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FY 2024 foreign labor certification grant allotments, Change 2
Summary ETA updates state workforce agency instructions for foreign labor certification activities and announces FY 2024 grant allotments. The change includes annual planning and application materials, while provisions of TEGL 12-21 and Change 1 that it does not amend remain applicable for the FY 2022–2024 period. Applications were due within 30 days unless ETA granted an extension.
Document
Federal guidance
Agency
U.S. Department of Labor, Employment and Training Administration (ETA)
Document number
TEGL No. 12-21, Change 2
Date issued
April 26, 2024
Status
Active
ETA lists this change as active and the letter prints an expiration date of Continuing. Its FY 2024 funding and 30-day application period have passed; it lists no rescissions.
Status last verified October 24, 2026
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CLASSIFICATION
EMPLOYMENT AND TRAINING ADMINISTRATION Foreign Labor Certification
ADVISORY SYSTEM CORRESPONDENCE SYMBOL
U.S. DEPARTMENT OF LABOR OFLC
Washington, D.C. 20210 DATE
April 26, 2024
ADVISORY: TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 12-21,
CHANGE 2
TO: STATE WORKFORCE AGENCY ADMINISTRATORS
FROM: JOSÉ JAVIER RODRÍGUEZ
Assistant Secretary
SUBJECT: Foreign Labor Certification Grant Planning Guidance for Fiscal Years
(FYs) 2022 through FY 2024, Change 2
1. Purpose. To provide updated guidance to State Workforce Agencies (SWAs) regarding foreign
labor certification activities, and announce the allotments for FY 2024 foreign labor certification
grants.
2. Action Requested. The Employment and Training Administration (ETA) requests that SWA
Administrators receiving this guidance share the information within their respective organizations to
ensure that fiscal and programmatic staff are fully aware of the changes impacting foreign labor
certification grant activities and timelines contained in this Training and Employment Guidance
Letter (TEGL), Change 2.
SWAs must submit an annual grant application to ETA unless they are in receipt of an approved
extension from the ETA Office of Foreign Labor Certification (OFLC). These applications must be
submitted no later than 30 calendar days after the issuance of this guidance. OFLC will review
the grant application package and, generally within 30 calendar days of receipt, inform the SWA in
writing of any concerns or deficiencies that may prevent the grant application package from being
approved.
3. Summary. This TEGL 12-21, Change 2, provides updated programmatic guidance and announces
SWAs’ FY 2024 grant allotments for foreign labor certification activities. Please note that sections
of TEGL 12-21 NOT expressly listed in this change remain applicable during the term of TEGL 12-
21 (FY 2022 – FY 2024).
4. Content. Please see Attachment I for guidance, Attachment II for FY 2024 grant allotments, and
Attachments III, IV, V and VI for SWA Annual Plans. This Change 2 must be reviewed in tandem
with TEGL 12-21 and TEGL 12-21 Change 1. Any items not specifically amended through this
TEGL will remain in effect.
5. Inquiries. SWA staff should direct all financial questions to the OFLC National Office at
[email protected].
RESCISSIONS EXPIRATION DATE
None Continuing
6. References.
• Immigration and Nationality Act (INA), as amended, 8 U.S.C. 1101(a),
1182(a)(5)(A), 1184(c), and 1188;
• Approval of Covenant to Establish a Commonwealth of the Northern Mariana
Islands, 48 U.S.C. 1801, 1806
• Wagner-Peyser Act, 29 U.S.C. 49f(d);
• U.S. Citizenship and Immigration Services regulations at 8 Code of Federal Regulations (CFR)
Part 214
• 20 CFR Parts 653, subpart F; 654, subpart E; 655, subparts A, B and E; 656; and 658;
• 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards;
• 2 CFR Part 2900, Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards, Department of Labor;
• ETA H-2A Program Handbook No. 398, January 1988;
• TEGL No. 12-21 Foreign Labor Certification Grant Planning Guidance for
Fiscal Years (FYs) 2022 through FY 2024, June 10, 2022 TRAINING AND
EMPLOYMENT GUIDANCE LETTER No. 12-21 | U.S. Department of Labor
(dol.gov);
• Training and Employment Guidance Letter No. 12-21, Change 1 Foreign
Labor Certification Grant Planning Guidance for Fiscal Years (FYs) 2022
through FY 2024, Change 1, March 20, 2023 TEGL 12-21 Change 1 | U.S.
Department of Labor (dol.gov);
• Training and Employment Notice No. 08-23 Required Employment Service
and Employment-Related Law Complaint System Posters, October 10, 2023
TEN08-23 | U.S. Department of Labor (dol.gov); and
• Further Consolidated Appropriations Act, 2024 (P.L. 118-47).
7. Attachment(s).
Attachment I: Changes to TEGL 12-21 and TEGL 12-21, Change 1
Attachment II: FY 2024 Grant Allotments
Attachment III: FY 2024 Annual Plan
Attachment IV: Annual Plan Certification
Attachment V: Instructions for Completing Budget Narrative
Amendment VI: Commonwealth of the Northern Mariana Islands (CNMI) CW-1 FY 2024 Grant
Planning Guidance
Attachment I
Changes to TEGL 12-21 and TEGL 12-21, Change 1
The mission of the Employment and Training Administration’s (ETA) Office of Foreign Labor
Certification (OFLC) is to determine, on a case-by-case basis, whether there are able, willing, and
qualified U.S. workers available for a job, and whether there will be adverse impact on the wages
and working conditions of similarly employed U.S. workers should a labor certification be granted.
The Immigration and Nationality Act (INA) assigns certain responsibilities to the Secretary of
Labor (Secretary) for employment-based immigration programs. The Secretary has delegated the
non-enforcement responsibilities of these labor certification programs to OFLC. Accordingly,
statutory and regulatory provisions of foreign labor certification programs administered by OFLC
generally require employers seeking to hire foreign labor on a permanent or temporary basis to
apply to the Secretary for a labor certification.
The Department provides annual grants to State Workforce Agencies (SWAs) to support required
state-level foreign labor certification activities. These activities include, but are not limited to,
reviewing and placing job orders to recruit U.S. workers; providing assistance to employers in the
effective recruitment of U.S. workers; conducting safety inspections of employer-provided housing
for H-2A agricultural workers and U.S. workers in corresponding employment; performing
prevailing practice and wage surveys used to set the wages and working standards for occupations
within the state; and conducting post-certification site visits to support employer compliance with
H-2A and H-2B program requirements. SWAs submit annual plans to the Department to establish
continued eligibility for these grants. These annual plans describe the SWA’s planned foreign labor
certification activities and workload expectations for the upcoming year.
Although items 1 through 6 remain unchanged in attachment II, Section B of TEGL 12-21,
items 7 – 9 is amended as follows:
7. High-Quality Award Descriptions. High-quality award descriptions include specificity
regarding the purpose of the award, activities to be performed, deliverables and expected
outcomes, intended beneficiaries, subrecipient activities, plain language, and any other
pertinent information needed to ensure stakeholders understand the intended outcomes of the
award. For foreign labor program activities, the following award description will be used:
• Purpose: To ensure that U.S. workers are notified of available job opportunities, that U.S.
employers can meet their labor needs when qualified U.S. workers are not available, and
that foreign workers and U.S. workers in corresponding employment are provided fair
wages, working conditions, and adequate and safe housing.
• Activities to be performed: SWAs will review and post job orders to recruit U.S. workers
for available positions for which employers intend to file applications for H -2A or H-2B
labor certification, ensure that farm workers are provided with safe and adequate housing by
conducting pre-occupancy inspections, and protect workers’ wages and working conditions
by conducting surveys to determine prevailing wages and practice standards.
• Deliverables and Expected Outcomes: Adequate and safe housing is provided to all H-2A
workers and, as applicable, U.S. workers in corresponding employment as required by 20
CFR 655.122(d)(1)(i) and (ii), and 20 CFR 655.122(d)(2). Timely review and posting of job
orders. Referral of qualified and available U.S. workers to job opportunities.
• Intended Beneficiaries: U.S. and foreign workers. U.S. employers.
• Subrecipient Activities: Grantee may or may not have subawards.
8. Grant Monitoring. OFLC reserves the right to conduct onsite and/or remote monitoring visits.
The primary objective of a monitoring visit is to evaluate the management and administration of
the grant, the quality of the program and/or services, and the performance of the grant to
determine if the program is operating in compliance with the grant agreement and in a manner
that ensures achievement of its goals and outcomes. If your grant is selected for a monitoring
visit, the Federal Project Officer (FPO) will reach out 60 days prior to the anticipated visit for
SWA confirmation. The FPO will provide guidance and work closely with SWA staff to help
ensure a productive visit.
9. Grant Use. The expenditure period for FY 2024 FLC State Grants is October 1, 2023, to
September 30, 2026. The annual plan must reflect foreign labor program activities to be
performed over a 12-month period within the expenditure period. While the Department
strongly encourages states to spend the entirety of their allocated funds within the fiscal year
that the funds are received, the Department understands that unforeseen circumstances may
affect fund expenditure and will allow states up to two years to expend all funds allocated for a
fiscal year.
Attachment II
FY 2024 Grant Allotments
The funding authorized for foreign labor certification state grants in the Further Consolidated
Appropriation Act, 2024 was allocated to the SWAs as described below:
1. Base Allocation ($12,924,023): With limited exceptions, a base allocation was allocated to
each SWA commensurate with its base allocation for the previous fiscal year and the level of
obligations made under its active foreign labor certification grants. The exceptions are
comprised of SWAs meeting each of the following criteria:
a. the SWA processed an annual average of less than five clearance orders attached to H-
2A applications during the three most recently completed fiscal years (FY 2021-2023);
b. the SWA processed an annual average of less than five H-2B job orders during the three
most recently completed fiscal years; and,
c. an annual average of less than five housing units were identified on clearance orders
attached to H-2A applications processed by the SWA during the three most recently
completed fiscal years.
In circumstances where a SWA’s workload met all three of these aforementioned factors, the
SWA was allocated $5,000 to support the costs associated with processing this minimal level of
foreign labor certification workload. The SWAs meeting these criteria were the District of
Columbia, Guam, and the Virgin Islands.
2. Ongoing Workload Allocation ($10,357,977): In addition to its base allocation, each SWA,
except those meeting the criteria described above, was allocated an additional ongoing amount
based on its share of the national foreign labor certification workload. Each SWA’s additional
ongoing allocation was determined in the following manner:
a. One-third of the additional allocation was based on each SWA’s proportion of the
estimated national H-2A housing inspection workload. This was defined as the total
number of housing units identified on clearance orders attached to H-2A applications
processed during the three most recently completed fiscal years (FY 2021-2023) and
located in the jurisdiction of the SWA divided by the total number of housing units
identified on clearance orders attached to H-2A applications processed by all
SWAs during the three most recently completed fiscal years.
b. Two-thirds of the additional allocation was based on each SWA’s share of the national
workload associated with reviewing and posting H-2A and H-2B job orders during the
three most recently completed fiscal years (FY 2021 – 2023).
• Seventy percent of this two-thirds amount was allocated based on each SWA’s share
of the total clearance orders attached to H-2A applications processed during the three
most recently completed fiscal years (FY 2021 – 2023). For example, if SWA 1
processed five percent of the total nationwide clearance orders attached to H-2A
applications processed during the three most recently completed fiscal years, then
SWA 1 would receive five percent of the funding allocated on this basis. Because
SWA reviews of clearance orders attached to H-2A applications have significantly
more complex regulatory requirements than SWA reviews of H-2B job orders, a
higher percentage of the available resources were allocated on the basis of clearance
orders attached to H-2A applications than on H-2B job orders.
• The remaining thirty percent of the two-thirds amount was allocated based on each
SWA’s share of the total H-2B job orders processed during the three most recently
completed fiscal years (FY 2021 – 2023). For example, if SWA 1 processed five
percent of the total nationwide H-2B job orders processed during the three most
recent fiscal years, then SWA 1 would receive five percent of the funding allocated
based on H-2B job orders.
3. Total Grant Allocation: The combined total of each SWA’s base allocation and ongoing
workload allocation comprises the SWA’s total FY 2024 grant award.
4. Data Sources: The data sources used to support the funding allocations are available in the
OFLC disclosure data published at www.dol.gov/agencies/eta/foreign-
labor/performance. Housing unit data was derived from Form ETA-790A, Addendum B. Data
from the three most recently completed fiscal years was used for the workload factors to more
accurately reflect long-term trends.
FY 2024 Funding Level: $23,282,000
*The funding amount below must be indicated on the SF-424 and SF-424A for FY 2024
Total FY 2024 Grant:
Total $23,282,000
Alabama $208,545
Alaska $101,617
Arizona $365,168
Arkansas $370,183
California $2,222,835
CNMI $46,367
Colorado $398,972
Connecticut $300,203
Delaware $65,015
District of Columbia $5,000
Florida $1,268,283
Georgia $871,374
Guam $5,000
Hawaii $73,086
Idaho $424,013
Illinois $470,094
Indiana $209,859
Iowa $394,166
Kansas $258,832
Kentucky $491,245
Louisiana $741,926
Maine $387,653
Maryland $518,918
Massachusetts $334,130
Michigan $627,842
Minnesota $290,267
Mississippi $441,576
Missouri $228,441
Montana $467,538
Nebraska $251,298
Nevada $338,384
New Hampshire $96,748
New Jersey $521,525
New Mexico $126,537
New York $1,770,889
North Carolina $970,597
$483,141
North Dakota
Total FY 2024 Grant:
Ohio $457,714
Oklahoma $185,922
Oregon $417,799
Pennsylvania $585,205
Puerto Rico $73,770
Rhode Island $91,584
South Carolina $356,610
South Dakota $273,053
Tennessee $444,955
Texas $1,031,156
Utah $308,009
Vermont $182,863
Virgin Islands $5,000
Virginia $572,322
Washington $692,094
West Virginia $49,004
Wisconsin $231,718
Wyoming $175,955
Attachment III
Instructions for FY2024 Grant Plan
The SWA grant application must be developed in accordance with the instructions contained in TEGL
12-21. The grant application package must be submitted via the www.grants.gov portal and include
an updated Fiscal Year Annual Plan. When TEGL 12-21 was published, the expiration date of the
Fiscal Year Annual Plan form was 07/31/2022. The form’s expiration date has since been updated
to 07/31/2025.
Important Reminder: The SWA must submit a completed grant application package to ETA
using the www.grants.gov portal no later than 30 calendar days from the date of this guidance.
The grant application package must consist of the following documents:
• Fiscal Year Annual Plan, Expiration Date 07/31/2025, Office of Management and Budget
(OMB) Control No. 1225-0086;
• An annual plan certification in accordance with and provided in Attachment IV of this
guidance;
• An SF-424: Application for Federal Assistance, Expiration date 1/31/2025, OMB Control
No. 4040-0004
• An SF-424A: Budget Information, Non-Construction Programs, Expiration Date
02/28/2025, OMB Control No. 4040-0006;
• A budget narrative drafted in accordance with the instructions provided in Attachment V of
this guidance;
• A justification and supporting documentation for any proposed equipment purchases of
$5,000 or more; and
• A Negotiated Indirect Cost Rate Agreement (if applicable).
OMB Approval: 1225-0086
Expiration Date: 07/31/2025
FISCAL YEAR (FY) 2024 ANNUAL PLAN
(Please complete all yellow highlighted fields)
(Insert Official Name of SWA – not that of an individual)
Hereafter referred to as the “state agency,” [FILL IN NAME OF STATE AGENCY] has prepared the following plan and statement of
assurances for delivering services during the FY (October 1 through September 30) to support the administration of foreign labor
certification programs in accordance with all applicable statutes, regulations, policies, procedures, handbooks, manuals, and other
directives.
A. Foreign Labor Certification Workload
Category of OFLC Program Previous Year Current Year Current Year Total Estimated
Services/Activities (FY 2023) (FY 2024) (FY 2024) Workload for
Current Year
(1)
Workload Workload Workload (FY 2024)
(per ETA 9127 Report) (Completed) (Projected) (Add previous 2
columns)
A. Number of agricultural Click or tap Click or tap Click or Click or
prevailing wage surveys here to enter here to enter tap here tap here to
conducted and projected to be text. text. to enter enter text.
conducted under section C.4. text.
B. Number of agricultural Click or tap Click or tap Click or Click or
prevailing practice surveys here to enter here to enter tap here tap here to
conducted and projected to be text. text. to enter enter text.
conducted under section C.5. text.
C. Number of CW-1 job offers Click or tap Click or tap Click or Click or
maintained on website (only here to enter here to enter tap here tap here to
applicable for CNMI). text. text. to enter enter text.
text.
D. Number of H-2A and H-2B Click or tap Click or tap Click or Click or
related stakeholder outreach here to enter here to enter tap here tap here to
events under sections B.1 and text. text to enter enter text.
C.1. text.
E. Number of stakeholders reached Click or tap Click or tap Click or Click or
by H-2A and H-2B related here to enter here to enter tap here tap here to
outreach events conducted text. text to enter enter text
under sections B.1 and C.1. text
F. Number of Full Time Equivalent Click or tap Click or tap Click or Click or
(FTE) staff funded by this grant. here to enter here to enter tap here tap here to
text text to enter enter text.
text
G. Number of H-2A and H-2B Click or tap Click or tap Click or Click or
post-certification site visits. here to enter here to enter tap here tap here to
text text to enter enter text.
text
(1)
Workload includes completed OFLC program services/activities provided, and services/activities planned for the period between October 1st and
September 30th of each fiscal year. For completion of this chart, SWAs should refer to data from SWA job order systems and Form ETA 9127
submissions.
(2)
Data provided for reporting items should exclude range housing units inspected under 20 CFR 655.230, H-2A Herder Rule for the Temporary
Employment of H-2A Foreign Workers in the Herding or Production of Livestock on the Range in the United States.
(3)
Workload includes the tracking of CNMI labor exchange website recruitment reports uploaded by employers in accordance with th e governing
provision of the CNMI Interim Final Rule, codified at 20 CFR 655.442.
B. H-2B Temporary Nonagricultural Program Activities
Section 214(c)(1) of the Immigration and Nationality Act, 8 U.S.C. 1184(c)(1) requires the
Secretary of Homeland Security to make H-2B visa determinations in specific cases “after
consultation with appropriate agencies of the Government, upon petition of the importing
employer.” Under Department of Homeland Security (DHS) regulations at 8 CFR
214.2(h)(6)(iii)(C), an H-2B petition for temporary employment must be accompanied by
an approved temporary labor certification from DOL, which serves as DOL’s advice to
DHS regarding whether a qualified U.S. worker is available to fill the petitioning H-2B
employer’s job opportunity and whether a foreign worker’s employment in the job
opportunity will adversely affect the wages or working conditions of similarly employed
U.S. workers. In accordance with regulations at 20 CFR part 655, Subpart A, the SWA
agrees to carry out all state activities to support DOL’s review and processing of job orders
and applications seeking temporary labor certification under the H-2B program.
Specifically, the SWA agrees to carry out the following state activities:
1. Stakeholder Education and Outreach: As part of a comprehensive education and
outreach plan, the SWA should make available in a conspicuous location on the state
agency website the following resources, such as:
• Information on how employers can participate in the H-2B program, for example
easy-to-understand instructions on how to prepare and submit a job order; a copy
of the SWA job order form that is accessible and can be completed
electronically; and current contact information within the SWA for employers to
request technical assistance.
• Worker rights information developed by the SWA or as provided below:
o Employee Rights Under the H-2B Program Poster (PDF);
o Spanish Version Poster (PDF);
o H-2B Worker Rights and COVID-19 (PDF);
o Spanish Version Poster (PDF).
• Educate employers about the responsibilities associated with the use of foreign
labor recruiters and ban on prohibited fees.
• To the extent practicable, the SWA agrees to maintain an up -to-date listing of
contacts associated with the central office of the State Federation of Labor and
office(s) of local union(s) representing employees in occupations traditionally
or customarily unionized and make the list readily available to employers.
No less frequently than once a year, the SWA will electronically disseminate to
employers who routinely use the H-2B program helpful tips or best practices on
preparing high quality job orders, information on any relevant state-specific and local
employment-related laws, including health and safety laws and requirements
impacting the material terms or conditions of employer job orders, and the most
current version of the state agency’s job order form and instructions.
In addition, the SWA will also make effort to:
• Remind and educate employers about Title VII of the Civil Rights Act of 1964,
which makes it illegal to discriminate against someone or harass someone on the
basis of race, color, religion, national origin or sex, and makes employers
accountable for providing a work environment that is free from harassment an d
other kinds of discrimination.
• Where requested and funds permitting, the SWA will participate in local or state
employer roundtables, conferences or other stakeholder forums to present and/or
disseminate information related to the H-2B program.
2. Placement of Clearance Orders Attached to H-2B Applications: In accordance
with the Wagner-Peyser Act (29 U.S.C. 49 et seq.), the SWA already administers a
public labor exchange system that facilitates the placement of employer job orders
into clearance and referral of prospective U.S. applicants to current and future job
opportunities. This broader labor exchange system is funded through the SWA’s
separate Employment Service grant. The costs associated with posting job orders
connected to H-2B applications may also be charged to the FLC grant.
The SWA’s labor exchange system, which is referred to as [insert Labor Exchange
System name here], is accessible to employers required to place a job order in
connection with a concurrently filed H-2B Application for Temporary Employment
Certification with DOL, pursuant to 20 CFR 655.16 and all applicable laws and
regulations. The information collected on the job order from employers who seek
temporary labor certification to employ H-2B workers is substantially similar to the
information collected from all other employers using the SWA labor exchange
system. The SWA has capability for employers to place job orders for review in the
following manner:
Please check all that apply:
☐ Self-services by accessing the SWA’s labor exchange system:
[Insert state labor exchange system website link here]
☐ Staff-assisted job order services by submitting a draft job order at:
[Insert SWA contact information including email address
where employers can submit H-2B job orders]
Please check one of the following:
☐ The SWA’s job order form and/or system DOES contain an entry field or
option permitting employers to identify that the job order is being placed
in connection with a concurrently submitted Application for Temporary
Employment Certification for H-2B workers;
OR
☐ The SWA’s job order form and/or system DOES NOT contain an entry
field or option permitting employers to identify that the job order is
being placed in connection with a concurrently submitted Application for
Temporary Employment Certification for H-2B workers. Therefore,
employers can provide the notification required by regulation at 20 CFR
655.16(a)(1) to the SWA in the following manner:
[Insert a brief description of how and to whom employers
can provide the state agency with the required notification]
Please check all that apply:
☐ The SWA has submitted with this grant plan a current electronic copy of
the form and general instructions employers are required to use to submit
job orders.
☐ The standard job order form and general instructions are easily accessible
to employers on a website maintained by the SWA at:
[Insert state agency website link here]
3. Processing of Clearance Orders Attached to H-2B Applications: Upon receipt,
the SWA will review the job order submitted by the employer for compliance with
the regulatory criteria under 20 CFR 655.18, 1 as well as any state-specific
requirements. In circumstances where a waiver of the required time period for filing
an Application for Temporary Labor Certification is granted under 20 CFR 655.17,
the DOL Certifying Officer (CO) will forward the Notice of Acceptance (NOA) and
the approved job order to the SWA.
a. Compliance Review of Job Orders
• Using an authorized SWA FLAG System account, the SWA will notify
the DOL CO of any deficiencies within six business days of the date the
employer’s job order was received;
• For each deficiency identified, the SWA will state the reason(s) why the
job order fails to meet the criteria under 20 CFR 655.18;
• For each deficiency identified related to a state-specific requirement, the
SWA will provide the applicable statutory or regulatory citation(s) and
state the modification(s) needed for the DOL CO to issue a NOA; and
• In circumstances where a timely review of the job order by the SWA
cannot be performed, the state agency understands that the DOL CO has
the authority to issue a Notice of Deficiency (20 CFR 655.31) or a Notice
of Acceptance (20 CFR 655.33) within seven business days of receipt.
b. Processing of Approved Job Orders
• Upon receipt of a NOA under 20 CFR 655.33, the SWA will perform the
following actions when instructed by the DOL CO:
– Promptly make, on behalf of the employer, any necessary modifications
to the job order under 20 CFR 655.32 or amendments granted by the
DOL CO under 20 CFR 655.35 and uploads the modified documents
through the SWA FLAG System account;
– Promptly place on its active file the job order approved by the DOL
1
The Further Consolidated Appropriations Act, 2024 prohibits DOL from using FY 202X appropriations to enforce the
definition of corresponding employment found in 20 CFR 655.5 or the three -fourths guarantee rule definition found in 20
CFR 655.20, or any reference thereto (P.L. 118.47, Div. H, Tit. I, Sec. 111). To comply with this limitation, the state
agency will not use any funds provided under this grant to implement these provisions in any manner. The state agency
understands that the appropriation riders did not vacate these regulatory provisions, and they re main in effect, thus
imposing a legal duty on H-2B employers, even though the DOL is currently prohibited from using funds to enforce them.
CO, as well as job orders received from other SWAs pursuant to 20
CFR 655.16(c), for intrastate clearance until the end of the recruitment
period, as specified by the DOL CO (i.e., 21 days before the start date
of need set forth in 20 CFR 655.40(c));
– Where the employer’s job order references an area of intended
employment that falls within the jurisdiction of more than one SWA,
the originating SWA will promptly notify the NPC that a copy of the
approved job order must be forwarded to the other SWAs serving the
area of intended employment;
– Based on the SWA’s determination that the employer’s job
opportunity covers an occupation or industry that is traditionally or
customarily unionized, promptly transmit a copy of the approved job
order to the central office of the State Federation of Labor and any
local union office(s) representing employees in the same or
substantially equivalent job classification in the area(s) in which work
will be performed under the approved job order; and
– To the extent practicable, the SWA agrees to maintain an up-to-date
listing of contacts associated with the central office of the State
Federation of Labor and office(s) of local union(s) representing
employees in occupations traditionally or customarily unionized.
c. Referral of Qualified and Available U.S. Workers
• The SWA’s public labor exchange services have the capability, whether
by self-service or staff-assisted services, to apprise prospective U.S.
workers of all the material terms and conditions of the employer’s job
opportunity prior to referral, as required by 20 CFR 655.47;
• The SWA will use its public labor exchange services (i.e., self -service job
bank system and/or one-stop career centers) to refer to the employer all
qualified U.S. workers who apply for the job opportunity or on whose
behalf a job application is made. Please note that these activities will be
covered by existing Wagner-Peyser formula grants and not by the foreign
labor certification grants that are the subject of this TEGL;
• Upon request by the DOL CO, the SWA will make available records of
U.S. workers referred through an approved job order to assist the DOL
CO in making a final determination on the employer’s Application for
Temporary Employment Certification, as specified in 20 CFR 655.50,
using the SWA FLAG System account; and
• For complaints against an employer about a specific H-2B job order, the
SWA agrees to utilize the existing Employment Service and
Employment-Related Law Complaint System described at 20 CFR 658,
Subpart E. Please note that these activities will be covered by existing
Wagner-Peyser formula grants and not by the foreign labor certification
grants that are the subject of this TEGL.
Complainants may submit a complaint through the Employment Service
and Employment-Related Law Complaint System using one or more of
the following methods:
Website: [Insert the website URL where a complaint can be filed online, if
applicable]
Email: [Insert the email address for the SWA-level complaint system
representative]
Mailing Address: [Insert the mailing address for the SWA-level complaint
system representative]
Telephone Number for the SWA Complaint System Representative: [Insert
the phone number for the SWA-level complaint system
representative]
American Job Centers (AJCs): [Insert a website URL where complainants can
access a directory of AJCs]
Other Method(s): [Insert a brief description of any other methods through
which complainants may submit complaints for review and
processing by the SWA, if applicable]
4. Post-Determination Services: The SWA agrees to provide support services to the
DOL CO after a final determination is issued under 20 CFR 655.50 in the following
manner:
• In accordance with 20 CFR 655.57 and upon request by the DOL CO, the SWA
agrees to promptly provide information concerning the availability of U.S.
workers to replace some or all the qualified U.S. workers who were initially
deemed available in support of a partial certification or denial determination on
the employer’s Application for Temporary Employment Certification using the
SWA FLAG System account;
• For complaints involving allegation of fraud or misrepresentation, the SWA
agrees to refer all such complaints to the DOL CO at [email protected]
for appropriate handling and resolution, in addition to other appropriate
enforcement agencies and organizations, as required by 20 CFR 658.411 ;
• In accordance with 29 CFR 503.7, the SWA agrees to refer to the appropriate
office of the Wage Hour Division any complaint or report of a violation received
by any person of the obligations imposed by 8 U.S.C. 1184(c), INA section
214(c), 20 CFR part 655, Subpart A, or 29 CFR part 503 covering the geographic
area in which the reported violation is alleged to have occurred, and provide a
copy of such referral to the DOL CO at [email protected], in
addition to other appropriate enforcement agencies and organizations, as required
by 20 CFR 658.411; and
• The SWA agrees to cooperate and make available all appropriate records and
information upon request from any employee or agent of the DOL who is
exercising or attempting to exercise the Department’s authority pursuant to 8
U.S.C. 1184(c), including investigations as described in 29 CFR 503.25.
• To the extent resources are available, the SWA agrees that staff funded through
the FLC grant will conduct and/or cooperate with and assist Wagner-Peyser
Employment Service grant activities that support employer compliance with
approved H-2B job orders and certified H-2B applications for temporary labor
certification under 20 CFR 655. This means that FLC grant funds may be used to
support SWA processing of Complaints and Apparent Violations through the
Employment Service and Employment-Related Law Complaint System described
at 20 CFR 658 Subpart E. All activities funded through the FLC grant for such
Employment Service activities will be fully documented, as required by 20 CFR
655 and 20 CFR 658 Subpart E, and all related records and findings will be
available to the DOL CO for other appropriate action under 20 CFR 655, Subpart
A. The SWA may also provide any findings or related records to the Wage and
Hour Division, Occupational Safety and Health Administration, or any other
appropriate government enforcement agencies.
C. H-2A Temporary Agricultural Program Activities
Section 218(a)(1) of the INA, 8 U.S.C. 1188(a)(1), authorizes the Secretary of Homeland
Security to permit employers to employ foreign workers to perform agricultural labor or
services of a temporary or seasonal nature where the DOL certifies that there are not
sufficient qualified U.S. workers available to fill the petitioning employer’s job opportunity
and a foreign worker’s employment in the job opportunity will not adversely affect the
wages or working conditions of workers in the United States similarly employed.
In accordance with DOL regulations at 20 CFR 655 Subpart B, the SWA agrees to carry out
all state activities to support DOL’s review and processing of job orders and applications
seeking temporary labor certification under the H-2A program. The SWA will use the
FLAG System to submit clearance orders to OFLC. Specifically, the SWA agrees to carry
out the following activities:
1. Stakeholder Education and Outreach: As part of its comprehensive education and
outreach plan, the SWA will make available in a conspicuous location on the state
agency website the following:
• Information on how employers may attach H-2A applications to Agricultural
Clearance Orders through the Agricultural Recruitment System for U.S. workers,
such as easy-to-understand instructions on how to prepare and submit the Form
ETA-790 Agricultural and Food Processing Clearance Order, request a pre-
occupancy inspection of housing for farmworkers (if applicable), and the current
contact information for employers to request technical assistance from the state
agency.
• Worker rights information created by the SWA or as provided below:
o Employee Rights Under the H-2A Program (PDF);
▪ Employee Rights Under the H-2A Program – Spanish Version
(PDF)
o H-2A Worker Rights Card - English Version (PDF);
▪ H-2A Worker Rights Card - Spanish Version (PDF);
o Farm Worker Rights Flyer – English and Spanish Version (PDF);
• Materials educating employers about the responsibilities associated with the use
of foreign labor recruiters and ban on prohibited fees.
No less frequently than once a year, the SWA will electronically disseminate to
employers who routinely use the H-2A program helpful tips or best practices on
preparing high quality job orders and, if applicable, information on any relevant
state-specific requirements (e.g., current prevailing practices or normal and accepted
requirements) and local employment-related laws, including health and safety laws
impacting the material terms or conditions of employer job orders.
In addition, the SWA will make effort to:
• Remind and educate employers about Title VII of the Civil Rights Act of 1964,
which makes it illegal to discriminate against someone or harass someone on the
basis of race, color, religion, national origin or sex, and makes employers
accountable for providing a work environment that is free from harassment an d
other kinds of discrimination.
• Where requested and funds permitting, the SWA will participate in local or state
employer roundtables, conferences or other stakeholder forums to present and/or
disseminate information related to the H-2A program.
2. Placement of Clearance Orders Attached to H-2A Applications: In accordance
with the Wagner-Peyser Act (29 U.S.C. 49 et seq.), the SWA already administers a
public labor exchange system that facilitates the placement of employer job orders
into clearance and referral of prospective U.S. applicants to current and future job
opportunities. This broader labor exchange system is funded through the SWA’s
separate Employment Service grant. The costs associated with posting job orders
connected to H-2A applications may also be charged to the FLC grant.
The SWA fully utilizes the Department’s FLAG System to process the Agriculture
Clearance Order (Form ETA-790/790A) filed by employers in connection with a
future filed H-2A Application for Temporary Employment Certification (Form ETA-
9142A) with DOL, pursuant to 20 CFR 655.121.
3. Processing of Clearance Orders Attached to H-2A Applications: Upon receipt of
the clearance order request, the SWA will review the ETA Form 790 and 790A
submitted by the employer for completeness, obvious errors or inaccuracies, and
compliance with the regulatory criteria under 20 CFR 655.122 and 20 CFR 653,
subpart F.
In circumstances where a waiver of the required time period for filing an H-2A application is
granted under 20 CFR 655.134 for emergency situations, the SWA will review the proposed
or draft clearance order, upon request by the DOL CO and ma de available using the SWA
FLAG System account.
a. Compliance Review of Clearance Orders
– The SWA will notify the employer of any deficiencies within seven
calendar days of the date the employer’s job order was received;
– In circumstances where deficiencies are identified, the SWA will
promptly record the decision using the SWA FLAG System account and
provide written notification to the employer stating the reason(s) why the
job order fails to meet the regulatory criteria and offering an opportunity
to respond to the deficiencies within five calendar days after receipt of
the state agency’s written notification, and make a copy of this
notification available for the DOL CO’s review using the SWA FLAG
System account;
– The SWA agrees to respond within three calendar days after receipt of the
employer’s response, and make a copy of this response available for the
DOL CO’s review using the SWA FLAG System account; and
– In circumstances where a timely review of the job order cannot be
performed, the SWA understands that the employer is permitted to use
the emergency filing procedures for filing an H-2A application set forth
in 20 CFR 655.134.
b. Processing of Approved Clearance Orders
– Upon determining the clearance order meets the regulatory criteria,
whether by the SWA or the DOL CO in the NOA under 20 CFR 655.143,
the SWA will promptly record the decision on the job order using the
SWA FLAG System account.
– In accordance with 20 CFR 653.501(a), the SWA, based on its
knowledge and experience with the local labor market, may either (1)
place the approved job order with the nearest local ES office serving the
area of intended employment to initially determine whether qualified
local workers are available for the job opportunity, or (2) make a
determination anticipating a shortage of qualified local workers for the
job opportunity and place the approved job order for intrastate clearance
per 20 CFR 655.121(b)(2), and commence recruitment of U.S. workers;
– The SWA agrees to keep the approved clearance order on its active file
until the end of the recruitment period (i.e., 50 percent of the period of
employment), as set forth in 20 CFR 655.135(d);
– Where the approved clearance order includes worksites in an area of
intended employment that fall within the jurisdiction of more than one
SWA, the order-holding SWA agrees to forward a copy of the approved
clearance order to other SWAs serving the area of intended employment
with instructions to place a copy of the approved clearance order on its
active file until the end of the recruitment period; and
– Upon receipt of a NOA under 20 CFR 655.143, the SWA will perform
the following actions when instructed by the DOL CO:
In circumstances where the clearance order remains on the active
file of the local ES office serving the area of intended
employment, promptly place the approved clearance order into
intrastate clearance.
In the case of emergency situations, promptly place on its active
file the clearance order approved by the DOL CO, as well as
clearance orders received from other SWAs, for clearance per 20
CFR 655.121(b)(2) until the end of the recruitment period, as set
forth in 20 CFR 655.135(d).
Where the employer’s job order references an area of intended
employment that falls within the jurisdiction of more than one
SWA, the originating SWA will promptly notify the NPC that a
copy of the approved job order must be forwarded to the other
SWAs serving the area of intended employment.
Provide written notice of the job opportunity to organizations that
provide employment and training services to workers likely to
apply for the job and/or to place written notice of the job
opportunity in other physical locations where such workers are
likely to gather per 20 CFR 655.143(b)(6).
c. Referral of Qualified and Available U.S. Workers
– The SWA will use its public labor exchange services to refer to the employer
all qualified U.S. workers who apply for the job opportunity or on whose
behalf a job application is made until 50 percent of the contract period
calculated from the first date indicated in Section A.3 of Form ETA-790A.
This announcement should apprise prospective U.S. workers of all the
material terms and conditions of the employer’s job opportunity prior to
referral, as required by 20 CFR 655.155. Please note that these activities are
covered by existing Wagner-Peyser formula grants and not by the foreign
labor certification grants that are the subject of this TEGL; and
– Using the SWA FLAG System account, the SWA will make available
records of U.S. workers referred through an approved clearance order to
assist the DOL CO in making a final determination on the employer’s
Application for Temporary Employment Certification under 20 CFR
655.160.
d. Providing Written Notice of Certain Job Opportunities Placed in Connection
with H-2A Applications
– The SWA will, if directed by the DOL CO, provide written notice of a job
opportunity to organizations that provide employment and training services
to workers likely to apply for that job opportunity and/or place written notice
of that job opportunity in other physical locations where such workers are
likely to gather per 20 CFR 655.143(b)(6).
4. Conducting Prevailing Wage Surveys: This section of the grant plan identifies the
schedule of the agricultural prevailing wage surveys (including logging activities) the
SWA plans to conduct during the performance period of the grant, including
anticipated survey timeframes by area (e.g., statewide, regional), crop or agricultural
activity and if applicable, distinct work task or tasks performed in that activity,
survey means (e.g., field survey, telephone survey) and approximately when wage
results are expected to be transmitted to the OFLC National Office (via the Forms
ETA-232) for review.
• To the extent practicable, the SWA will prioritize its limited resources, including
resources provided under the existing Wagner-Peyser formula grants, on
conducting wage surveys in the major crops or other agricultural activities or
distinct work task(s) where seasonal H-2A workers are regularly employed,
particularly those agricultural activities paying workers on a piece rate basis;
• The SWA or other State agency will consider the available resources to conduct
the survey, the size of the agricultural population covered by the survey, and any
different wage structures in the crop or agricultural activity within the State in
selecting an appropriate geographic area to survey. See 20 CFR
655.120(c)(1)(vi); and
• The SWA agrees to submit all completed and signed Form ETA-232 prevailing
wage survey findings to the DOL OFLC National Office in accordance with
instructions contained in this TEGL and the regulations at 20 CFR 655.120(c).
• The SWA must provide an explanation for not scheduling any prevailing wage
surveys, or for reducing the number of wage surveys from previous year, here:
[Insert explanation]
[SWA schedule of wage surveys inserted here and, if necessary, include attachments]
Survey Survey Areas Crops/Agricultural Survey Means (e.g., Survey
Timeframes (e.g., statewide, Activities & Distinct site survey, Transmission
regional) Work Task(s), if telephone) Timeframe to
applicable OFLC
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5. Conducting Prevailing Practice and Normal/Accepted Requirements Surveys:
This section of the grant plan identifies the schedule of the agricultural prevailing
practice and normal and accepted requirement surveys (including logging activities)
the SWA plans to conduct during the performance period of the grant in accordance
with ETA Handbook No. 398, including anticipated survey timeframes by area (e.g.,
statewide, regional) and crops or other agricultural activities/commodities, and
approximately when employment practice results are expected to be transmitted to the
OFLC CNPC for review.
The SWA agrees to submit all completed prevailing practice and normal and accepted
requirement surveys promptly to the CNPC in accordance with instructions contained in this
TEGL. Resources provided under the existing Wagner-Peyser formula grants may also be
used to conduct prevailing practice and normal and accepted requirements surveys. The
SWA must provide an explanation for not scheduling any prevailing practice surveys, or for
reducing the number of surveys from previous year, here:
[Insert explanation]
[SWA schedule of employment practice surveys inserted here and, if necessary, include
attachments]
If this is the same as provided above, please indicate “Same survey schedule,”
without completing this table.
Survey Survey Areas Crops/Agricultural Survey Means Survey
Timeframes (e.g., Commodities (e.g., site Transmission
statewide, survey, Timeframe to
regional) telephone) OFLC
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6. Scheduling and Conducting Housing Inspections:
• All Housing Inspections. The SWA agrees to develop and maintain a plan to
schedule housing inspections prior to the filing of clearance orders from employers
who regularly use the H-2A program and, to the extent practicable, actively
encourage employers to have housing ready for inspection at the time of filing the
clearance order or earlier. The SWA agrees to conduct housing inspections in
accordance with applicable local, state or Federal standards and provide notification
to the employer of any deficiencies, request correction in five calendar days, and re-
inspect to determine compliance. The SWA agrees to conduct housing inspections
in accordance with Federal regulations at 20 CFR Parts 654 and 655 (ETA
standards) for housing units that were built prior to April 3rd, 1980, unless the
housing has undergone a major renovation. In this circumstance and for all housing
built on April 3 rd, 1980, or later, the Occupational Safety and Health Administration
standards set forth at 29 CFR 1910.142 (OSHA standards) must apply.
Additionally, the SWA agrees to provide a copy of the approved housing inspection
or other official certification document to the employer and, if applicable, to the
employer’s authorized representative.
• Employer-Provided Housing. In accordance with 20 CFR 655.122(d)(1)(i), the
SWA agrees to schedule and conduct pre-occupancy inspections of housing to be
furnished to H-2A workers and non-H-2A workers in corresponding employment
who are not reasonably able to return to their place of residence the same day.
Employer-provided housing must meet the full set of DOL Occupational Safety and
Health Administration standards set forth at 29 CFR 1910.142, or the full set of
standards at 20 CFR 654.404 through 654.417, whichever are applicable under 20
CFR 654.401. Special requirements for range housing are provided below.
• Rental and/or Public Accommodations.
☐ The SWA DOES NOT have jurisdiction to inspect rental and/or public
accommodation housing.
☐ The SWA DOES have jurisdiction under a state or local law/regulation to
perform an inspection of rental and/or public accommodation housing.
[Insert citation of state or local law/regulation and the criteria under which the
inspections of rental or public accommodation housing will be performed]
• Range Housing. If applicable, the SWA agrees to schedule and conduct inspections
of range housing and certify that such housing used on the range is sufficient to
accommodate the number of certified workers and meets the requirements under 20
CFR 655.230 and all applicable standards contained in 20 CFR 655.235.
• Except in circumstances where the DOL has a special procedure or as permitted
by 20 CFR 655.230, the SWA agrees to schedule and complete the required
housing inspection and submit notification (e.g., report, email) no later than 30
days before the start date of work to the CNPC regarding whether housing is
approved or not approved using the FLAG system or via email at
[email protected]; and
• The SWA agrees to promptly notify the CNPC using the FLAG system of any
changes in employer- provided housing and the results of any inspections
conducted on substitute housing.
• Alternative Housing Inspection Methods or Arrangements.
☐ The SWA DOES NOT use alternative methods or arrangements for
conducting pre-occupancy housing inspections. The SWA is solely
responsible for scheduling and conducting pre-occupancy housing
inspections.
☐ The SWA DOES use alternative methods, memoranda of
understanding, or other contractual arrangements with the following
agency(ies)/organization(s) to assist in conducting pre-occupancy
housing inspections:
[Insert name of state or local housing authority or other entity
assisting the SWA in conducting housing inspections]
☐ The SWA has submitted with this grant plan a current electronic copy of
the memorandum of understanding or other contractual arrangement
demonstrating that pre-occupancy housing inspections will be scheduled
and conducted in a manner that meets applicable regulatory standards
and timeframes.
Alternative Inspection Methods: Only in emergency situations where
physical housing inspections cannot reasonably be performed, such as during
FEMA declared emergencies due to Acts of God or other pandemic health
emergencies, the SWA may implement the below alternative methods and
procedures, on a temporary basis, to verify that housing meets all applicable
standards. The SWA will retain all documentation and records
demonstrating compliance and make such information available to DOL
upon request.
[Insert a description of the alternative methods and procedures that
may be implemented by the SWA, including examples of acceptable
documentation or evidence the SWA will rely upon to determine
compliance.]
7. Post-Determination Services: The SWA agrees to provide support services to the DOL
CO after a final determination in the following circumstances:
• To the extent resources are available, the SWA agrees that staff funded through the
FLC grant will cooperate with and assist Wagner-Peyser Employment Service grant
activities that support employer compliance with Agricultural Clearance Order
requirements at 20 CFR Parts 653 and 655. This means that FLC grant funds may be
used to support SWA processing of Complaints and Apparent Violations through the
Employment Service and Employment-Related Law Complaint System described at
20 CFR 658 Subpart E and field checks as described at 20 CFR 653 Subpart F or
other authorized inspections. All activities funded through the FLC grant for such
Employment Service activities will be fully documented, as required by 20 CFR Part
653 and 20 CFR 658 Subpart E, and all related records and findings will be available
to the State Monitor Advocate for monitoring purposes and/or to OFLC for other
appropriate action under 20 CFR 655, Subpart B. The SWA may also provide any
findings or related records to the Wage and Hour Division, Occupational Safety and
Health Administration, or any other appropriate government enforcement agencies.
• In accordance with 20 CFR 655.166 and upon request by the DOL CO, the SWA
agrees to promptly provide information concerning the availability of U.S. workers to
replace some or all the qualified U.S. workers who were initially deemed available in
support of a partial certification or denial determination on the employer’s H -2A
application;
• The SWA agrees to cooperate and make available all appropriate records and
information upon request from any Federal officials assigned to perform an
investigation, inspection, or law enforcement function pursuant to 8 U.S.C. 1188 and
the H-2A regulations as described in 29 CFR 501.7;
• For complaints and apparent violations arising under the H-2A regulations, the SWA
agrees to utilize the existing Employment Service and Employment-Related Law
Complaint System, as described in 20 CFR part 658, subpart E, and as required by 20
CFR 655.185. Please note that these activities will be covered by existing Wagner-
Peyser formula grants and not by the foreign labor certification grants that are the
subject of this TEGL;
• SWAs agree to refer complaints and apparent violations arising under the H -2A
regulations, which are not informally resolved as described at 20 CFR 658.411, to the
following recipients, in addition to other appropriate enforcement agencies (or
another public agency, a legal aid organization, or a consumer advocate organization,
as appropriate):
• For complaints and apparent violations involving allegation of fraud or
misrepresentation, the SWA agrees to refer all such complaints to the DOL
CO at [email protected] for appropriate handling and resolution;
• For complaints and apparent violations involving contracts with workers, the
SWA agrees to refer all such complaints to the nearest local or regional office
of the Wage Hour Division for appropriate handling and resolution, as
described in 29 CFR part 501, and provide a copy of such referral to the DOL
CO at [email protected]; and
• For complaints and apparent violations alleging that an employer discouraged
an eligible U.S. worker from applying, failed to hire, discharged, or otherwise
discriminated against an eligible U.S. worker, or discovered violations
involving the same, the SWA agrees to refer all such complaints to the U.S.
Department of Justice, Civil Rights Division, Immigrant and Employee Rights
section in addition to any activity, investigation, and/or enforcement action
taken by the state agency, and provide a copy of such referral to the DOL CO
at [email protected].
D. Permanent Labor Certification Program
• The SWA’s labor exchange system is accessible to employers who are required to
place a job order in connection with an Application for Permanent Employment
Certification, as set forth in 20 CFR part 656, and facilitates the referral of qualified
and available U.S. workers for consideration; and
• The SWA understands that these labor exchange services are already covered by
existing Wagner-Peyser formula grants; not by the foreign labor certification grants
that are the subject of this TEGL.
E. Grantee Contact Information
H-2A Program Point-of-Contact
Last name First name
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Job title
Click or tap here to enter text.
Address
Click or tap here to enter text.
City State Postal code
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to enter text. enter text.
Telephone number (including extension) Fax number
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E-mail address
Click or tap here to enter text.
H-2B Program Point-of-Contact (if different than the contact listed above)
Last name First name
Click or tap here to enter text. Click or tap here to enter text.
Job title
Click or tap here to enter text.
Address
Click or tap here to enter text.
City State Postal code
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to enter text. enter text.
Telephone number (including extension) Fax number
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E-mail address
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Fiscal Grant Point-of-Contact (if different than the contact listed above)
Last name First name
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Job title
Click or tap here to enter text.
Address
Click or tap here to enter text.
City State Postal code
Click or tap here to enter text. Click or Click or tap
tap here to here to enter
enter text. text.
Telephone number (including extension) Fax number
Click or tap here to enter text. Click or tap here to enter text.
E-mail address
Click or tap here to enter text.
OMB Paperwork Reduction Act (OMB Control Number 1225 -0086)
Persons are not required to respond to this collection of information unless it displays a currently valid OMB control number.
This information is being collected for purposes of awarding a grant. Your response is required to obtain or retain a benefit. (See Wagner-
Peyser Act section 9 (29 U.S.C. 49(i)). Public reporting burden for this collection of information is estimated to average approximately 4
(four) hours per response, including the time for reviewing instructions, searching existing data sources, gathering and main taining the data
needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate to the U.S.
Department of Labor-OASAM, ● Office of The Chief Information Officer ● Room N1301 ● 200 Constitution Ave., NW, ● Washington,
DC 20210.
Attachment IV
ANNUAL PLAN CERTIFICATION
(Insert Official Name of SWA—not that of an individual)
certifies that it will carry out all activities outlined in the Fiscal Year 2024 Annual Plan to support
the Secretary of Labor’s responsibilities under the Immigration and Nationality Act as well as all
other standard certifications and assurances as a condition of receiving the Federal grant funds. Per
2 CFR 200.333, file documentation of grant activities and accomplishments will be available for
examination by the Employment and Training Administration or other authorized Federal
representatives.
_______________________________
Authorized Representative’s Signature Date
_______________________________
Authorized Representative’s Job Title
_____________________________
Authorized Representative’s Printed Name
Attachment V
Instructions for Completing the Budget Narrative
For all grantees, use the following guidance below when writing the budget narrative:
IMPORTANT: If a total amount for each line item listed below is included in the narrative, please
be sure the amount in the narrative matches the corresponding line items on the SF-424A, Application
for Federal Assistance.
Personnel: List all staff positions by title (current and proposed). Provide the annual salary of each
position, percentage of each position’s time devoted to the project, the amount of each position’s
salary funded by the grant, and the total personnel cost for the program year.
Fringe Benefits: Provide a breakdown of the amounts and percentages that comprise fringe benefit
costs, such as health insurance, FICA, retirement, etc.
Travel: Specify the purpose, mileage, per diem, estimated number of in-state and out-of-state trips,
and other costs for each type of travel.
Equipment: Identify each item of equipment to be purchased which has an estimated acquisition cost
of $5000 or more per unit and a useful life of more than one year (see 2 CFR 200.1 for the definition
of equipment). List the quantity and unit cost per item. Items with a unit cost of less than $5000 are
considered supplies.
Supplies: Supplies include all tangible personal property other than “equipment” (see 2 CFR 200.1
for the definition of supplies). List the quantity and unit cost per item.
Contractual: Identify each proposed contract with specific purpose and estimated cost. If applicable,
identify any sub-recipient agreements, including specific purpose and estimated costs.
Construction: Construction costs are not allowed, so this line must be zero.
Other: List each item in sufficient detail for us to determine whether the costs are reasonable or
allowable. List any item, such as stipends or incentives, not covered elsewhere.
Indirect Charges: The following link contains specific DOL information regarding indirect charges:
https://www.dol.gov/agencies/oasam/centers-offices/office-of-the-senior-procurement-executive/cost-price-determination-division.
Organizational Chart: Grantees must provide an organizational chart indicating all individuals who
are conducting FLC activities. This chart must show reporting hierarchy, and list the names and
position/title of each individual involved with FLC activities.
Additional Unforeseen Charges: Grantees must obtain prior written approval before using Federal
funds under this grant of certain items of cost not specifically listed in this TEGL. Prior approval
must be obtained in order to ensure that costs are allowab le as direct charges. This guidance is
specific to the following three (3) common categories of direct costs for which Grantees are required
to obtain prior written approval from OFLC.
1. Equipment expenditures (with a per unit cost of $5,000 or more);
2. Grantee Support Costs (such as stipends or subsistence allowances, travel
expenditures, legal fees, interpreter fees, etc. (with a cost of $5,000 or more); and
3. Revision of cost items within established grant plans that exceeds 10% of the total of
the total amount of the grant.
All prior approval requests should be submitted to your assigned FPO via email. In response, the
FPO will provide written confirmation that will approve, deny, or require additional information
based on the completeness of the request and the reasonableness and necessity of the underlying
expenditure(s) for program purposes.
Attachment VI
Commonwealth of the Northern Mariana Islands (CNMI) CW-1 Program Fiscal Year
(FY) 2024 Office of Foreign Labor Certification (OFLC) Grant Planning
Guidance CW-1 Temporary Employment Activities
Title VII of the Consolidated Natural Resources Act of 2008 provided the Secretary of the
Department of Homeland Security (DHS) authority to administer and enforce a system of
allocating and determining the terms and conditions of visas to be issued to nonimmigrant workers
performing services or labor for an employer in the Commonwealth of the Northern Mariana
Islands (CNMI or Commonwealth). DHS regulations established the Commonwealth -Only
Transitional Worker (CW-1) visa classification to provide for an orderly transition from the CNMI
permit system to the U.S. Federal immigration system for certain foreign nationals.
The Northern Mariana Islands U.S. Workforce Act of 2018 (Workforce Act) was passed to
increase the percentage of U.S. workers in the total workforce of the Commonwealth while
maintaining the minimum number of non-U.S. workers to meet the changing demands of the
Commonwealth’s economy, to encourage the hiring of U.S. workers, and to ensure U.S. workers
are not at a disadvantage for employment or displaced by non-U.S. workers. In accordance with
the Workforce Act, DHS promulgated corresponding regulations to provide that a CW-1 petition
for temporary employment in the CNMI must be accompanied by an approved temporary labor
certification from the Department. A temporary labor certification granted by DOL serves as
confirmation to DHS that: (1) there are not sufficient U.S. workers in the CNMI who are able,
willing, qualified, and available to fill the petitioning CW-1 employer’s job opportunity; and (2) a
foreign worker’s employment in the job opportunity will not adversely affect the wages or working
conditions of similarly employed U.S. workers.
The CNMI Department of Labor is the government agency responsible for providing employment
and training services and maintains an electronic system for registered and approved employers to
post job vacancy announcements and receive referrals of qualified U .S. workers in the CNMI.
Registration for employers to post vacancy announcements on the job listing system is a one -time,
free process, and readily accessible through the CNMI Department of Labor’s website.
In accordance with regulations at 20 CFR part 655, subpart E, the CNMI Department of Labor
agrees to carry out all activities to support DOL’s review, and processing of job offers and
applications seeking temporary labor certification under the CW-1 program.
Specifically, the CNMI Department of Labor agrees to carry out the following activities:
A. Stakeholder Education and Outreach: As part of a comprehensive education and outreach
plan, the SWA will make available in a conspicuous location on the CNMI Department of
Labor website the following information:
• Worker rights information created by the CNMI Department of Labor, the Occupational
Safety and Health Administration, Wage and Hour Division, or similar federal authority ;
and
• Information on how employers can participate in the CW-1 program, such as easy-to-
understand instructions on how to prepare and place a job advertisement with the CNMI
Department of Labor that is accessible and can be completed electronically; and current
contact information within the CNMI Department of Labor for employers to request
technical assistance.
• Educate employers about the responsibilities associated with the use of foreign labor
recruiters and ban on prohibited fees.
No less frequently than once a year, the CNMI Department of Labor will electronically
disseminate to employers who routinely use the CW-1 program helpful tips or best practices on
obtaining a prevailing wage determination from the National Prevailing Wage Center and
preparing high-quality job advertisements. Where requested and funds permitting, the CNMI
Department of Labor will participate in local employer roundtables, conferences or other
stakeholder forums to present and/or disseminate information rela ted to the CW-1 program.
In addition, the SWA will also make effort to:
• Remind and educate employers about Title VII of the Civil Rights Act of 1964, which
makes it illegal to discriminate against someone or harass someone on the basis of race,
color, religion, national origin or sex, and makes employers accountable for providing a
work environment that is free from harassment and other kinds of discrimination; and
• Information educating employers about the responsibilities associated with the use of
foreign labor recruiters and ban on prohibited fees.
B. Placement of CW-1 Job Advertisement: employer must place an advertisement with the
CNMI Department of Labor for a period of 21 consecutive calendar days. All advertisements
must satisfy the requirements codified in 20 CFR 655.441.
The CNMI Department of Labor’s labor exchange system, at https://labor.cnmi.gov/ is
accessible to employers required to place a job advertisement in connection with a CW-1
Application for Temporary Employment Certification with DOL, pursuant to 20 CFR 655.442.
The CNMI Department of Labor has capability for employers to place job advertisements for
review in the following manner:
Please check all that apply:
☐ Self-services by accessing the CNMI Department of Labor’s labor exchange
system: https://labor.cnmi.gov/.
☐ Staff-assisted job offer services by submitting draft job offers at:
[Insert CNMI contact information including email address where
employers can submit CW-1 job offer]
Please check one of the following:
☐ The CNMI Department of Labor’s job offer form and/or system DOES contain
an entry field or option permitting employers to identify that the job offer is
being placed in connection with a submitted Application for Temporary
Employment Certification for CW-1 workers;
OR
☐ The CNMI Department of Labor’s job offer form and/or system DOES NOT
contain an entry field or option permitting employers to identify that the job offer
is being placed in connection with a submitted Application for Temporary
Employment Certification for CW-1 workers. Therefore, employers can provide
the regulatory required notification to the CNMI Department of Labor in the
following manner:
[Insert a brief description of how and whom employers can provide
the CNMI Department of Labor with the required notification.]
Please check all that apply:
☐ The CNMI Department of Labor has submitted with this grant plan a current
electronic copy of the form and general instructions employers are required to use
to submit job advertisements.
☐ The standard job advertisement form and general instructions are easily accessible
to employers on a website maintained by the CNMI Department of Labor at: :
https://labor.cnmi.gov/.
Once employers place an advertisement with the CNMI Department of Labor for 21 consecutive
calendar days, the CNMI Department of Labor will make available to the employer web pages in
which the advertisement appeared on the CNMI Department of Labor job listing system, or other
verifiable evidence containing the text of the advertisement and the dates of publication
demonstrating compliance with the requirement.
OMB Paperwork Reduction Act (OMB Control Number 1225 -0086)
Persons are not required to respond to this collection of information unless it displays a currently valid OMB control number.
This information is being collected for purposes of awarding a grant. Your response is required to obtain or retain a benefit. See 20 CFR 655, Subpart
E. Public reporting burden for this collection of information is estimated to average approximately 1 (one) hour per response, including the time for
reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of
information. Send comments regarding this burden estimate to the U.S. Department of Labor-OASAM, ● Office of The Chief Information Officer ●
Room N1301 ● 200 Constitution Ave., NW, ● Washington, DC 20210.
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