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Fiscal Year 2016 foreign labor certification grant planning
Summary ETA gave state workforce agencies the annual grant planning and management instructions for Fiscal Year 2016 foreign labor certification work. Its attachments provide the planning package, annual plan and certification forms, and prior year funding levels. ETA now labels the letter Canceled.
Document
Federal guidance
Agency
U.S. Department of Labor, Employment and Training Administration (ETA)
Document number
TEGL No. 15-15
Date issued
March 24, 2016
Status
Withdrawn
ETA lists this letter Canceled as of 2026-10-24; its PDF prints Expiration Date: Continuing and identifies no rescission. No cancellation instrument is identified.
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
March 24, 2016
ADVISORY: TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 15-15
TO: STATE WORKFORCE AGENCY ADMINISTRATORS
FROM: PORTIA WU /s/
Assistant Secretary
SUBJECT: Fiscal Year (FY) 2016 Foreign Labor Certification (FLC) Grant Planning
Guidance
1. Purpose. To provide guidance for the funding and management of FY 2016 annual grant
allocations in order to perform FLC program activities.
2. 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;
• Northern Mariana Islands Covenant Implementation Act, Pub. L. 94-241, Section 302;
• Consolidated Natural Resources Act, Pub. L. 110-229, 122 Stat. 865, Title VII – Northern
Mariana Islands, Subtitle A-Immigration, Security, and Labor;
• Wagner-Peyser Act, 29 U.S.C. 49f(d);
• U.S. Citizenship and Immigration Services regulations at 8 CFR Part 214;
• 20 CFR Parts 653, subpart F, 654, subpart E, 655, subparts A and B, 656 and 658;
• 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal Governments (OMB
Circular A-87);
• OMB Circular No. A-102, Grants and Cooperative Agreements with State and Local
Governments;
• Employment and Training (ET) Handbook No. 385, Employment Service Forms
Preparation Handbook, “Wage Finding Process,” August, 1981;
• Guide for Employment Service Reimbursable Grant Activities;
• ETA H-2A Program Handbook No. 398, January 1988; and
• 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.
3. Background. The Department of Labor administers Foreign Labor Certification programs
through the Employment and Training Administration’s Office of Foreign Labor Certification
RESCISSIONS EXPIRATION DATE
None Continuing
(OFLC), with the assistance of State Workforce Agencies (SWAs). Congress appropriates
funding to OFLC to meet certain obligations mandated by the Immigration and Nationality
Act (INA). This TEGL provides programmatic guidance and financial information to SWAs
to support State foreign labor certification activities in FY 2016.
4. 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
FLC program activities for FY 2016. Within 30 calendar days from the date of this
TEGL’s issuance, SWAs must submit their grant applications to OFLC unless they are in
receipt of an approved written extension from the OFLC National Office. We request that
Administrators receiving this guidance share this information within their respective
organizations in order to ensure that fiscal and programmatic public workforce system
members are fully aware of the required FY 2016 FLC grant application processes and
timelines.
5. Inquiries. SWA staff should direct questions to the OFLC National Office at
[email protected].
6. Attachments.
Attachment 1 - Program Planning Guidance and Information Package
Attachment 2 - Fiscal Year (FY) 2016 Annual Plan
Attachment 3 - Annual Plan Certification
Attachment 4 - FY 2015 Funding Level (provided as estimates for use in determining
FY 2016 final funding levels)
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Attachment 1
Official attachment: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2016/TEGL_15-15_Attachment1_Acc.pdf
Attachment 1
Program Planning Guidance and Information Package
I. Introduction
The Immigration and Nationality Act assigns certain responsibilities to the Secretary of
Labor (Secretary) for employment-based immigration programs that require a labor
certification. These statutory responsibilities include determining whether there are able,
willing, and qualified U.S. workers available for the position in the area of intended
employment and whether there would be any adverse effect on similarly-employed U.S.
workers should a labor certification be granted. Accordingly, statutory and regulatory
provisions require all employers seeking to hire either permanent or temporary
nonimmigrant foreign labor to apply first to the Secretary for certification. The Secretary
has delegated the administration of these certification programs to the Employment and
Training Administration’s (ETA’s) Office of Foreign Labor Certification (OFLC).
Congress appropriates funding for Federal and State foreign labor certification activities
through the State Unemployment Insurance and Employment Service Operations
(SUIESO) account. The State Grants activity funds services provided by State Workforce
Agencies (SWAs) in support of the foreign labor certification program, including
placements of job orders, inspections of employer-provided housing, and the administration
of prevailing wage employment practice surveys. ETA, through OFLC, distributes these
funds annually to SWAs in accordance with approved State plans.
This Training and Employment Guidance Letter (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, 2015 and September 30, 2016.
II. Grant Procedures
A. Grant Application. The SWA grant application must be developed in accordance with
the instructions contained in this TEGL. The grant application package submitted by
the SWA to OFLC should consist of: (1) a transmittal letter and (2) one original and
one copy of the following documents:
Application for Federal Assistance (SF-424), Office of Management and Budget
(OMB) Control No. 4040-0004 (Grants.gov).
http://www.grants.gov/web/grants/forms/sf-424-family.html
Budget Information -Non-Construction Programs, SF 424A (sections B and D
only), OMB Control No. 4040-0006 (Grants.gov).
http://apply07.grants.gov/apply/forms/sample/SF424A-V1.0.pdf
Important Notes:
1. Submit a justification and supporting documentation for any proposed
equipment purchases of $5,000 or more, in addition to the grant budget form
narrative. Prior approval of any equipment exceeding $5,000 and any
contracts/subcontracts must be obtained per 29 CFR 97.32 (equipment) and 29
CFR 97.30 (subgrants/contracts).
2. Please submit, in addition to the grant budget form, a narrative including
supporting documentation to justify any proposed contracts and/or subcontracts
the SWA intends to execute to carry out these grant activities. In addition to the
above additional justifications (if needed) and submitting the total grant
amount request as specified in the 424 and 424a, please note the
application/budget must be based on projected State/territory needs for a period
of one year.
3. Full-year funding levels will not be confirmed until the annual plans have been
reviewed. Please use Attachment 4 to this TEGL as guidance for estimated
funding.
FY 2016 Annual Plan
Foreign Labor Certification Workload (Attachment 2, Section A)
H-2B Program Activities (Attachment 2, Section B)
H-2A Program Activities (Attachment 2, Section C)
Cost of H-2A and H-2B Temporary Labor Certification Activities
(Attachment 2, Section D)
Grantee Contact Information (Attachment 2, Section F)
Annual Plan Certification (Attachment 3)
B. Grant Submission. A completed grant application package must be submitted by the
SWA to OFLC within 30 calendar days following the date of issuance of the planning
guidance using the following address:
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Office of Foreign Labor Certification
Employment and Training Administration
Department of Labor
200 Constitution Avenue, NW
Box# 12-200
Washington DC 20210
To expedite review of your grant application package, the preferred method is for
SWAs to send a signed and scanned Word or PDF copy of the application to
[email protected]. Please include “FY 2016 SWA Grant Plan” in the subject line of
the e-mail.
C. 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. When it is
determined that the grant application package meets the established criteria, the OFLC
Administrator will recommend approval to the ETA Grant Officer. After reviewing the
approved grant application package from the OFLC Administrator, the ETA Grant
Officer will issue the grant, including the approved grant application package and a
Notice of Obligation, to the SWA.
D. Grant Signatures. The SWA’s authorized representative must sign all signature pages
of the grant application. If that individual has changed from the prior year, you must
provide an official letter, on State letterhead, with the grant application package
identifying the new authorized representative.
E. Grant Modifications. The grantee and the ETA Grant Officer, at the recommendation
of the OFLC Administrator, may jointly modify the FY 2016 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 a
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.
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III. 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, policies, procedures, handbooks, manuals, and other directives,
including but not limited to 20 CFR parts 655 and 656, 29 CFR Part 97 and 2 CFR Part
225. 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. OFLC 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.
SWAs will report financial and program management information using the following
required reports:
A. 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
left in the fiscal year and must be submitted online through ETA’s Grantee Reporting
System at
https://www.etareports.doleta.gov/CFDOCS/grantee_prod/reporting/index.cfm. You
can obtain a copy of the Form ETA-9130 at the following Web site:
http://www.doleta.gov/grants/docs/ETA-9130-ESandUI.pdf.
Reporting Report
Fiscal Year 2016
Months Due Date*
1st Quarter October – December February 14, 2016
2nd Quarter January – March May 15, 2016
3rd Quarter April – June August 15, 2016
4th Quarter July – September November 15, 2016
* 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 phone at (202) 693-2682.
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Important Notes on Allowable Costs:
Costs incurred under the grant may only be attributed to activities supporting the
direct administration of foreign labor certification programs; and
Costs may include staff resources, travel expenditures, other direct administrative
costs, and indirect/overhead support (where an approved indirect cost plan is in
place).
B. 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 are 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 2 weeks after the end of each quarter
during the fiscal year and may be submitted by e-mail directly to OFLC at
[email protected].
OFLC will promptly review the report for completeness and notify the SWA of any
inaccuracies or deficiencies requiring correction. You can obtain a copy of the Form
ETA-9127 at the following Web site:
http://www.foreignlaborcert.doleta.gov/pdf/9127Instructions_Final.pdf.
Reporting
Reporting Report
Fiscal Year 2016 Due Date*
Months
Months
1st Quarter October – December January 15, 2016
2nd Quarter January – March April 15, 2016
3rd Quarter April – June July 15, 2016
4th Quarter July – September October 15, 2016
th
* If the 15 day falls on a weekend (Saturday or Sunday, or Federal holiday), then
the report is due the next business day.
If the SWAs experience any difficulties submitting the report, they may contact
the OFLC Grants/Finance Team at [email protected] or (202) 513-7350.
C. Agricultural Prevailing Wage Survey Reports. A critical component of OFLC’s ability
to grant a labor certification under the H-2A temporary agricultural program is a
finding that the wages of similarly employed U.S. workers are not adversely impacted
by the admission of temporary foreign workers. To that end, an employer participating
in the program is required to offer and pay the highest of several wages, namely: the
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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 (20 CFR 655.120(a)).
SWAs collect and provide vital 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 (also see, 20 CFR 653.501(d)(4)). These employer wage results
are collected through survey instruments designed by the SWA, conducted in
accordance with the ETA Handbook No. 385, and transmitted to OFLC as soon as the
wage results are completed (based on the SWA’s wage survey plan) using the
following standard forms:
ETA Form ETA-232, Domestic Agricultural In-Season Wage Report (OMB Control
No. 1205-0017) http://www.foreignlaborcert.doleta.gov/pdf/in_season.pdf
ETA Form ETA-232A, Wage Survey Interview Record (OMB Control No. 1205-0017).
http://www.foreignlaborcert.doleta.gov/pdf/wage.pdf.
ETA Forms 232 and 232A may be submitted electronically at [email protected]
or mailed to the following address:
Office of Foreign Labor Certification
Employment and Training Administration
Department of Labor
200 Constitution Avenue, NW
Box# 12-200
Washington DC 20210
If the SWA experiences any technical issues conducting the prevailing wage survey or
submitting the results, please contact the OFLC Temporary Programs Team at
[email protected] or (202) 513-7350.
Agricultural Employment Practice Survey Reports. Department of Labor (Department)
regulations 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, Department 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 for transmitting the survey results in summary form
to the Chicago National Processing Center (NPC) as soon as the employment practice
results are completed. Absent employment practice survey results, the SWA will be
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required to conduct ad hoc surveys.
The prevailing, normal, or common practice survey results may be submitted
electronically directly to the Chicago NPC at [email protected] 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 Chicago NPC at [email protected] or
(312) 886-8000.
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Attachment 2
Official attachment: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2016/TEGL_15-15_Attachment2_Acc.pdf
Attachment 2 OMB Approval: 1225-0086
Expiration Date: 03/31/2016
FISCAL YEAR (FY) 2016 ANNUAL PLAN
(Please complete all yellow highlighted fields)
____________ (Insert Official Name of SWA – not that of an individual) ___________________
has prepared the following plan and statement of assurances for delivering services during
FY 2016 (October 1, 2015 through September 30, 2016) to support the administration of foreign
labor certification (FLC) programs in accordance with all applicable regulations, policies,
procedures, handbooks, manuals, and other directives.
A. Foreign Labor Certification Workload
Category of OFLC Program TOTAL
FY 2015 FY 2016 FY 2016
Services/Activities FY 2016
Workload Workload Workload Workload(1)
Completed per
Completed To be Processed add previous 2 columns
ETA 9127 Report
A. Number of job orders
related to H-2A temporary labor
certification applications processed
and expected to be processed.
B. Number of prevailing wage
surveys conducted and expected to be
conducted in agricultural activities.
C. Number of prevailing
practice surveys conducted and
expected to be conducted in
agricultural activities.
D. Number of housing
inspections conducted and expected to
be conducted in anticipation of H-2A
job orders.
E. Number of job orders
related to H-2B temporary labor
certification applications processed
and expected to be processed.
F. Number of Full Time
Equivalent (FTE) staff funded by this
grant.
(1) Workload includes actual OFLC program services/activities provided or services/activities planned for
the period between October 1, 2015 and September 30, 2016.
B. H-2B Temporary Nonagricultural Program Activities
The SWA agrees to carry out all State activities in support of the Secretary's responsibilities
under 8 U.S.C. 1101(a)(15)(H)(ii)(b) and 20 CFR 655 Subpart A to certify, upon application
by a U.S. employer intending to petition the Department of Homeland Security (DHS) to
admit H–2B workers, that 1) there are not enough able and qualified U.S. workers available
for the position(s) to be filled and 2) the employment of the foreign worker(s) will not
adversely affect the wages and working conditions of similarly employed U.S. workers. This
section of the plan describes how the SWA will receive job orders to be placed in connection
with future H-2B applications, process job orders in compliance with all applicable
regulatory requirements, and manage referrals of qualified U.S. workers to the job
opportunity.
1. Description of the process by which employers, desiring to hire foreign workers in
temporary nonagricultural employment, can submit a job order to the SWA (i.e., self-
service or staff-assisted) and how the employer identifies it as a job order placed in
connection with a future application for H-2B workers. Where employers use self-
services to submit job orders, a description of how the SWA identifies H-2B related job
orders through a labor exchange system management report or other automated
mechanism(s).
[SWA narrative inserted here]
2. A detailed step-by-step explanation of the process by which the SWA reviews job orders
placed in connection with a future application for H-2B workers. Such a description
should include the standard of review or criteria used to evaluate job order language,
process for communicating deficiencies and/or notifying employers that the job order is
acceptable, and the expected timeframes for conducting reviews of employer job orders.
Include any relevant documentation (e.g. job order review worksheet, standard operating
procedure, process flow map) on the SWA job order review process. Where employers
use self-service to submit job orders, provide an explanation of the post-submission
automated process used by the labor exchange system to review and post job orders.
Important Note: In circumstances where the SWA has determined that a job order filed
in connection with a future application for H-2B workers must be open for longer than 10
calendar days, a description of the SWA’s policies or procedures for handling such job
orders must be included.
[SWA narrative inserted here]
3. Description of the process by which the SWA, upon receipt of a nonagricultural job order
covering multiple states (e.g., multiple states within the same area of intended
employment, itinerant jobs in tree planting, reforestation, utility right-of-way spraying,
2
outdoor entertainment), promptly transmits, on behalf of the employer, a copy of the job
order to interstate clearance.
[SWA narrative inserted here]
4. Description of how the SWA will refer qualified U.S. workers to the job opportunity,
particularly those requiring interstate referral, and maintain records of referrals in the
event that such records are requested by the OFLC Certifying Officer in support of a final
determination on a pending H-2B application or audit examination of a certified H-2B
application. Please note: The response to this question should include 1) the process by
which the SWA will refer workers in its state to jobs they would like to apply for in other
states and 2) the process by which applicants in other states may be referred to Job Orders
within your state.
[SWA narrative inserted here]
C. H-2A Temporary Agricultural Program Activities
The SWA agrees to carry out all activities in support of the Secretary's responsibilities under
8 U.S.C. 1101(a)(15)(H)(ii)(a) and 1188 and 20 CFR Part 655, subpart B, to certify, upon
application by a U.S. employer intending to petition the Department of Homeland Security to
admit H-2A workers, that 1) there are not enough able and qualified U.S. workers available
for the position(s) to be filled, and 2) the employment of the foreign worker(s) will not
adversely affect the wages and working conditions of similarly-employed U.S. workers.
This section of the plan describes how the SWA will conduct agricultural surveys of
prevailing wages, prevailing practices, and normal and accepted requirements. It also
includes standards applicable to SWA-conducted housing inspections.
a. Schedule of the agricultural prevailing wage surveys (including logging activities) the
SWA plans to conduct during the performance period of the grant in accordance with
ETA Handbook No. 385, including anticipated survey timeframes by area (e.g.,
statewide, regional), crops or other agricultural activities/commodities, and
approximately when wage results are expected to be transmitted to the OFLC National
Office (via the Forms ETA-232 and ETA-232A for review. The SWA’s schedule of
surveys may be based upon current and historical agricultural job order activities or other
information about major crops/commodities within the state’s agricultural sector.
Important Note: Consistent with the ETA Handbook No. 385, the SWA should prioritize
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
3
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. Sub-State reporting areas are acceptable as long as
substantial dissimilarities in crop or related conditions within parts of the State exist.
[SWA schedule of wage surveys inserted here and, if necessary, include attachments]
b. 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 Chicago National Processing Center (NPC) for
review.
[SWA schedule of employment practice surveys inserted here and, if necessary, include
attachments]
The SWA agrees to submit all completed prevailing practice and normal and accepted
requirement surveys promptly to the OFLC Chicago NPC either electronically at
[email protected] or by mail 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
c. In accordance with 20 CFR 655.122(d) and as a condition of issuing a temporary labor
certification, SWAs must 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. Except in circumstances where the Department of
Labor has promulgated special procedures, all employer-provided housing must, at a
minimum, meet the full set of U.S. Department of Labor Occupational Safety and Health
Administration standards at 29 CFR 1910.142 or the full set of standards at 20 CFR
654.404-654.417, whichever are applicable under 20 CFR 654.401. To the extent
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practicable, the SWA will plan to schedule housing inspections before the filing of the
agricultural clearance order for those employers who regularly use the H-2A Program.
In order to ensure compliance with the Migrant Seasonal Worker Protection Act, the
SWA must also provide a copy of the approved housing inspection to the employer or its
authorized representative.
To the extent the SWA will use alternative methods for conducting pre-occupancy
housing inspections, such as through contracts, memoranda of understanding, or other
cooperative agreements with State or local organizations, please include a short
description of these arrangements. Additionally, where the employer is offering rental
(e.g., hotels or motels) or other public accommodations to workers and the SWA requires
from the employer proof that such housing is in compliance with State or local law or
regulation, the SWA must provide a copy of this State or local law or regulation.
Lastly, SWAs involved in the mobile housing inspections associated with open range
production of livestock applications processed under special procedures must maintain
and make available to the Chicago NPC the three (3) year housing inspection schedules
which allow employers to self-certify their mobile and fixed-site housing.
In accordance with instructions contained in the Notice of Acceptance issued by the NPC
Certifying Officer, you must provide results of housing inspections so that a final
temporary labor certification determination can be issued to the employer. The preferred
method for supplying this information is by e-mail to [email protected]. If it is
not possible to transmit this information by e-mail, the SWA may send it by fax to (312)
353-3352 or by U.S. Mail to:
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
[SWA narrative inserted here for alternative housing inspection methods and, if necessary,
including attachments of the most current 3-year inspection schedule for mobile housing and
State or local law or regulation governing the inspection of rental or other public
accommodation housing]
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D. Cost of H-2A and H-2B Temporary Labor Certification Activities
Please base the information supplied in the table below on available prior fiscal year
expenditure data to estimate the cost of conducting State activities under the H-2A and H-2B
temporary labor certification programs. Please complete all yellow highlighted areas.
Costing Sheet (Including Logging)
Total Total Average
Activity
Number Cost Cost(5)
H-2A Housing Inspections(1)
H-2A Prevailing Wage Surveys(2)
H-2A Prevailing Practice and Normal and
Accepted Requirement Surveys(2)
H-2A Job Orders Processed(3)
Total Cost of H-2A Activities(4)
Staff Assisted H-2B Job Orders(6)
Total Cost of H-2A and H-2B Activities(7)
(1) H-2A Housing Inspections:
Include in the total cost estimate: travel time, inspection time, travel mileage, and completion of
paperwork. Include all housing inspections started during the prior fiscal year regardless of the final
completion date.
• If housing inspections are done by another organization, estimate the cost that the H-2A portion adds
to their total cost and include this amount in the table.
(2) H-2A Prevailing Wage/Practice and Normal and Accepted Requirement Surveys:
• Include in the total cost estimate the development of the survey instrument, postage, collection of
responses, collation of information, and publication of results.
• Include all surveys started during the prior fiscal year regardless of the final completion date.
(3) H-2A Job Orders Processed:
• Include in the total cost estimate the creation and maintenance of files, taking into account the cost
associated with receiving and reviewing applications, referring applicants, and releasing orders into
inter/intra-state job system.
(4) Total Cost of H-2A Activities:
• Total Cost of Housing Inspections plus Total Cost of Prevailing Wage/Practice Surveys plus Total
Cost of Job Orders Processed.
(5) Average Cost:
• Total Cost of activity/Total Number of activity.
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(6) Staff Assisted H-2B Job Orders:
• Total number of job orders.
(7) Total Cost of H-2A and H-2B Activities
• Add cost of all activities
E. Permanent Labor Certification Activities
The SWAs are expected to perform labor exchange activities necessary to support the
recruitment of U.S. workers under the permanent labor certification program. Such labor
exchange activities include placing job orders serving the area of intended employment and
receiving referrals of qualified applicants for consideration. Please note that these activities are
covered by existing Wagner-Peyser formula grants and not by the FLC grants that are the subject
of this Training and Employment Guidance Letter.
F. Grantee Contact Information
H-2A Program Point-of-Contact
Last name First name
Job title
Address
City State Postal code
Telephone number (including extension) Fax number
E-mail address
7
H-2B Program Point-of-Contact (if different than the contact listed above)
Last name First name
Job title
Address
City State Postal code
Telephone number (including extension) Fax number
E-mail address
Fiscal Grant Point-of-Contact (if different than the contact listed above)
Last name First name
Job title
Address
City State Postal code
Telephone number (including extension) Fax number
E-mail address
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. Respondent’s reply
to these reporting requirements is required to obtain the benefits. Public reporting burden for this collection of information is estimated to
average 4 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 Office of Foreign
Labor Certification ● U.S. Department of Labor ● Box 12-200 ● 200 Constitution Ave., NW, ● Washington, DC 20210.
8
Attachment 3
Official attachment: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2016/TEGL_15-15_Attachment3_Acc.pdf
Attachment 3
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 2016 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 29 CFR 97.42(e)(1), 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 4
Official attachment: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2016/TEGL_15-15_Attachment4_Acc.pdf
Attachment 4
FY 2015 Funding Levels
*Last year’s funding levels are provided for reference and may not equate to FY 2016 allocations.
Alabama 91,208 Northern Mariana 71,565
Alaska 76,145 Islands
Ohio 256,193
Arizona 235,787
Oklahoma 83,012
Arkansas 87,591
Oregon 120,474
California 1,295,937
Pennsylvania 434,376
Colorado 241,500
Puerto Rico 71,564
Connecticut 293,558
Rhode Island 76,145
Delaware 104,573
South Carolina 113,517
Florida 515,568
South Dakota 97,460
Georgia 564,490
Tennessee 204,372
Guam 79,954
Texas 767,599
Hawaii 71,564
Utah 116,590
Idaho 221,094
Vermont 121,048
Illinois 466,983
Virgin Islands 71,564
Indiana 76,143
Virginia 580,000
Iowa 114,908
Washington 179,907
Kansas 110,010
Washington DC 10,000
Kentucky 340,345
West Virginia 90,695
Louisiana 202,957
Wisconsin 136,580
Maine 302,952
Wyoming 78,437
Maryland 447,706
Massachusetts 889,045
Michigan 307,306
Minnesota 126,652
Mississippi 99,043
Missouri 150,558
Montana 112,106
Nebraska 94,245
Nevada 102,741
New Hampshire 78,737
New Jersey 615,369
New Mexico 87,591
New York 1,417,021
North Carolina 463,800
North Dakota 115,715
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