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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Withdrawn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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This document has been withdrawn. Ezel checks what federal law requires today, under current federal labor law, and answers your situation with citations.

This document has been withdrawn
ETA lists this advisory Canceled as of 2026-10-24; its official letter prints Rescissions: None and Expiration Date: December 31, 2008. It no longer reflects the agency's current position. Treat this page as historical context, not current guidance, and verify current law before relying on anything here.
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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