Foreign labor certification grants for December 2007 CR

Accessible letter PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2007/TEGL14-07acc.pdf

CLASSIFICATION
                                                         Foreign Labor Certification
  EMPLOYMENT AND TRAINING ADMINISTRATION
             ADVISORY SYSTEM                             CORRESPONDENCE SYMBOL
        U.S. DEPARTMENT OF LABOR
                                                         OFLC
           Washington, D.C. 20210
                                                         ISSUE DATE
                                                          December 18, 2007

ADVISORY:      FOREIGN LABOR CERTIFICATION
               TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 14-07

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 21, 2007

1. Purpose. To advise State Workforce Agencies (SWAs) of their Alien Labor
   Certification (ALC) grant allocations under the FY 2008 Continuing Resolution (CR) in
   effect December 15, 2007, through December 21, 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 21, 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 SWAs on the 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 CR to fund Government operations at the FY 2007 rate from
   December 15 through December 21, 2007. Two previous CRs, combined, funded
   programs from October 1 through December 14, 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 longstanding 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/TEGL14-07a1.pdf

FY 2008 Foreign Labor Certification Grant Allocations
Under Continuining Budget Resolution in Effect December 15 - December 21, 2007


          State Workforce Agency            FY 2008 -- 3rd CR Distribution
Alabama                                                                   1,181
Alaska                                                                    1,080
Arizona                                                                   4,044
Arkansas                                                                  1,248
California                                                               36,871
Colorado                                                                  3,515
Connecticut                                                               3,938
Delaware                                                                  1,498
Florida                                                                   8,893
Georgia                                                                   8,273
Guam                                                                      1,012
Hawaii                                                                    1,012
Idaho                                                                     3,215
Illinois                                                                  6,422
Indiana                                                                   1,080
Iowa                                                                      1,214
Kansas                                                                    1,817
Kentucky                                                                  4,971
Louisiana                                                                 2,468
Maine                                                                     4,420
Maryland                                                                  7,716
Massachusetts                                                            11,702
Michigan                                                                  4,485
Minnesota                                                                 1,529
Mississippi                                                               1,417
Missouri                                                                  1,887
Montana                                                                   1,147
Nebraska                                                                  1,591
Nevada                                                                    1,220
New Hampshire                                                             1,322
New Jersey                                                                9,151
New Mexico                                                                1,248
New York                                                                 20,831
North Carolina                                                            3,076
North Dakota                                                              1,381
Ohio                                                                      3,098
Oklahoma                                                                  1,181
Oregon                                                                    1,313
Pennsylvania                                                              8,517
Puerto Rico                                                               1,012
Rhode Island                                                              1,080
South Carolina                                                            1,360
South Dakota                                                              1,214
Tennessee                                                                 2,532
Texas                                                                    14,294
Utah                                                                      1,499
Vermont                                                                   1,543
Virgin Islands                                                            1,012
Virginia                                                                 12,863
Washington                                                                3,168
Washington DC                                                             1,782
West Virginia                                                             1,113
Wisconsin                                                                 1,937
Wyoming                                                                   1,113
Total                                                                   229,508