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Foreign labor certification grant allocations
Summary ETA allocated foreign labor certification grant funds to state workforce agencies for January 1 through March 6, 2009 under the continuing resolution. Its official expiration date was March 6, 2009, and ETA now labels the advisory Canceled.
Document
Federal guidance
Agency
U.S. Department of Labor, Employment and Training Administration (ETA)
Document number
TEGL No. 10-08
Date issued
January 15, 2009
Status
Withdrawn
ETA lists this advisory Canceled as of 2026-10-24; its official letter prints Rescissions: None and Expiration Date: March 6, 2009.
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This document has been withdrawn.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.
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/2009/TEGL10-08acc.pdf
CLASSIFICATION
Foreign Labor Certification
EMPLOYMENT AND TRAINING ADMINISTRATION
CORRESPONDENCE SYMBOL
ADVISORY SYSTEM
U.S. DEPARTMENT OF LABOR OFLC
Washington, D.C. 20210
ISSUE DATE
January 15, 2009
ADVISORY: FOREIGN LABOR CERTIFICATION
TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 10-08
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 For January 1, 2009 Through March 6, 2009
1. Purpose. To advise State Workforce Agencies (SWAs) of their Foreign Labor Certification
(FLC) grant allocations for the last 65 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
March 6, 2009
-2-
In the absence of final FY 2009 appropriations action – including a final Appropriations Act for
the Department of Labor – the Congress authorized and the President 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. Under TEGL 6-08 (effective December 3, 2008), the Department allocated FLC
funding to SWAs for the first 92 calendar days of this long-term CR, through December 31,
2008. On December 18 and 19, 2008, the Department published new regulations governing
the H-2A and H-2B temporary labor certification programs. These regulations will take effect
on January 17 and 18, 2009, and will result in changes to SWA responsibilities and workload.
As a result, the new regulations may require a shift in the funding provided by the Office of
Foreign Labor Certification. However, in view of the short time remaining in the CR, this
TEGL makes no change to the funding rate for SWAs authorized under the CR. In the coming
weeks, the Department will determine what, if any, changes are necessary to SWA FLC
allocations and grant plans for the remainder of FY 2009, and issue guidance accordingly.
The attachment to this TEGL lists the FLC grant allocation for each state under the remaining
65 calendar days of the CR, through March 6, 2009.
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 is issued, 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 Contracts Management as their respective allocations become
available for their use.
4. Effective Date. This guidance is effective immediately.
5. Action Required. 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.
Attachment
Attachment PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2009/TEGL10-08a1.pdf
FY 2009 Foreign Labor Certification Grant Allocations
January 1, 2009 - March 6, 2009
State Workforce Agency FY 2009 -- CR Distribution
Alabama 10,877
Alaska 9,945
Arizona 37,254
Arkansas 11,498
California 339,658
Colorado 32,383
Connecticut 36,279
Delaware 13,802
Florida 81,918
Georgia 76,211
Guam 9,323
Hawaii 9,323
Idaho 29,614
Illinois 59,158
Indiana 9,945
Iowa 11,188
Kansas 16,734
Kentucky 45,795
Louisiana 22,736
Maine 40,722
Maryland 71,084
Massachusetts 107,802
Michigan 41,313
Minnesota 14,087
Mississippi 13,052
Missouri 17,386
Montana 10,566
Nebraska 14,658
Nevada 11,239
New Hampshire 12,182
New Jersey 84,299
New Mexico 11,498
New York 191,896
North Carolina 28,333
North Dakota 12,724
Ohio 28,540
Oklahoma 10,877
Oregon 12,093
Pennsylvania 78,455
Puerto Rico 9,323
Rhode Island 9,945
South Carolina 12,525
South Dakota 11,188
Tennessee 23,328
Texas 131,681
Utah 13,812
Vermont 14,216
Virgin Islands 9,323
Virginia 118,499
Washington 29,186
Washington DC 16,413
West Virginia 10,255
Wisconsin 17,843
Wyoming 10,255
Total 2,114,239
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