Foreign labor certification grants for November 2007 CR

Accessible letter PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2007/TEGL12-07acc.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
                                                         December 3, 2007

ADVISORY: FOREIGN LABOR CERTIFICATION
          TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 12-07

TO:           STATE WORKFORCE AGENCY ADMINISTRATORS

FROM:         EMILY STOVER DeROCCO /s/
              Assistant Secretary

SUBJECT:      Fiscal Year (FY) 2008 Alien Labor Certification Grants – State Workforce
              Agency Allocations Under Continuing Budget Resolution Effective
              Through December 14, 2007


1. Purpose. To advise State Workforce Agencies of their Alien Labor Certification (ALC)
   grant allocations under the FY 2008 Continuing Budget Resolution in effect
   November 17, 2007, through December 14, 2007.

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

 RESCISSIONS                                                EXPIRATION DATE
                                                            December 14, 2007


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, advises State Workforce Agencies (SWA) on
   the Alien Labor Certification (ALC) 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.

   In the absence of final FY 2008 appropriations action to date – including a final
   Appropriations Act for the Department of Labor – the Congress has authorized and the
   President has signed a Continuing Budget Resolution (CR) to fund Government
   operations at the FY 2007 rate from November 17 through December 14, 2007. A
   previous CR funded programs from October 1 through November 16, 2007. With
   respect to the Department of Labor, the CR includes funding for state ALC activities
   under the Department’s State Unemployment Insurance Employment Service
   Operations account. The attachment to this TEGL lists the grant allocation for each
   state under the current CR.

   Based on long-standing practice, once the Department receives a final FY 2008
   appropriation, it will issue detailed planning guidance to SWAs. For SWAs planning to
   apply for FY 2008 ALC funding or that have, by that time, used ALC funding distributed
   under an FY 2008 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.

   As appropriate, prior to final FY 2008 appropriations action, ETA will, to the extent
   feasible, advise SWAs of the amounts they will receive under each CR. 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 Julie Cerruti at (202) 693-3010.
   Program-related questions should be directed to Brian Pasternak at (202) 693-3010.

7. Attachment.

Attachment 1 PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2007/TEGL12-07a1.pdf

FY 2008 Alien Labor Certification Grant Allocations
Under Continuining Budget Resolution in Effect November 17 - December 14, 2007


          State Workforce Agency            FY 2008 -- 2nd CR Distribution
Alabama                                                                  4,723
Alaska                                                                   4,318
Arizona                                                                 16,176
Arkansas                                                                 4,993
California                                                             147,484
Colorado                                                                14,061
Connecticut                                                             15,753
Delaware                                                                 5,993
Florida                                                                 35,570
Georgia                                                                 33,092
Guam                                                                     4,048
Hawaii                                                                   4,048
Idaho                                                                   12,859
Illinois                                                                25,687
Indiana                                                                  4,318
Iowa                                                                     4,858
Kansas                                                                   7,266
Kentucky                                                                19,885
Louisiana                                                                9,872
Maine                                                                   17,682
Maryland                                                                30,866
Massachusetts                                                           46,809
Michigan                                                                17,938
Minnesota                                                                6,117
Mississippi                                                              5,668
Missouri                                                                 7,549
Montana                                                                  4,588
Nebraska                                                                 6,364
Nevada                                                                   4,880
New Hampshire                                                            5,289
New Jersey                                                              36,604
New Mexico                                                               4,993
New York                                                                83,324
North Carolina                                                          12,303
North Dakota                                                             5,525
Ohio                                                                    12,392
Oklahoma                                                                 4,723
Oregon                                                                   5,251
Pennsylvania                                                            34,066
Puerto Rico                                                              4,048
Rhode Island                                                             4,318
South Carolina                                                           5,438
South Dakota                                                             4,858
Tennessee                                                               10,129
Texas                                                                   57,178
Utah                                                                     5,997
Vermont                                                                  6,173
Virgin Islands                                                           4,048
Virginia                                                                51,454
Washington                                                              12,673
Washington DC                                                            7,127
West Virginia                                                            4,453
Wisconsin                                                                7,748
Wyoming                                                                  4,453
Total                                                                  918,033