FY 2026 foreign labor certification grant allotments, Change 1

CLASSIFICATION
  EMPLOYMENT AND TRAINING ADMINISTRATION               Foreign Labor Certification
              ADVISORY SYSTEM                          CORRESPONDENCE SYMBOL
         U.S. DEPARTMENT OF LABOR                      OFLC
            Washington, D.C. 20210                     DATE
                                                       May 12, 2026

ADVISORY:         TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 15-24,
                  CHANGE 1

TO:               STATE WORKFORCE AGENCIES
                  STATE WORKFORCE ADMINISTRATORS

FROM:            HENRY MACK, ED.D.
                 Assistant Secretary

SUBJECT:          Change 1 to Training and Employment Guidance Letter No. 15-24, Foreign
                  Labor Certification Grant Planning Guidance for Fiscal Year 2026

1. Purpose. To communicate allotment amounts for Fiscal Year (FY) 2026 foreign labor
   certification grants and explain updated application requirements to State Workforce Agencies
   (SWA). The rest of Training and Employment Guidance Letter (TEGL) No. 15-24 remains the
   same.

2. Action Requested. SWA Administrators are requested to share this guidance within their
   respective organizations to ensure that fiscal and programmatic staff are aware that FY 2026
   allotments are available. SWAs must submit applications within 30 days of this guidance being
   issued. Applications must meet the application requirements detailed in Attachment I.

3. Summary and Background.

   a. Summary – This Change 1 to Training and Employment Guidance Letter (TEGL) No. 15-
      24 provides updated application guidance and the SWAs’ FY 2026 grant allotments for
      foreign labor certification activities.

   b. Background – The mission of ETA’s Office of Foreign Labor Certification (OFLC) is to
      determine, on a case-by-case basis, whether there are able, willing, and qualified U.S.
      workers available for a job, and whether there will be adverse impact on the wages and
      working conditions of similarly employed U.S. workers should a labor certification be
      granted. The Immigration and Nationality Act and the Northern Mariana Islands U.S.
      Workforce Act of 2018 (Workforce Act) assign certain responsibilities to the Secretary of
      Labor (Secretary) for employment-based immigration programs. The Secretary has
      delegated the non-enforcement responsibilities of these labor certification programs to
      OFLC.

RESCISSIONS                                           EXPIRATION DATE
None                                                  Continuing

       Accordingly, statutory and regulatory provisions of foreign labor certification programs
       administered by OFLC generally require employers seeking to hire foreign labor on a
       permanent or temporary basis to apply to the Secretary for a labor certification. ETA
       provides annual grants to each SWA based on their 3-year strategic grant plan to support
       required state-level foreign labor certification activities. These activities include, but are not
       limited to, reviewing and placing job orders (for H-2A and H-2B) and job vacancy
       announcements (for CW-1) to recruit U.S. workers; providing assistance to employers in the
       effective recruitment of U.S. workers; conducting safety inspections of employer-provided
       housing for H-2A agricultural workers and workers in corresponding employment;
       performing prevailing practice and wage surveys used to set the wages and working
       standards for occupations within the state; conducting the Commonwealth of the Northern
       Mariana Islands (CNMI) governor’s survey for CW-1; and conducting post-certification site
       visits to support employer compliance with H-2A and H-2B program requirements.

4. Content. See Attachment I for updated application guidance and Attachment II for the FY 2026
   Grant Allotments.

5. General Administration. With their FY 2026 grant allotments, SWAs are responsible for
   carrying out foreign labor certification activities outlined in the FY 2025 – 2027 Strategic Grant
   Plan (See Attachment III of TEGL 15-24, available here:
   https://www.dol.gov/agencies/eta/advisories/tegl-15-24).

6. Inquiries. SWA staff should direct all grant-related questions to OFLC at
   [email protected].

7. References.
    • Immigration and Nationality Act, as amended, 8 U.S.C. 1101(a),
       1182(a)(5)(A), 1184(c), and 1188;
    • Approval of Covenant to Establish a Commonwealth of the Northern Mariana
       Islands, 48 U.S.C. 1801, 1806;
    • Wagner-Peyser Act, 29 U.S.C. 49f(d);
    • U.S. Citizenship and Immigration Services regulations at 8 Code of Federal Regulations
       (CFR) Part 214;
    • 20 CFR Parts 653, subpart F; 654, subpart E; 655, subparts A, B and E; 656; and 658;
    • ETA H-2A Program Handbook No. 398, January 1988;
    • 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and
       Audit Requirements for Federal Awards;
    • 2 CFR Part 2900, Uniform Administrative Requirements, Cost Principles,
       and Audit Requirements for Federal Awards, Department of Labor; and
    • Full-Year Continuing Appropriations and Extensions Act, 2025 (H.R.
       1968).

8. Attachment(s).
    • Attachment I:       FY 2026 Application Guidance
    • Attachment II:      FY 2026 Grant Allotments

                                                                                             Attachment I

                                       FY 2026 Application Guidance

All documents specified in Attachment I (Program Planning Guidance and Information Package) of
TEGL15-24 must be provided as a new and complete application through the www.grants.gov
portal according to submission requirements specified in the attachment, except for the Three-
Year Strategic Grant Plan, which is already approved and should not be resubmitted.

The following documents will still be required as part of the SWAs submission package:

      • SF-424: Application for Federal Assistance, Expiration date 3/31/2029, OMB Control No.
      4040-0004.

      • SF-424A: Budget Information, Non-Construction Programs, Expiration Date 6/30/2028,
      OMB Control No. 4040-0006.

      • Budget Narrative to explain the projected costs reflected in each line item of the SF424A,
      demonstrating how grant funds will be used.

      • Indirect Cost Rate Agreement (if applicable).

SWAs should reference Attachment I of TEGL 15-24 for complete guidance, and contact OFLC at
[email protected] with any questions.

Grant Use. The expenditure period for FY 2026 FLC State Grants is October 1, 2025, to September 30,
2028.

                                                                                  Attachment II

                                  FY 2026 Grant Allotments

Allotment Formula.: The funding authorized for foreign labor certification state grants in the
Consolidated Appropriations Act, 2026 was allocated to the SWAs as described below:

1. Base Allocation: With limited exceptions, a base allocation was allocated to each SWA
   commensurate with its base allocation for the previous fiscal year and the level of obligations
   made under its active foreign labor certification grants. The exceptions are comprised of
   SWAs meeting each of the following criteria:

       a. the SWA processed an annual average of less than five clearance orders attached to
          H-2A applications during the three most recently completed fiscal years (FY 2023-
          2025);

       b. the SWA processed an annual average of less than five H-2B job orders during the
          three most recently completed fiscal years; and,

       c. an annual average of less than five housing units were identified on clearance orders
          attached to H-2A applications processed by the SWA during the three most recently
          completed fiscal years.

   In circumstances where a SWA’s workload met all three of these aforementioned factors, the
   SWA was allocated $5,000 to support the costs associated with processing this minimal level
   of foreign labor certification workload. The SWAs meeting these criteria were Guam and the
   Virgin Islands.

2. Workload Allocation: In addition to its base allocation, each SWA, except those meeting the
   criteria described above, was allocated an additional ongoing amount based on its share of
   the national foreign labor certification workload. Each SWA’s workload allocation was
   determined in the following manner:

       a. One-third of the additional allocation was based on each SWA’s proportion of the
          estimated national H-2A housing inspection workload. This was defined as the total
          number of housing units identified on clearance orders attached to H-2A applications
          processed during the three most recently completed fiscal years (FY 2023-2025) and
          located in the jurisdiction of the SWA, divided by the total number of housing units
          identified on clearance orders attached to H-2A applications processed by all
          SWAs during the three most recently completed fiscal years.

       b. Two-thirds of the additional allocation was based on each SWA’s share of the
          national workload associated with reviewing and posting H-2A and H-2B job orders
          during the three most recently completed fiscal years (FY 2023 – 2025).

           •   Seventy percent of this amount was allocated based on each SWA’s share of the
               total clearance orders attached to H-2A applications processed during the three
               most recently completed fiscal years (FY 2023 – 2025). For example, if SWA 1
               processed five percent of the total nationwide clearance orders attached to H-2A
               applications processed during the three most recently completed fiscal years, then
               SWA 1 would receive five percent of the funding allocated on this basis. Because
               SWA reviews of clearance orders attached to H-2A applications have
               significantly more complex regulatory requirements than SWA reviews of H-2B
               job orders, a higher percentage of the available resources were allocated on the
               basis of clearance orders attached to H-2A applications than on H-2B job orders.

           •   The remaining thirty percent was allocated based on each SWA’s share of the
               total H-2B job orders processed during the three most recently completed fiscal
               years (FY 2023 – 2025). For example, if SWA 1 processed five percent of the
               total nationwide H-2B job orders processed during the three most recent fiscal
               years, then SWA 1 would receive five percent of the funding allocated based on
               H-2B job orders.

3. Total Grant Allocation: The combined total of each SWA’s base allocation and ongoing
   workload allocation comprises the SWA’s total FY 2026 grant award. The SWA’s grant
   allocation may be reduced if substantial balances from prior years’ grants remain available
   for use.

4. Data Sources: The data sources used to determine the funding allocations are available in the
   OFLC disclosure data published at www.dol.gov/agencies/eta/foreign-labor/performance.
   Housing unit data was derived from Form ETA-790A, Addendum B. Data from the three
   most recently completed fiscal years was used for the workload factors to more accurately
   reflect long-term trends.

          FY 2026 Appropriations: $23,282,000
*The funding amount below must be indicated on the SF-424 and SF-424A

                                               FY 2026 Grant:
          Total                                  $23,282,000
          Alabama                                    $210,914
          Alaska                                      $98,075
          Arizona                                    $360,747
          Arkansas                                   $400,902
          California                               $2,211,046
          CNMI                                        $37,334
          Colorado                                   $491,477
          Connecticut                                $209,024
          Delaware                                    $81,597
          District of Columbia                         $5,654
          Florida                                  $1,075,646
          Georgia                                    $923,606
          Hawaii                                      $75,943
          Idaho                                      $479,169
          Illinois                                   $503,226
          Indiana                                    $216,043
          Iowa                                       $415,993
          Kansas                                     $278,771
          Kentucky                                   $633,840
          Louisiana                                  $599,408
          Maine                                      $403,426
          Maryland                                   $447,603
          Massachusetts                              $374,690
          Michigan                                   $658,838
          Minnesota                                  $310,968
          Mississippi                                $352,934
          Missouri                                   $309,980
          Montana                                    $494,357
          Nebraska                                   $275,802
          Nevada                                     $242,164
          New Hampshire                               $95,306
          New Jersey                                 $514,664
          New Mexico                                 $128,856
          New York                                 $1,783,093
          North Carolina                             $807,999

North Dakota              $565,389
Ohio                      $489,202
Oklahoma                  $169,793
Oregon                    $422,182
Pennsylvania              $585,593
Puerto Rico                $37,065
Rhode Island               $90,461
South Carolina            $412,080
South Dakota              $299,252
Tennessee                 $409,853
Texas                   $1,135,546
Utah                      $301,861
Vermont                   $182,659
Virgin Islands              $5,000
Virginia                  $585,455
Washington                $597,365
West Virginia              $67,597
Wisconsin                 $243,714
Wyoming                   $172,838