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Foreign labor certification grants through 2008
Summary ETA allocated foreign labor certification grant funds to state workforce agencies for October 1 through December 31, 2008 under the fiscal year 2009 continuing resolution. Its official expiration was December 31, 2008, and ETA now labels it Canceled.
Document
Federal guidance
Agency
U.S. Department of Labor, Employment and Training Administration (ETA)
Document number
TEGL No. 6-08
Date issued
December 3, 2008
Status
Withdrawn
ETA lists this advisory Canceled as of 2026-10-24; its official letter prints Rescissions: None and Expiration Date: December 31, 2008.
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.
Accessible letter PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2008/TEGL06-08acc.pdf
CLASSIFICATION
EMPLOYMENT AND TRAINING ADMINISTRATION Foreign Labor Certification
ADVISORY SYSTEM CORRESPONDENCE SYMBOL
U.S. DEPARTMENT OF LABOR OFLC
Washington, D.C. 20210 DATE
December 3, 2008
ADVISORY: FOREIGN LABOR CERTIFICATION
TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 6-08
TO: STATE WORKFORCE AGENCY ADMINISTRATORS
FROM: BRENT R. ORRELL /s/
Deputy Assistant Secretary
SUBJECT: Fiscal Year (FY) 2009 Foreign Labor Certification Grants – State Workforce
Agency Allocations Through December 31, 2008
1. Purpose. To advise State Workforce Agencies (SWAs) of their Foreign Labor Certification
(FLC) grant allocations for the first 92 days of the FY 2009 Continuing Resolution (CR) in
effect October 1, 2008, through March 6, 2009.
2. References.
• Immigration and Nationality Act (INA) Sections 101(a), 212(n) and (t), 214(c), and
218
• U.S. Citizenship and Immigration Services regulation at 8 CFR 214.2(h)
• Wagner-Peyser Act Section 7(d)
• 29 CFR Part 93
• OMB Circular A-87
• Employment and Training Administration (ETA) Handbook No. 385, Wage Finding
Process, August 1981
• Guide for Employment Service Reimbursable Grant Activities
• ETA Handbook No. 398, H-2A Program Handbook, January 1988
• Prevailing Wage Determination Policy Guidance for Nonagricultural Immigration
Programs, May 2005
• Training and Employment Guidance Letter No. 04-06
Subject: Plans to Phase out Penalty Mail Costs for “Employment Security” Programs
and Availability of Supplemental Budget Funds for Conversion to Commercial Mail
Methods
• Other ETA instructions as noted
3. Background. Each fiscal year, upon the enactment of appropriations legislation for the
Department of Labor, the Employment and Training Administration (ETA), through the
Office of Foreign Labor Certification (OFLC), advises SWAs on their FLC grant distribution
for the fiscal year, subject to submission and approval of workplans and meeting other
criteria for funding. ETA guidance is designed to assist SWAs in their financial planning
and, assuming ETA approves their workplans, to outline each state’s procedural and
programmatic obligations under the grant.
RESCISSIONS EXPIRATION DATE
None December 31, 2008
-2-
In the absence of final FY 2009 appropriations action – including a final Appropriations Act
for the Department of Labor – the Congress has authorized and the President has signed the
Consolidated Security, Disaster Assistance, and Continuing Appropriations Act of 2009, P.L.
110-329 (September 30, 2008). The Act includes disaster relief; provides full-year funding
for select government activities; and extends funding at the 2008 level for the Department of
Labor and many other government agencies from October 1, 2008, through March 6, 2009.
With respect to the Department of Labor, the Act includes funding for state FLC activities
under the Department’s State Unemployment Insurance and Employment Service Operations
account. The attachment to this TEGL lists the FLC grant allocation for each state under the
first 92 calendar days of this long-term CR, through December 31, 2008. The Department
has proposed major regulations that would, among other things, significantly change the role
of SWAs in the foreign labor certification process, particularly in the H-2A and H-2B
temporary programs. Implementation of final regulations, which would become effective in
30 days, could potentially lead to a dramatic change in SWA responsibilities, requiring a shift
in the funding provided by the Office of Foreign Labor Certification. As we approach
January 1, 2009, the Department will issue additional guidance governing funding for the
remainder of the CR and FY 2009, including the issuance of annual state grant plans.
Based on longstanding practice, once the Department receives a final FY 2009 appropriation,
it will issue detailed planning guidance to SWAs. For SWAs planning to apply for FY 2009
FLC funding or that have, by the time final guidance issues, used FLC funding distributed
under an FY 2009 CR, the issuance of the planning guidance triggers an obligation to
immediately submit a workplan in order to demonstrate continuing eligibility under the
annual grant. SWAs accepting funding under the current CR and this TEGL agree to be
bound by and comply with the terms and conditions set forth by OFLC in its FY 2008 grant
planning guidance, until such time as an FY 2009 workplan is submitted by a state and
subsequently approved by OFLC.
Following the issuance of this TEGL, SWAs will receive additional information from the
ETA Office of Grants and Contract Management as their respective allocations become
available for their use.
4. Effective Date. This guidance is effective immediately.
5. Action Requested. SWA Administrators are directed to provide SWA staff involved in
foreign labor certification activities with a copy of these procedures.
6. Inquiries. Grant funding questions should be directed to Leticia Sierra at (202) 693-3010.
OFLC program-related questions should be directed to Brian Pasternak at (202) 693-3010.
7. Attachment. FY 2009 Foreign Labor Certification Grant Allocations: October 1, 2008 –
December 31, 2008.
Attachment PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2008/TEGL06-08a1.pdf
FY 2009 Foreign Labor Certification Grant Allocations
October 1, 2008 - December 31, 2008
State Workforce Agency FY 2009 -- CR Distribution
Alabama 15,399
Alaska 14,079
Arizona 52,741
Arkansas 16,279
California 480,865
Colorado 45,845
Connecticut 51,361
Delaware 19,541
Florida 115,975
Georgia 107,895
Guam 13,199
Hawaii 13,199
Idaho 41,925
Illinois 83,751
Indiana 14,079
Iowa 15,839
Kansas 23,692
Kentucky 64,834
Louisiana 32,188
Maine 57,650
Maryland 100,637
Massachusetts 152,620
Michigan 58,487
Minnesota 19,944
Mississippi 18,479
Missouri 24,615
Montana 14,959
Nebraska 20,751
Nevada 15,911
New Hampshire 17,246
New Jersey 119,344
New Mexico 16,279
New York 271,673
North Carolina 40,113
North Dakota 18,014
Ohio 40,404
Oklahoma 15,399
Oregon 17,120
Pennsylvania 111,072
Puerto Rico 13,199
Rhode Island 14,079
South Carolina 17,731
South Dakota 15,839
Tennessee 33,026
Texas 186,425
Utah 19,553
Vermont 20,125
Virgin Islands 13,199
Virginia 167,763
Washington 41,319
Washington DC 23,236
West Virginia 14,519
Wisconsin 25,261
Wyoming 14,519
Total 2,993,196
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