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Fiscal year 2018 foreign labor certification grants

Summary ETA gave state workforce agencies fiscal year 2018 grant planning and application instructions for foreign labor certification activities. The attachments cover program responsibilities, allowable activities, reporting and forms; their funding table gives FY 2017 levels for reference, not confirmed FY 2018 allocations. ETA now lists this fiscal-year advisory as Canceled.
Document
Federal guidance
Agency
U.S. Department of Labor, Employment and Training Administration (ETA)
Document number
TEGL No. 15-17
Date issued
April 25, 2018
Status
Withdrawn
ETA lists this FY 2018 advisory Canceled as of 2026-10-24, although its PDF prints Rescissions: None and Expiration Date: Continuing.
Status last verified October 24, 2026

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This document has been withdrawn
ETA lists this FY 2018 advisory Canceled as of 2026-10-24, although its PDF prints Rescissions: None and Expiration Date: Continuing. It no longer reflects the agency's current position. Treat this page as historical context, not current guidance, and verify current law before relying on anything here.
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.
CLASSIFICATION
      EMPLOYMENT AND TRAINING ADMINISTRATION                Foreign Labor Certification
                  ADVISORY SYSTEM                           CORRESPONDENCE SYMBOL
             U.S. DEPARTMENT OF LABOR                       OFLC
                Washington, D.C. 20210                      DATE
                                                            April 25, 2018

ADVISORY:             TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 15-17

TO:                   STATE WORKFORCE AGENCY ADMINISTRATORS

FROM:                 ROSEMARY LAHASKY /s/
                      Deputy Assistant Secretary

SUBJECT:              Fiscal Year (FY) 2018 Foreign Labor Certification (FLC) Grant Planning
                      Guidance

1. Purpose. To provide guidance for the funding and management of the FY 2018 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;
    48 U.S.C. 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 and B, and 658;
    2 CFR 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements
      for Federal Awards; Final Rule;
    2 CFR 2900, Uniform Administrative Requirements, Cost Principles, and Audit
      Requirements for Federal Awards, Department of Labor; Final Rule;
    Guide for Employment Service Reimbursable Grant Activities;
    ET 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 mission of the Employment and Training Administration (ETA)’s Office of
   Foreign Labor Certification (OFLC) is to help U.S. employers fill jobs while protecting U.S. and
   foreign workers. OFLC carries out this mission by determining, on a case-by-case basis, whether
   there are able, willing, and qualified U.S. workers available for the job and whether there will be

 RESCISSIONS                                              EXPIRATION DATE
 None                                                     Continuing

   any adverse impact on similarly-employed U.S. workers should a labor certification be granted.
   The 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 OFLC Federal Administration and related State foreign labor
   certification activities through the State Unemployment Insurance and Employment Service
   Operations (SUIESO) account. The Federal Administration activity funds federal program
   functions, including salaries and expenses, IT development and maintenance, contract services to
   support case adjudications, rent, and overhead costs. The State Grants activity funds services
   provided by State Workforce Agencies (SWAs) in support of the foreign labor certification
   program, including the placement 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. This TEGL provides
   programmatic guidance and financial information to SWAs to support state foreign labor
   certification activities in FY 2018.

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 2018. Within 30 calendar days from the date of this TEGL’s
   issuance, SWAs must submit their grant applications to ETA 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 2018 FLC grant application processes and timelines.

5. Inquiries. SWA staff should direct all questions to the OFLC National Office at
   [email protected].

6. Attachments.

   Attachment 1 - Table of Contents
   Attachment 2 - Program Planning Guidance and Information Package
   Attachment 3 - Fiscal Year (FY) 2018 Annual Plan
   Attachment 4 - Annual Plan Certification
   Attachment 5 - Instructions for Completing the Budget Narrative
   Attachment 6 - FY 2017 Funding Levels

Attachment (official PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2018/TEGL_15-17_Attachment_1.pdf)

Attachment 1
                                     Table of Contents

Attachment 2 - Program Planning Guidance and Information Package
   A. Introduction, p. 1
   B. Grant Procedures, Requirements, and Timeline p. 1
            1. Grant Application p. 1
            2. Grant Submission p. 2
            3. Grant Approval p. 3
            4. Use of FY18 funds p. 3
            5. Grant Signatures p. 3
            6. Grant Modifications p. 3
   C. Grant Reporting Procedures p. 4
            1. Financial Status Report p. 4
            2. Program Activity Report p. 5
            3. Agricultural Prevailing Wage Survey Reports p. 6
            4. Agricultural Employment Practice Survey Reports p. 7

Attachment 3 - Fiscal Year (FY) 2018 Annual Plan
   A. Foreign Labor Certification Workload p.1
   B. H-2B Temporary Nonagricultural Program Activities p. 2
            1. Stakeholder Education and Outreach p. 2
            2. Placement of H-2B Job Orders p. 2
            3. Processing of H-2B Job Orders p. 4
                a. Compliance Review of Job Orders p. 4
                b. Processing of Approved Job Orders p. 4
                c. Referral of Qualified and Available U.S. Workers p. 5
            4. Post-Determination Services p. 6
   C. H-2A Temporary Agricultural Program Activities p. 6
            1. Stakeholder Education and Outreach p. 6
            2. Placement of H-2A Job Orders p. 7
            3. Processing of H-2A Job Orders p. 7
                a. Compliance Review of Job Orders p. 7
                b. Processing of Approved Job Orders p. 8
                c. Referral of Qualified and Available U.S. Workers p. 8
            4. Conducting Prevailing Wage Surveys p. 9
            5. Conducting Prevailing Practice and Normal/Accepted Requirements Surveys p. 10
            6. Scheduling and Conducting Housing Inspections p. 12
            7. Post-Determination Services p. 13
   D. Permanent Labor Certification Program p. 14
    E. Grantee Contact Information p. 14

   Attachment 4 - Annual Plan Certification
   Attachment 5 - Instructions for Completing the Budget Narrative
   Attachment 6 - FY 2017 Funding Levels

Attachment (official PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2018/TEGL_15-17_Attachment_2.pdf)

Attachment 2
                      Program Planning Guidance and Information Package

A. Introduction

       The mission of the Office of Foreign Labor Certification (OFLC) of the Employment and
       Training Administration is to help U.S. employers fill jobs while protecting U.S. and foreign
       workers. OFLC carries out this mission by determining, on a case-by-case basis, whether there
       are able, willing, and qualified U.S. workers available for the job and whether there will be any
       adverse impact on 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 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 OFLC Federal Administration and related State foreign
       labor certification activities through the State Unemployment Insurance and Employment
       Service Operations (SUIESO) account. The Federal Administration activity funds federal
       program functions, including salaries and expenses, IT development and maintenance, contract
       services to support case adjudications, rent, and overhead costs. The State Grants activity
       funds services provided by State Workforce Agencies (SWAs) in support of the foreign labor
       certification program, including the placement 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
       TEGL provides programmatic guidance and financial information to SWAs to support state
       foreign labor certification activities in FY 2018.

       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, 2017 and September 30, 2018.

B. Grant Procedures, Requirements, and Timeline

       In an effort to achieve greater efficiency and as part of the Employment and Training
       Administration’s (ETA) on-going effort to streamline the grant award process, grantees are
       required to submit the application through Grants.gov at 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 05/31/2019, Office of Management and Budget
        (OMB) Control No. 1225-0086

      SF-424: Application for Federal Assistance, Expiration date 10/31/2019, OMB Control No.
       4040-0004;
      SF-424A: Budget Information -Non-Construction Programs, Expiration Date 01/31/2019,
       OMB Control No. 4040-0006; and
      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 and 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 Notes:
       An electronically submitted SF-424, Application for Federal Assistance through
         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 a period of the Fiscal Year 2018.

          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 5 to this TEGL as guidance for estimated funding.

          FY 2018 Annual Plan Table of Contents

                  Foreign Labor Certification Workload (Attachment 2, Section A)
                  H-2B Program Activities (Attachment 2, Section B)
                  H-2A Program Activities (Attachment 2, Section C)
                  Permanent Labor Certification Program (Attachment 2, Section D)
                  Grantee Contact Information (Attachment 2, Section E)
                  Annual Plan Certification (Attachment 3)

                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-FLC- TEGL-15-17- FY2018 [CFDA # 17.273]. SWAs may find it helpful to
    review their prior grant application package submissions and revisions for completion of the
    FY2018 grant application package.

    To submit the required documents, applicants must follow the “Apply for Grants” link on
    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 Grants.gov and do not find an answer in any of the
other resources, 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 will determine the amount of funding to
be awarded based on several factors, including the amount requested in the grant application,
the amount received and 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 available to
ETA.

After determining the amount to be awarded and verifying the grant application package meets
the established criteria, the OFLC Administrator will recommend approval to the ETA Grants
Officer. After reviewing the approved grant application package from the OFLC
Administrator, the ETA Grant Officer will issue the grant award, including the approved grant
application package and a Notice of Acceptance, to the SWA.

4. Use of FY18 funds. The funding received from the OFLC annual distribution is a cost
reimbursable grant provided to the SWAs. Although Wagner-Peyser allows three years to
spend funds, please note when spending these funds they are for a specific period of
performance based on the TEGL. It is permissible to use Wagner-Peyser funds until OFLC
funds allocated.

Though the period of performance for current FY 2018 grants ends September 30, 2018, ETA
OFLC will continue to measure performance on a 12 month program year. The extra quarter in
the period of performance will allow grantees the flexibility to absorb minor fluctuations in
spending within the three-year cycle without the need to request extensions from year to year.
Grantees must continue to file a Federal Financial Report Form ETA-9130 each quarter for PY
2018 funds until those funds are fully expended or the end of the grant’s period of performance
is reached.

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, you
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 2018 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.

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 hence
    is 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 the foreign labor certification program, such as the 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 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/pdf/ETA-9130-Basic.pdf.

                                        Reporting                      Report
              Fiscal Year
                                         Months                      Due Date*
               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 phone at 202-693-2682.

 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).

      Please note, states 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, states 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 to States 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, Expiration 10/31/2018) 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. You can obtain a copy of the Form ETA-
9127 and instructions at the following Web site:

  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
     Fiscal Year 2018
                                      Months                     Due Date*
         1st Quarter           October – December            January 15, 2018
         2nd Quarter             January – March               April 15, 2018
         3rd Quarter                April – June               July 15, 2018
         4th Quarter             July – September            October 15, 2018
          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 SWA experiences any technical issues submitting the report please contact
  the OFLC Grants/Finance Team at [email protected] or 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 generally 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 transmitted to OFLC as soon as the wage results are completed
(based on the SWA’s wage survey plan) using the following standard forms:

Form ETA-232, Domestic Agricultural In-Season Wage Report (OMB Control No. 1205-
0017, Expiration 1/31/2020) https://www.foreignlaborcert.doleta.gov/pdf/in_season.pdf

Form ETA-232A, Wage Survey Interview Record (OMB Control No. 1205-0017, Expiration
01/31/2020)
https://www.foreignlaborcert.doleta.gov/pdf/ETA%20232A%20Form%20Final_fillable2.pdf

Form 232/232A 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 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 (CNPC)
as soon as the employment practice results are completed. Absent employment practice survey
results, the SWA will be required to conduct ad hoc surveys. The prevailing, normal, or common
practice 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.

Attachment (official PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2018/TEGL_15-17_Attachment_3.pdf)

OMB Approval: 1225-0086
                                                                                               Expiration Date: 05/31/2019
Attachment 3

                             FISCAL YEAR (FY) 2018 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 2018 (October 1, 2017 through September 30,
2018) 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

                                                                                                               Total
   Category of OFLC Program
                                              FY 2017              FY 2018             FY 2018               Estimated
       Services/Activities
                                                                                                              FY 2018
                                             Workload             Workload            Workload               Workload(1)
                                           Actual per ETA 9127                                                add previous 2
                                                                    Completed            Projected
                                                 Report                                                           columns

 A. Number of H-2A agricultural
    clearance job orders processed and
    projected to be processed.
 B. Number of H-2A prevailing wage
    surveys conducted and projected to
    be conducted.
 C. Number of H-2A prevailing practice
    surveys conducted and projected to
    be conducted.
 D. Number of H-2A housing
    inspections conducted and projected
    to be conducted.(2)
 E. Number of H-2A range housing
    inspections conducted and projected
    to be conducted, as required by 20
    CFR 655.230 (if applicable).
 F. Number of H-2B job orders
    processed and projected to be
    processed.
 G. Number of Full Time Equivalent
    (FTE) staff funded by this grant.

(1) Workload includes completed OFLC program services/activities provided and services/activities planned for
    the period between October 1, 2016 and September 30, 2018. 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

B. H-2B Temporary Nonagricultural Program Activities

   Section 214(c)(1) of the INA, 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’s labor exchange system, which is referred to as [insert Labor
       Exchange System name here], is accessible to employers required to place a job order
       in connection with a concurrently filed H-2B Application for Temporary Employment
       Certification with DOL, pursuant 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 regulatory
     required notification 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]

3. 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 655.181,
   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 make every effort to review the
   proposed or draft job order, upon request by the DOL Certifying Officer.

       a. Compliance Review of Job Orders

              The State Agency will notify the DOL Certifying Officer (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 Notice of Acceptance; and

              In circumstances where a timely review of the job by the State Agency order
               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 Notice of Acceptance 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;

               ‒    Promptly place on its active file the job order approved by the DOL CO, as

1
 The Department of Labor Appropriations Act, 2016, Division H, Title I of Public Law 114-113 (“2016
DOL Appropriations Act”), provided that the DOL may not use any funds 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. This limitation is continued in FY2018 Further Continuing and
Security Assistance Act (2018 Continuing Resolution), Public Law 114-254. Therefore, in order to
comply with the 2018 Continuing Resolution, 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 2016 DOL
Appropriations Act and 2018 Continuing Resolution 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 State Workforce Agencies (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 State 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 FLC 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; 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 FLC 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;

        In accordance with 29 CFR 503.7, the State Agency agrees to refer to the appropriate
         office of the Wage Hour Division any complaint or report of a violation received by
         any person of the obligations imposed by 8 U.S.C. 1184(c), INA section 214(c), 20
         CFR part 655, Subpart A, or 29 CFR part 503 covering the geographic area in which
         the reported violation is alleged to have occurred, and provide a copy of such referral
         to the DOL CO at [email protected]; 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. 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-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 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, 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 Certifying Officer.

    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 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;

          The State Agency agrees to respond within three calendar days after receipt of the
           employer’s response; 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 promptly (1) provide written notification (preferably using email) to the
      employer and, if applicable, the employer’s authorized representative and include
      the State Agency’s Job Order Number (if available), 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;

     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.

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. 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 TEGL; and

     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 655.160.

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-232/232A
       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


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 DOL OFLC 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

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, the 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 DOL CNPC regarding whether housing is approved or not
           approved at [email protected]; and

       •   The State Agency agrees to promptly notify the DOL 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 FLC 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

        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 FLC grants that are the subject of this
       TEGL.

E. 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


     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. 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 ● Room 12-200 ● 200 Constitution Ave.,
NW, ● Washington, DC 20210.

Attachment (official PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2018/TEGL_15-17_Attachment_4.pdf)

Attachment 4

                               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 2018 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 (official PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2018/TEGL_15-17_Attachment_5.pdf)

Attachment 5


                         Instructions for Completing the Budget Narrative

For all grantees, use the following guidance below when writing the budget narrative.

IMPORTANT: If a total amount for each line item listed below is included in the narrative,
please be sure the amount in the narrative matches the corresponding line items on the SF-424A,
Application for Federal Assistance.

Personnel: List all staff positions by title (current and proposed). Provide the annual salary of
each position, percentage of each position’s time devoted to the project, the amount of each
position’s salary funded by the grant, and the total personnel cost for the program year.

Fringe Benefits: Provide a breakdown of the amounts and percentages that comprise fringe
benefit costs, such as health insurance, FICA, retirement, etc.

Travel: Specify the purpose, mileage, per diem, estimated number of in-state and out-of-state
trips, and other costs for each type of travel.

Equipment: Identify each item of equipment to be purchased which has an estimated acquisition
cost of $5,000 or more per unit and a useful life of more than one year (see 2 CFR 200.33 for the
definition of equipment). List the quantity and unit cost per item. Items with a unit cost of less
than $5,000 are considered supplies.

Supplies: Supplies include all tangible personal property other than “equipment” (see 2 CFR
200.94 for the definition of supplies). The detailed budget should identify categories of supplies
(e.g. office supplies). List the quantity and unit cost per item.

Contractual: Identify each proposed contract and specific purpose and estimated cost. If
applicable, identify any sub-recipient agreements, including purpose and estimated costs.

Construction: Construction costs are not allowed and this line must be left as zero.

Other: List each item in sufficient detail for us to determine whether the costs are reasonable or
allowable. List any item, such as stipends or incentives, not covered elsewhere.

Indirect Charges: The following link contains DOL specific information:
http://www.dol.gov/oasam/boc/dcd/index.htm.

Attachment (official PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2018/TEGL_15-17_Attachment_6.pdf)

Attachment 6


                                        FY 2017 Funding Levels
    *Last year’s funding levels are provided for reference and may not equate to FY 2018 allocations.


Alabama                                  125,000        Nevada                                   115,000
Alaska                                    76,145        New Hampshire                             53,625
Arizona                                  157,989        New Jersey                               453,925
Arkansas                                  87,591        New Mexico                                74,452
California                             1,500,000        New York                               1,414,021
Colorado                                 241,500        North Carolina                           463,800
Connecticut                              250,191        North Dakota                             169,631
Delaware                                  74,357        Northern Mariana
                                                        Islands                                   65,500
Florida                                  319,743
                                                        Ohio                                     275,000
Georgia                                  491,912
                                                        Oklahoma                                  83,012
Guam                                      71,564
                                                        Oregon                                   294,544
Hawaii                                    71,564
                                                        Pennsylvania                             401,797
Idaho                                    375,000
                                                        Puerto Rico                               65,500
Illinois                                 393,530
                                                        Rhode Island                              76,145
Indiana                                   76,143
                                                        South Carolina                           207,322
Iowa                                     225,000
                                                        South Dakota                              97,460
Kansas                                   108,230
                                                        Tennessee                                200,000
Kentucky                                 319,743
                                                        Texas                                    491,911
Louisiana                                235,965
                                                        Utah                                     118,454
Maine                                    874,664
                                                        Vermont                                  121,048
Maryland                                 433,424
                                                        Virgin Islands                            65,500
Massachusetts                            874,664
                                                        Virginia                                 400,000
Michigan                                 307,306
                                                        Washington                               273,354
Minnesota                                130,000
                                                        Washington DC                             10,000
Mississippi                              140,099
                                                        West Virginia                             43,135
Missouri                                 150,558
                                                        Wisconsin                                155,750
Montana                                  278,811
                                                        Wyoming                                   78,437
Nebraska                                  64,187

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