022 Initial State Allotments
     Attachment II: Work Opportunity Tax Credit Statement of Work

                                 Work Opportunity Tax Credit                                         Attachment I
                   FY 2022 State Allotments under Continuing Resolution #1

                                                                                    CR #1
                                                                             10/1/21 thru 12/03/21
State
                                                                                   (17.53%)
Total                                                                                  $3,240,420

Alabama                                                                                   49,516
Alaska                                                                                    11,570
Arizona                                                                                   52,952
Arkansas                                                                                  25,123
California                                                                               440,238
Colorado                                                                                  51,705
Connecticut                                                                               22,045
Delaware                                                                                  12,450
District of Columbia                                                                      11,570
Florida                                                                                  153,178
Georgia                                                                                   93,604
Hawaii                                                                                    11,570
Idaho                                                                                     13,884
Illinois                                                                                 137,158
Indiana                                                                                   53,076
Iowa                                                                                      42,494
Kansas                                                                                    22,590
Kentucky                                                                                  68,732
Louisiana                                                                                 50,870
Maine                                                                                     12,662
Maryland                                                                                  61,872
Massachusetts                                                                             64,697
Michigan                                                                                 111,615
Minnesota                                                                                 45,859
Mississippi                                                                               38,192
Missouri                                                                                  73,542
Montana                                                                                   11,570
Nebraska                                                                                  25,906
Nevada                                                                                    24,098
New Hampshire                                                                             11,570
New Jersey                                                                                59,236
New Mexico                                                                                25,378
New York                                                                                 186,758
North Carolina                                                                            88,019
North Dakota                                                                              11,570
Ohio                                                                                     129,308
Oklahoma                                                                                  50,564
Oregon                                                                                    46,475
Pennsylvania                                                                             138,026
Puerto Rico                                                                               13,877
Rhode Island                                                                              13,884
South Carolina                                                                            46,722
South Dakota                                                                              11,570
Tennessee                                                                                126,985
Texas                                                                                    214,333
Utah                                                                                      18,635
Vermont                                                                                   11,570
Virginia                                                                                  73,484
Washington                                                                                69,658
West Virginia                                                                             22,991
Wisconsin                                                                                 60,393
Wyoming                                                                                   11,570
Virgin Islands                                                                             3,506

                                                                          Attachment II

                           Work Opportunity Tax Credit (WOTC)
                                      Statement of Work
State Workforce Development Agencies, also known as State Workforce Agencies (SWA), must
use funds for the Fiscal Year to realize the following responsibilities:

1. The SWA must adhere to Employment and Training Administration (ETA) guidance, and
   provisions of the Internal Revenue Code of 1986, Section 51, as amended, in administering
   WOTC. Law designates the SWAs as the only agencies that can issue a Certification.
   26 USC sec. 51(d)(12).
2. Designate a state coordinator, who oversees the administration of WOTC, for each state
   grant.
3. Determine eligibility of individuals as members of targeted groups, on a timely basis, and
   issue employer certifications, denials, or notices of invalidation for tax credits on a timely
   basis, and in accordance with the policies and procedures set forth by ETA.
4. Establish and implement an appeals resolution process in accordance with the guidelines
   provided by ETA.
5. Develop a backlog reduction plan that includes an estimated timeline to eliminate existing
   backlogs based on current policies and procedures, and notify your regional coordinator prior
   to implementation.
6. Establish and maintain appropriate forms’ quality review process, record keeping, and
   reporting capability related to the orderly management of WOTC certification requests.
7. Establish and maintain an orderly system for regularly verifying the eligibility of a random
   sample of individuals certified under WOTC and initiating effective corrective action when
   appropriate as indicated by results of such activities.

Additionally, SWAs may also use the funds to realize the following items below:
    Develop working agreements, such as Memorandums of Understanding (MOU) or other
     formal agreements, with partner agencies in the American Job Center network (also known
     as the One-Stop Career Center system) and coordinate efforts to promote WOTC to
     employers, job seekers and other Workforce Innovation and Opportunity Act (WIOA)
     partners.
    Develop working agreements such as MOUs or other formal agreements with other SWAs
     for the timely and orderly processing of “out of state” Certification Requests (i.e.,
     applications) requiring SWAs to provide available documentation and records for WOTC
     potentially eligible applicants/new hires relocating and working in another state.
    Develop working agreements such as MOUs or other formal agreements with state or local
     partnering agencies (i.e. state Vocational Rehabilitation Agencies, Veterans Administration
     and related organizations, Employment Networks, and other local workforce areas), for the
     purposes of expediting verification of targeted group eligibility information submitted in
     the certification request, and issuing Conditional Certifications, where appropriate.

                                                                              Attachment II

        Train state and participating agency staff, and provide monitoring and technical assistance
         to these agencies, as appropriate, for conducting target group preliminary eligibility
         determinations and issuing Conditional Certifications.
Other Grant Agreement Conditions
By entering into this agreement, the SWA agrees to the following conditions:
       SWAs must assure that all data exchanges conducted through or during the course of
        performance of this grant will be conducted in a manner consistent with applicable Federal
        law and TEGL NO. 39-11 (https://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=7872)
        issued June 28, 2012. All such activity conducted by ETA and/or recipient/s will be
        performed in a manner consistent with applicable state and Federal laws.
       Fulfill performance and financial reporting requirements under grant agreement.

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