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FY 2020 foreign labor certification state grant plans
Summary ETA gave state workforce agencies FY 2020 grant planning guidance and allocations for foreign labor certification work, including job orders, agricultural housing inspections, and wage surveys. It described the annual plan and application package and gave the funding levels in separate attachments. ETA now labels this advisory Canceled.
Document
Federal guidance
Agency
U.S. Department of Labor, Employment and Training Administration (ETA)
Document number
TEGL No. 14-19
Date issued
April 13, 2020
Status
Withdrawn
ETA marks this listing entry Canceled as of October 24, 2026. The letter prints an expiration date of Continuing and does not identify a cancellation instrument.
Status last verified October 24, 2026
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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.
Official attachments: Attachment 1, Attachment 2, Attachment 3, Attachment 4, Attachment 5, Attachment 6, Attachment 7.
CLASSIFICATION
EMPLOYMENT AND TRAINING ADMINISTRATION Foreign Labor Certification
ADVISORY SYSTEM CORRESPONDENCE SYMBOL
U.S. DEPARTMENT OF LABOR OFLC
Washington, D.C. 20210 DATE
April 13, 2020
ADVISORY: TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 14-19
TO: STATE WORKFORCE AGENCY ADMINISTRATORS
FROM: JOHN PALLASCH /s/
Assistant Secretary
SUBJECT: Fiscal Year (FY) 2020 Foreign Labor Certification Grant Planning Guidance
1. Purpose. To provide guidance to State Workforce Agencies (SWAs) regarding FY 2020
annual grant allocations for foreign labor certification activities.
2. Action Requested. SWA Administrators are requested to immediately provide copies of this
guidance to all staff involved in the preparation and submission of the annual grant plan for
foreign labor certification activities for FY 2020. By May 20, 2020, SWAs must submit
their grant applications to the Employment and Training Administration (ETA), Department
of Labor, unless they are in receipt of an approved written extension from the ETA Office of
Foreign Labor Certification (OFLC). ETA requests that SWA Administrators receiving this
guidance share this information within their respective organizations in order to ensure that
fiscal and programmatic staff are fully aware of the required FY 2020 foreign labor
certification grant application processes and timelines contained in this Training and
Employment Guidance Letter (TEGL).
3. Summary and Background.
a. This TEGL provides programmatic guidance and financial information to SWA
Administrators to support state foreign labor certification activities for FY 2020.
b. The mission of ETA’s 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 any 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 the OFLC. Accordingly, statutory and regulatory provisions of the labor
certification programs administered by OFLC require many employers seeking to
hire either permanent or temporary foreign labor to apply to the Secretary for a labor
RESCISSIONS: EXPIRATION DATE:
None Continuing
certification. Congress appropriates funding for state foreign labor certification
activities through the State Unemployment Insurance and Employment Service
Operations (SUIESO) account.
Based on the Further Consolidated Appropriations Act, 2020, ETA is appropriated
$14,282,000 for these state grants in FY 2020, the same level that was appropriated
for these grants under the FY 2019 appropriations act. These state grants fund
services provided by SWAs in support of the foreign labor certification program,
including the placement and review of employer job orders, inspection of housing
for agricultural workers, and the administration of prevailing wage and practice
surveys. OFLC distributes this grant funding annually in accordance with approved
state plans.
4. Content. Please see Attachment II for guidance.
5. Inquiries. SWA staff should direct all questions to the OFLC National Office at
[email protected].
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;
Guide for Employment Service Reimbursable Grant Activities;
ETA H-2A Program Handbook No. 398, January 1988;
Training and Employment Guidance Letter (TEGL) No. 04-06, Plans to Phase out
Penalty Mail Costs for “Employment Security” Programs and Availability of
Supplemental Budget Funds for Conversion to Commercial Mail Methods; and
Further Consolidated Appropriations Act, 2020 (P.L. 116-94); and
Department of Defense and Labor, Health and Human Services, and Education
Appropriations Act, 2019 and Continuing Appropriations Act, 2019 (P.L. 115-245).
7. Attachment(s).
Attachment I. Table of Contents
Attachment II. Program Planning Guidance and Information Package
Attachment III. Fiscal Year (FY) 2020 Annual Plan
Attachment IV. Annual Plan Certification
Attachment V. Procedures for Prior Approval of Equipment Purchase Requests
Attachment VI. FY 2020 Actual Funding Levels
Attachment VII. Amendment A: Commonwealth of the Northern Mariana Islands (CNMI)
CW-1 Fiscal Year (FY) 2020 Grant Planning Guidance
Attachment I
Table of Contents
Attachment II - Program Planning Guidance and Information Package
A. Introduction, p. II-1
B. Grant Procedures, Requirements, and Timeline p. II-1
1. Grant Application p. II-1
2. Grant Submission p. II-2
3. Grant Approval p. II-3
4. Use of FY 2020 Funds p. II-3
5. Grant Signatures p. II-3
6. Grant Modifications p. II-3
C. Grant Reporting Procedures p. II-5
1. Financial Status Report p. II-5
2. Program Activity Report p. II-6
3. Agricultural Prevailing Wage Survey Reports p. II-7
4. Agricultural Employment Practice Survey Reports p. II-8
5. Referrals to Department of Justice, Immigrant and Employee Rights (IER) p. II-8
Attachment III - Fiscal Year (FY) 2020 Annual Plan
A. Foreign Labor Certification Workload p. III-1
B. H-2B Temporary Nonagricultural Program Activities p. III-2
1. Stakeholder Education and Outreach p. III-2
2. Placement of H-2B Job Orders p. III-2
3. Processing of H-2B Job Orders p. III-4
a. Compliance Review of Job Orders p. III-4
b. Processing of Approved Job Orders p. III-4
c. Referral of Qualified and Available U.S. Workers p. III-5
4. Post-Determination Services p. III-6
C. H-2A Temporary Agricultural Program Activities p. III-6
1. Stakeholder Education and Outreach p. III-7
2. Placement of H-2A Job Orders p. III-7
3. Processing of H-2A Job Orders p. III-7
a. Compliance Review of Job Orders p. III-8
b. Processing of Approved Job Orders p. III-8
c. Referral of Qualified and Available U.S. Workers p. III-9
d. Providing Written Notice of Certain H-2A Job Opportunities p. III-10
4. Conducting Prevailing Wage Surveys p. III-10
5. Conducting Prevailing Practice and Normal/Accepted Requirements Surveys
p. III- 11
6. Scheduling and Conducting Housing Inspections p. III-13
7. Post-Determination Services p. III-14
D. Permanent Labor Certification Program p. III-15
E. Grantee Contact Information p. III-16
Attachment IV - Annual Plan Certification
Attachment V - Procedures for Prior Approval of Equipment Purchase Requests
Attachment VI - FY 2020 Actual Funding Levels
Attachment VII Amendment A: Commonwealth of the Northern Mariana Islands (CNMI)
CW-1 Fiscal Year (FY) 2020 OFLC Grant Planning Guidance
Attachment II
Program Planning Guidance and Information Package
A. Introduction
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 any adverse impact on the wages
and working conditions of similar-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 the OFLC. Accordingly,
statutory and regulatory provisions of the labor certification programs administered by OFLC require
nearly all employers seeking to hire either permanent or temporary foreign labor to apply to the
Secretary for a labor certification.
Congress appropriates funding for state foreign labor certification activities through the State
Unemployment Insurance and Employment Service Operations (SUIESO) account. These state
grants fund services are provided by State Workforce Agencies (SWAs) in support of the foreign
labor certification program, including the placement and review of employer job orders, inspection of
housing for agricultural workers, and the administration of prevailing wage and practice surveys. The
OFLC distributes this grant funding annually in accordance with approved state plans. This Training
and Employment Guidance Letter (TEGL) provides programmatic guidance and financial information
to SWAs to support state foreign labor certification activities in FY 2020.
This TEGL provides SWAs with the necessary guidelines for updating their annual plans and
requesting funds in order to carry out their foreign labor certification program responsibilities. The
annual plan must show activity to be performed between October 1, 2019 and September 30,
2020. While the Department expects states to spend the entirety of their allocated funds
within the fiscal year, the Department understands that unforeseen circumstances may affect
fund expenditure and will allow states up to two years to expend all funds.
B. Grant Procedures, Requirements, and Timeline
In an effort to achieve greater efficiency and as part of ETA’s on-going efforts to streamline the
grant award process, grantees are required to submit the application through www.grants.gov.
1. Grant Application. The SWA grant application must be developed in accordance with the
instructions contained in this TEGL. The grant application package must be submitted via the
www.grants.gov portal and should consist of the following documents:
• Fiscal Year Annual Plan, Expiration Date 07/31/2022, Office of Management and Budget
(OMB) Control No. 1225-0086.
• SF-424: Application for Federal Assistance, Expiration date 2/28/2022, OMB Control No.
4040-0004.
• SF-424A: Budget Information, Non-Construction Programs, Expiration Date 02/28/2022, OMB
Control No. 4040-0006.
• Justification and supporting documentation for any proposed equipment purchases of $5,000
or more. Prior approval of any equipment purchases exceeding $5,000 and the contracting
out of any work must be obtained per 2 CFR 200.439 and 2 CFR 200.308(c)(1)(vi). Please
see the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards at 2 CFR part 200 and the Department of Labor (DOL) exceptions to these
requirements at 2 CFR part 2900 for additional information about prior approval
requirements.
• Indirect Cost Rate Agreement (if applicable): SWAs requesting indirect costs must submit a
current copy of the Negotiated Indirect Cost Rate Agreement (NICRA) or Cost Allocation
Plan (CAP) supplied by the Federal Cognizant Agency on file as part of this application.
Note: For any grantee that chooses to include estimated indirect costs in its budget and that
either does not have a NICRA/CAP or has a pending NICRA/CAP, the Grant Officer will
release funds in the amount of ten percent of salaries and wages to support indirect costs at
the time of the award. Within 90 days of award, the grantee must submit an approved
NICRA or CAP to the Grant Officer for modification of the award to allow indirect costs as
indicated in the NICRA or CAP.
Important Reminders:
• An electronically submitted SF-424, Application for Federal Assistance through
www.grants.gov constitutes the official signed document and must reflect the total amount
requested in item #18, Estimated Funding. Item #11 must include the Catalog of Federal
Domestic Assistance Number (CFDA), 17.273. The application/budget must be based on the
projected state/territory needs for FY 2020.
• Full-year funding levels will not be confirmed until the annual plans have been reviewed
and full funding for the year is authorized by appropriations legislation. Please use
Attachment VI of this TEGL for actual funding levels based on the Further Consolidated
Appropriations Act, 2020.
• FY 2020 Annual Plan Table of Contents:
• Foreign Labor Certification Workload (Attachment III, Section A)
• H-2B Program Activities (Attachment III, Section B)
• H-2A Program Activities (Attachment III, Section C)
• Permanent Labor Certification Program (Attachment III, Section D)
• Grantee Contact Information (Attachment III, Section E)
• Annual Plan Certification (Attachment IV)
2. Grant Submission. A completed grant application package must be submitted by the SWA to
ETA using the www.grants.gov portal within 30 calendar days following the date of issuance
of the planning guidance. The SF-424 should be electronically signed and the completed
package should be submitted through www.grants.gov for the Funding Opportunity Number
ETA-TEGL-14-19. SWAs may find it helpful to review their prior grant application package
submissions and revisions to prepare the FY 2020 grant application package.
To submit the required documents, applicants must follow the “Apply for Grants” link on
www.grants.gov and search for the TEGL number or CFDA number to access the grant
application workspace. For this grant opportunity, applicants should not follow the “Find
Grants” link, as this is not a competitive funding opportunity. If applicants encounter a
problem with www.grants.gov and do not find an answer in any of the other resources, please
call 1-800-518-4726 or 606-545-5035 to speak to a Customer Support Representative or
email [email protected].
3. Grant Approval. Within 30 calendar days of receipt, OFLC will review the grant application
package and inform the SWA, in writing, of any concerns or deficiencies that may prevent the
grant application package from being approved. ETA has determined that FY 2020 funding
will be awarded based on several factors, including the amount obligated in previous years and
any amount returned to ETA in previous years. Additionally, ETA will attempt to ensure that
funding remains relatively stable across years. The amount distributed will depend on the
amount of resources appropriated by Congress under the SUIESO account and available to
ETA.
After verifying that a SWA’s grant application package meets the established criteria in the
following attachments to this TEGL, the OFLC Administrator will recommend approval to the
ETA Grants Officer. After reviewing the SWA grant application package recommended for
approval by the OFLC Administrator, the ETA Grant Officer will issue the grant award,
including the approved grant application package and a Notice of Acceptance (NOA), to the
SWA.
4. Use of FY 2020 funds. The funding received from the OFLC annual distribution is a cost
reimbursable grant provided to the SWAs. Although the Department generally allows states
to spend Wagner-Peyser funds over a three-year period of performance, please note that the
Department is limiting the expenditure of funds allocated pursuant to this TEGL to a
two-year period. As referenced above, the Department expects states to spend the entirety of
their allocated funds within the FY 2020 fiscal year based on the plan that they submit
pursuant to this TEGL, but the Department will allow states up to two years to expend funds
to account for unforeseen circumstances.
5. Grant Signatures. The SWA’s authorized representative must electronically sign all signature
pages of the grant application. If that individual has changed from the prior year, the SWA
must provide an official letter, on state letterhead, with the grant application package identifying
the new authorized representative.
6. Grant Modifications. The grantee and the ETA Grant Officer, at the recommendation of the
OFLC Administrator, may jointly modify the FY 2020 SWA Annual Plan including negotiated
changes in program activities (e.g., review of job orders, wage or prevailing practice surveys,
etc.) and funding levels during the grant period of performance. Any grant plan modification
request must include a transmittal letter, written narrative of the proposed modification(s),
revised annual budget, and quarterly spending plan.
In the event that the Secretary is required by future legislation, regulatory action, or court order to
carry out responsibilities related to the administration of foreign labor certification programs not
currently anticipated, the OFLC Administrator will notify the SWAs and request that they submit
appropriate modifications to their approved grant plans directly to the ETA Grant Officer in order to
fully carry out their responsibilities.
C. Grant Reporting Procedures
As a condition of receiving these grant funds, SWAs agree to carry out responsibilities supporting
the administration of foreign labor certification programs in accordance with all applicable
regulations and guidance, including, but not limited to, 20 CFR parts 655 and 656 and 2 CFR Parts
200 and 2900. Financial and programmatic reporting by SWAs enables OFLC to report key
information to Congress and OFLC stakeholders regarding the use of grant funds. Accurate
reporting of required financial and program management data provides vital information to support
future OFLC funding levels and ensure the appropriate management of grant funds.
OFLC is responsible for monitoring these cost-reimbursable grants. Monitoring activities may
include: review and recommendation for approval of the grant application package; analysis of
expenditure and performance data submitted by grantees; execution of programmatic plan
modifications; assessing a grantee’s timely and accurate submission of all required reports; and on-
site reviews where needed. ETA will advise SWAs on how to administer the grant in accordance
with the approved plan and the terms and conditions of their Wagner-Peyser Annual Grant Funding
Agreement. Please note that the Commonwealth of the Northern Mariana Islands (CNMI) is not
covered by the Wagner-Peyser Act and therefore not required to conduct Wagner-Peyser funded
program activities. Therefore, CNMI may use funding provided under its foreign labor certification
program grant to fund activities related to foreign labor certification programs, such as the
placement and review of H-2A or H-2B job orders or conducting referrals of qualified U.S. workers
that other grantees are required to fund with Wagner-Peyser funds.
SWAs will report financial and program management information using the following required
reports:
1. Financial Status Report. ETA requires all grant recipients to submit the Form ETA-9130, U.S.
DOL Financial Report (OMB Control No. 1205-0461) on a quarterly basis providing detailed
expenditure information on the grant award activities. The Form ETA-9130 report is due no
later than 45 calendar days after the end of each quarter in the FY and must be submitted
online through ETA’s Grantee Reporting System at
https://www.etareports.doleta.gov/CFDOCS/grantee_prod/reporting/index.cfm.
SWAs can obtain a copy of the Form ETA-9130 at the following website:
https://www.doleta.gov/grants/financial_reporting/pdf/ETA_9130_Basic_i.pdf.
Fiscal Year Reporting Report Due Date*
Months
1st Quarter October – December February 14
2nd Quarter January – March May 15
3rd Quarter April – June August 14
4th Quarter July – September November 14
*The reporting system is available 24-hours-a-day, including weekends; however, technical support is not available on
weekends.
If the SWA experiences any technical issues submitting the report, please contact the e-
Grants Helpdesk via e-mail at [email protected] or by phone at 202-693-2682.
Important Reminders on Allowable Costs:
1. Costs incurred under the grant may only be attributed to activities supporting the direct
administration of foreign labor certification programs; and
2. Costs may include staff resources, travel expenditures, other direct administrative costs,
and indirect/overhead support (where an approved indirect cost plan is in place).
3. Please note, SWAs must not spend more than 20% of the OFLC grant funds conducting
prevailing wage and prevailing practice surveys and performing field checks or visits in
accordance with 20 CFR Part 653. If additional funding is needed, SWAs may use other
Wagner-Peyser funds if available. Employment Service grants may be used for conducting
prevailing wage and prevailing practice surveys and performing field checks or visits in
accordance with 20 CFR Part 653; Workforce Information grants may be used for
conducting prevailing wage and prevailing practice surveys only.
2. Program Activity Report. To account for work performed under the grant, SWAs must
submit the Form ETA-9127, Foreign Labor Certification Quarterly Activity Report (OMB
Control No. 1205- 0457), on a quarterly basis providing detailed information on H-2A and H-2B
program activities.
The data required by the Form ETA-9127 is available to the SWAs as part of their routine
processing of requests from employers (SWAs currently maintain this data). The Form ETA-
9127 report is due within two weeks after the end of each quarter during the fiscal year and
may be submitted by e-mail directly to OFLC at [email protected]. SWAs may find it
helpful to review their prior Form ETA-9127 submissions during completion of the grant
application package.
OFLC will promptly review the report for completeness and notify the SWA of any inaccuracies
or deficiencies requiring correction. SWAs can obtain a copy of the Form ETA-9127 and
instructions at the following websites:
Fillable Form:
https://www.foreignlaborcert.doleta.gov/pdf/9127Instructions_Final.pdf
Form Instructions:
https://www.foreignlaborcert.doleta.gov/pdf/Instructions_Form_9127.pdf
Reporting Report Due Date*
Fiscal Year 2020 Months
1st Quarter October – December January 15
2nd Quarter January – March April 15
3rd Quarter April – June July 15
4th Quarter July – September October 15
*If the 15th day falls on a weekend (Saturday or Sunday, or Federal holiday), then the report
is due the next business day.
If the SWA experiences any technical issues submitting the report please contact the OFLC Grants and
Finance Team at [email protected] or by phone at 202-513-7350.
3. Agricultural Prevailing Wage Survey Reports. Under the Department’s regulations at 20
CFR 655.120, an employer participating in the program is required to offer and pay the highest
of several wages, namely: the Adverse Effect Wage Rate (AEWR), the prevailing hourly wage
or piece rate, the agreed upon collective bargaining wage, or the Federal or state minimum
wage, except where a special procedure is approved for an occupation or specific class of
agricultural employment. SWAs can collect and provide information to OFLC with respect to
whether a prevailing hourly wage or piece rate exists for the occupation or crop in the area of intended
employment. These employer wage results are collected through survey instruments designed by the
SWA and documented using the following form:
Form ETA-232A, Wage Survey Interview Record (OMB Control No. 1205-0017, Expiration 03/31/2023)
https://www.foreignlaborcert.doleta.gov/pdf/ETA-232A.pdf.
Once SWAs tabulate wage results, SWAs transmit them to OFLC as soon as the wage results are
completed (based on the SWAs’ wage survey plans) using the following standard form:
Form ETA-232, Domestic Agricultural In-Season Wage Report (OMB Control No. 1205-0017,
Expiration 03/31/2023) https://www.foreignlaborcert.doleta.gov/pdf/ETA-232.pdf.
Form ETA-232 may be submitted electronically (recommended) at the dedicated e-mail address:
[email protected].
The forms may also be mailed to the following address:
U.S. Department of Labor
Employment and Training Administration
Office of Foreign Labor Certification
200 Constitution Avenue, NW, Room PPII-12-200
Washington, D.C. 20210
Attn: H-2A Prevailing Wage Surveys
If the SWA experiences any technical issues conducting the prevailing wage survey or
submitting the results, please e-mail [email protected]. SWAs should monitor the
Agricultural Online Wage Library on the OFLC website at
https://www.foreignlaborcert.doleta.gov/aowl.cfm for the posting of prevailing wages for their
state.
4. Agricultural Employment Practice Survey Reports. The Department’s regulations at 20 CFR
655.122(b) require that each job qualification and requirement listed in the employer’s job offer
must be bona fide and consistent with the normal and accepted qualifications required by
employers that do not use H-2A workers in the same or comparable occupation and crops. In
addition, Departmental regulations allow for certain terms of employment, provided that those
terms constitute a prevailing practice. In making a determination as to whether a job offer
contains normal and accepted qualifications and requirements or whether a term of employment
would be considered a prevailing practice, OFLC may rely on any information or data collected
through state-conducted surveys. The SWA is responsible for designing the survey instruments
to collect the data and, once tabulated, transmitting the survey results in summary form to
OFLC’s Chicago National Processing Center (CNPC) as soon as the employment practice
results are completed. The prevailing practice or normal and accepted requirements survey
results may be submitted electronically directly to the CNPC at [email protected]
(recommended) or mailed to the following address:
U.S. Department of Labor
Employment and Training Administration
Office of Foreign Labor Certification
Chicago National Processing Center
11 West Quincy Court
Chicago, IL 60604-2105
Attn: H-2A Prevailing Practice Surveys
If the SWA experiences any technical issues conducting or submitting the employment
practice results, please contact the CNPC by e-mail at [email protected] or call
312-886-8000. SWAs should monitor the Employment Practice Library on the OFLC website
at https://www.foreignlaborcert.doleta.gov/aowl_survey_pdf.cfm for the posting of
employment practices for their state.
5. Referrals to Department of Justice (DOJ), Immigrant and Employee Rights (IER) section.
SWAs may identify a matter that falls within the jurisdiction of DOJ’s IER. The SWA is
encouraged to contact IER’s hotline and ask to speak to a referral duty attorney at 1-800-255-
7688 or 1-800-237- 2515 (TTY for hearing impaired). Information on how to make a written
notification on the IER’s charge form is available at www.justice.gov/crt/filing-charge.
OMB Approval: 1225-0086
Expiration Date: 05/31/2020
Attachment III
FISCAL YEAR (FY) 2020 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,” has prepared the following plan and statement of assurances for delivering services during FY 2020
(October 1, 2019 through September 30, 2020) to support the administration of foreign labor certification programs in accordance with all
applicable regulations, policies, procedures, handbooks, manuals, and other directives.
A. Foreign Labor Certification Workload
Category of OFLC Program Total
Services/Activities
FY 2019 FY 2020 FY 2020 Estimated
FY 2020
Workload Workload Workload Workload(1)
Actual per ETA Completed Projected [add previous
9127 2 columns]
Report
A. Number of H-2A agricultural clearance Click or tap here to Click or tap here to Click or tap here to Click or tap here to
job orders processed and projected to be enter text. enter text. enter text. enter text.
processed.
B. Number of H-2A prevailing wage Click or tap here to Click or tap here to Click or tap here to Click or tap here to
surveys conducted and projected to enter text. enter text. enter text. enter text.
be conducted.
C. Number of H-2A prevailing practice Click or tap here to Click or tap here to Click or tap here to Click or tap here to
surveys conducted and projected to be enter text. enter text. enter text. enter text.
conducted.
D. Number of H-2A housing inspections Click or tap here to Click or tap here to Click or tap here to Click or tap here to
conducted and projected to be enter text. enter text. enter text. enter text.
conducted. (2)
E. Number of H-2A range housing Click or tap here to Click or tap here to Click or tap here to Click or tap here to
inspections conducted and projected to enter text. enter text. enter text. enter text.
be conducted, as required by 20 CFR
655.230 (if applicable).
F. Number of written notices provided to
organizations providing employment
and training services to workers likely
to apply for H2A job opportunities or
placed in physical locations where
such workers are likely to gather
G. Number of H-2B job orders Click or tap here to Click or tap here to Click or tap here to Click or tap here to
processed and projected to be enter text. enter text. enter text. enter text.
processed.
H. Number of CW-1 job offers Click or tap here to Click or tap here to Click or tap here to Click or tap here to
maintained on website (Only enter text. enter text. enter text. enter text.
applicable for CNMI) (3)
I. Number of Full Time Equivalent Click or tap here to
(FTE) staff funded by this grant. enter text.
(1) Workload includes completed OFLC program services/activities provided and services/activities planned for the period between October 1, 2019 and September 30, 2020.
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 the 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 consult with “appropriate agencies of the government”
before authorizing the classification of aliens as H-2B workers. 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 the Department of Labor (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 Subpart A, the state agency 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 state agency agrees to
carry out the following state activities:
1. Stakeholder Education and Outreach: Make available in a conspicuous location on
the state agency website information on how employers can participate in the H-2B
program, such as easy-to-understand instructions on how to prepare and submit a job
order; a copy of the state agency job order form that is accessible and can be completed
electronically; and current contact information within the state agency for employers to
request technical assistance.
No less frequently than once a year, the state agency 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 state-specific 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. Where requested and funds permitting, the
state agency 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 H-2B Job Orders: In accordance with funds appropriated under the
Wagner- Peyser Act (29 U.S.C. 49 et seq.), the state agency already administers a
public labor exchange system that facilitates the placement of employer job orders and
referral of prospective U.S. applicants to current and future job opportunities.
The state agency 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. The state agency has a capability
for employers to place job orders for review in the following manner:
Please check all that apply:
☐ Self-services by accessing the state agency’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 state agency contact information including email address where
employers can submit H-2B job orders]
Please check one of the following:
☐ The state agency’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 state agency’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 to the state
agency 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 state agency 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 state agency at:
[Insert state agency website link here]
Processing of H-2B Job Orders: Upon receipt, the state agency 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 for emergency situations, the state agency
will review the proposed or draft job order, upon request by the DOL Certifying Officer
(CO), and made available through the OFLC Foreign Labor Application Gateway
(FLAG) System (or successor system and authorized user account designated by OFLC).
a. Compliance Review of Job Orders
• Using an authorized SWA FLAG System account, the state agency 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 state agency 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
state agency 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 state agency
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 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 state agency 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 CO, as
1
The Further Consolidated Appropriations Act, 2020 prohibits DOL from using FY 2020 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. 116-94, Div. A,
Sec. 111). In order 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 remain in effect, thus imposing a
legal duty on H-2B employers, even though the DOL is currently prohibited from using funds to enforce them.
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 work
set forth in 20 CFR 655.40(c));
– Promptly transmit a copy of the approved job order to other
SWAs, as instructed by the DOL CO, with instructions that each
SWA keep the approved job order on its active file until the end of
the recruitment period;
– Where the DOL CO determines 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 of 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 agency 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 state agency’s public labor exchange services has 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 state agency 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 state agency will make available records of
U.S. workers referred against 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 to
which U.S. workers were referred, the state agency agrees to utilize the
existing complaint system for public labor exchange services established
under 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.
4. Post-Determination Services: The state agency 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 state
agency agrees to promptly provide information concerning the availability of U.S.
workers to replace some or all of 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;
• In accordance with 29 CFR 503.7, the state agency agrees to refer to the
appropriate office of the Wage Hour Division (WHD) 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]; and
• The state agency 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.
C. H-2A Temporary Agricultural Program Activities
Section 218(a)(1) of the INA, 8 U.S.C. 1188, authorizes the Secretary of Homeland
Security to permit employers to import 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 H–2A employer’s job
opportunity and a foreign worker’s employment in the job opportunity will not adversely
affect the wages or working conditions of similarly employed U.S. workers.
In accordance with DOL regulations at 20 CFR Subpart B, the state agency 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 using the SWA
FLAG System account. Specifically, the state agency agrees to carry out the following
activities:
1. Stakeholder Education and Outreach: Make available in a conspicuous location
on the state agency website information on how employers can participate in the H-
2A program, 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 current
contact information within the state agency for employers to request technical
assistance.
No less frequently than once a year, the state agency 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 state-specific requirements (e.g., current prevailing practices or normal and
accepted requirements) impacting the material terms or conditions of employer
job orders. Where requested and funds permitting, the state agency 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 H-2A Job Orders: In accordance with funds appropriated under the
Wagner-Peyser Act (29 U.S.C. 49 et seq.), the state agency already administers a
public labor exchange system that facilitates the placement of employer job orders
and referral of prospective U.S. applicants to current and future job opportunities.
The state agency’s labor exchange system is publicly accessible and possesses the
capability for employers to submit the Form ETA-790 and all supporting
documentation in connection with a future filed H-2A Application for Temporary
Employment Certification (Form ETA-9142A) with DOL, pursuant to 20 CFR
655.121. More specifically, the state agency requires that employers submit the
Form ETA-790 for review in the following manner:
[Insert state agency contact information including email address
where employers can submit H-2A job orders]
3. Processing of H-2A Job Orders: Upon receipt of the job order using the SWA
FLAG System account, the state agency will review the job order 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 state
agency will make every effort to review the proposed or draft job order, upon
request by the DOL CO, and made available using the SWA FLAG System
account.
a. Compliance Review of Job Orders
– The state agency 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 state
agency 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 state agency 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 state agency 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 Job Orders
– Upon determining the job order meets the regulatory criteria, whether
by the state agency or the DOL CO in the NOA under 20 CFR
655.143, the state agency will (1) promptly record the decision on the
job order using the SWA FLAG System account, and (2) place the
approved job order in intrastate clearance and commence recruitment
of U.S. workers;
– The state agency agrees to keep the approved job 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 job order includes worksites in an area of
intended employment that falls within the jurisdiction of more than
one SWA, the state agency agrees to forward a copy of the approved
job order to other SWAs serving the area of intended employment
with instructions to place a copy of the approved job order on its
active file until the end of the recruitment period; and
– Upon receipt of a NOA under 20 CFR 655.143, the state agency will
perform the following actions when instructed by the DOL CO:
In the case of emergency situations, promptly place on
its active file the job order approved by the DOL CO,
as well as job orders received from other SWAs, for
intrastate clearance until the end of the recruitment
period, as set forth in 20 CFR 655.135(d); and
Promptly transmit a copy of the approved job order to
other SWAs, as instructed by the DOL CO, with
instructions that each SWA keep the approved job
order on its active file under the end of the recruitment
period.
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.
c. Referral of Qualified and Available U.S. Workers
– The state agency’s public labor exchange services has the capability 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 655.155;
– The state agency will use its public labor exchange services (i.e., one-stop
career center system) 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% of the contact period calculated from the first date indicated in
Section A.3 of Form ETA-790A. 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 state agency will make available
records of U.S. workers referred against 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 655.160.
d. Providing Written Notice of Certain H-2A Job Opportunities
– The state agency will, if directed by a Certifying Officer, provide written notice of
an H-2A 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.
4. Conducting Prevailing Wage Surveys: This section of the grant plan identifies
the schedule of the agricultural prevailing wage surveys (including logging
activities) the state agency plans to conduct during the performance period of the
grant, including anticipated survey timeframes by area (e.g., statewide, regional),
crops or other agricultural activities/commodities, 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 state agency has prioritized its limited resources
on conducting wage surveys in the major crops or other agricultural
activities/commodities where seasonal H-2A workers are regularly employed
and, where practicable, at a broader wage reporting area (e.g., statewide) that
will yield statistically valid wage findings from year to year, particularly
those agricultural activities paying workers on a piece rate basis;
• In circumstances where substantial dissimilarities in crop or related conditions
exists in different parts of the state, the state agency may use sub-state reporting
areas for conducting prevailing wage surveys; and
• The state agency 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.
[SWA schedule of wage surveys inserted here and, if necessary, include attachments]
Survey Survey Areas Crops/Agricultural Survey Means Survey
Timeframes (e.g., Commodities (e.g., field Transmission
statewide, survey, Timeframe to
regional) telephone) 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 state agency
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 state agency 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.
[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., field Transmission
statewide, survey, Timeframe to
regional) telephone) OFLC
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here to enter to enter text. text. enter text. to enter text.
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6. Scheduling and Conducting Housing Inspections:
• Employer-Provided Housing. In accordance with 20 CFR 655.122(d)(1)(i), the state
agency agrees to schedule and conduct pre-occupancy inspections of housing to be
furnished to U.S. and H-2A workers 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 (OSHA) 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. Requests by employers whose
housing does not meet the applicable standards for conditional access to the interstate
clearance system will be processed under the procedures set forth at 20 CFR 654.402.
Special requirements for range housing are provided below.
• Rental and/or Public Accommodations.
☐ The state agency DOES NOT have jurisdiction to inspect rental and/or
public accommodation housing.
☐ The state agency 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, state agency 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;
• The state agency agrees to develop and maintain a plan to schedule housing
inspections prior to filing of job order for employers who regularly use the H-2A
program and, to the extent practicable, actively encourage employers to have housing
ready for inspection at time of filing job order or earlier;
• The state agency 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 state agency 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;
• Except in circumstances where the DOL has a special procedure or as permitted by 20
CFR 655.234, the state agency 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 at [email protected]; and
• The state agency agrees to promptly notify the CNPC of any changes in employer-
provided housing and the results of any inspections conducted on substitute housing.
• Alternative Housing Inspection Methods or Arrangements.
☐ The state agency DOES NOT use alternative methods or arrangements
for conducting pre-occupancy housing inspections. The state agency is
solely responsible for scheduling and conducting pre-occupancy housing
inspections.
☐ The state agency 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 state agency 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.
7. Post-Determination Services: The state agency agrees to provide support services to the
DOL CO after a final determination in the following circumstances:
• In accordance with 20 CFR 655.166 and upon request by the DOL CO, the state
agency agrees to promptly provide information concerning the availability of U.S.
workers to replace some or all of 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 state agency 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 arising under the H-2A regulations, the state agency agrees to utilize
the existing Job Service 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;
• For complaints involving allegation of fraud or misrepresentation, the state agency
agrees to refer all such complaints to the DOL CO at [email protected] for
appropriate handling and resolution;
• For complaints involving contracts with workers, the state agency 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 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 State agency 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 state agency’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 state agency 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
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
Click or tap here to enter text. Click or tap here to Click or tap here to
enter text. enter 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.
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
Click or tap here to enter text. Click or tap here to Click or tap here to
enter text. enter 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.
Fiscal Grant 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
Click or tap here to enter text. Click or tap here to Click or tap here to
enter text. enter 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 in order 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 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, Information Resources Program ● Room N-1301 ● 200 Constitution Ave., N.W., ●
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 2020 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.
Date
Authorized Representative’s Signature
Authorized Representative’s Job Title
Authorized Representative’s Printed Name
Attachment V
Procedures for Prior Approval of Equipment Purchase Requests
Grant recipients must follow the procedures below to receive prior approval to
purchase equipment.
Grant recipients must submit a formal written request to acquire and purchase equipment to
the appropriate Grant Officer. All requests must be submitted through the Federal Project
Officer and contain the following information, at a minimum:
1. Item name;
2. Item description and basic specifications;
3. Estimated useful life of equipment;
4. Item cost, actual or estimated (and total cost if multiple items), including the cost,
if known, to put the asset(s) in place and make it usable for the purposes it was
acquired;
5. Purpose of acquisition: a description of how the equipment will be used to
support the grant and a reference to the approved activities in the Statement of
Work (and the page numbers, if known). This description and justification are
critical, as the information will provide the documentation that the costs to be
incurred are for approved grant-related activities and in the best interests of the
government; and
6. Contact name and telephone number.
This information will be used as the basis for the Grant Officer’s decision.
Attachment VI
FY 2020 Actual Funding Levels $14,282,000
*The funding amount below must be indicated on the SF-424 and SF-424A for FY 2020
Alabama 122,000 Nevada 115,000
Alaska 76,145 New Hampshire 53,625
Arizona 160,587 New Jersey 400,000
Arkansas 100,230 New Mexico 70,000
California 1,500,000 New York 1,400,000
Colorado 241,500 North Carolina 483,800
Connecticut 250,000 North Dakota 186,000
Delaware 65,000 Northern Mariana
Florida 470,000 Islands 65,500
Georgia 480,000 Ohio 275,000
Guam 60,000 Oklahoma 91,500
Hawaii 60,000 Oregon 315,000
Idaho 400,000 Pennsylvania 400,000
Illinois 300,000 Puerto Rico 55,000
Indiana 92,361 Rhode Island 76,145
Iowa 207,185 South Carolina 209,000
Kansas 110,010 South Dakota 100,000
Kentucky 300,000 Tennessee 220,251
Louisiana 255,000 Texas 450,000
Maine 265,000 Utah 120,000
Maryland 433,424 Vermont 130,000
Massachusetts 755,000 Virgin Islands 20,000
Michigan 320,000 Virginia 424,931
Minnesota 130,000 Washington 400,000
Mississippi 165,000 Washington DC 5,000
Missouri 150,558 West Virginia 50,000
Montana 278,811 Wisconsin 150,000
Nebraska 100,000 Wyoming 88,437
OWL 80,000
Attachment VII
Amendment A:
Commonwealth of the Northern Mariana Islands (CNMI) CW-1 Program
Fiscal Year (FY) 2020 Office of Foreign Labor Certification (OFLC) Grant Planning
Guidance
CW-1 Temporary Employment Activities
The Northern Mariana Islands U.S. Workforce Act of 2018 (Workforce Act) provides 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 establish 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. In accordance with the Workforce Act, DHS will promulgate 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 the Department of Labor (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 to be codified at 20 CFR Subpart E (see CNMI Interim Final
rule), 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: Make information on how employers can
participate in the CW-1 program available in a conspicuous location on the CNMI
Department of Labor website, 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.
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 related to the CW-1 program.
B. Placement of CW-1 Job Advertisement: The employer must place an advertisement with
the CNMI Department of Labor for a period of 21 consecutive days. All advertisements
must satisfy the requirements to be codified in 20 CFR 655.441. (See CNMI Interim Final
Rule.)
The CNMI Department of Labor’s labor exchange system, at www.marianaslabor.net 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 provisions in
the CNMI Interim Final Rule to be codified at 20 CFR 655.442. The CNMI Department of
Labor has a 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: www.marianaslabor.net
☐ Staff-assisted job offer services by submitting a 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 to 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: www.marianaslabor.net.
Once employers place an advertisement with the CNMI Department of Labor for 21
consecutive 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 in order 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 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, Information Resources Program ● Room N-1301 ● 200 Constitution Ave., N.W., ● Washington, DC 20210.
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