Foreign labor certification grants under 2007 CR

Accessible letter PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2008/TEGL18-07acc.pdf

CLASSIFICATION
                                                         Foreign Labor Certification
  EMPLOYMENT AND TRAINING ADMINISTRATION
             ADVISORY SYSTEM                             CORRESPONDENCE SYMBOL
        U.S. DEPARTMENT OF LABOR
                                                         OFLC
           Washington, D.C. 20210
                                                         ISSUE DATE
                                                         January 11, 2008

ADVISORY:      FOREIGN LABOR CERTIFICATION
               TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 18-07

TO:            STATE WORKFORCE AGENCY ADMINISTRATORS


FROM:          DOUGLAS F. SMALL /s/
               Deputy Assistant Secretary

SUBJECT:       Fiscal Year (FY) 2008 Alien Labor Certification Grants – State Workforce
               Agency Allocations Under Continuing Budget Resolution Effective
               Through December 31, 2007

1. Purpose. To advise State Workforce Agencies (SWAs) of their Alien Labor
   Certification (ALC) grant allocations under the FY 2008 Continuing Resolution (CR) in
   effect December 22, 2007, through December 31, 2007.

2. References.
   • Immigration and Nationality Act (INA) Sections 101(a), 212(n) and (t), 214(c), and
      218
   • U.S. Citizenship and Immigration Services regulation at 8 CFR 214.2(h)
   • Wagner-Peyser Act Section 7(d)
   • 29 CFR Part 93
   • OMB Circular A-87
   • Employment and Training Administration (ETA) Handbook No. 385, Wage Finding
      Process, August 1981
   • Guide for Employment Service Reimbursable Grant Activities
   • ETA Handbook No. 398, H-2A Program Handbook, January 1988
   • Prevailing Wage Determination Policy Guidance for Nonagricultural Immigration
      Programs, May 2005
   • Training and Employment Guidance Letter No. 04-06
      Subject: Plans to Phase out Penalty Mail Costs for “Employment Security”
      Programs and Availability of Supplemental Budget Funds for Conversion to
      Commercial Mail Methods
   • Other ETA instructions as noted

 RESCISSIONS                                                 EXPIRATION DATE

                                           -2-

3. Background. Each fiscal year, upon the enactment of appropriations legislation for
   the Department of Labor, the Employment and Training Administration (ETA), through
   the Office of Foreign Labor Certification, advises SWAs on the ALC grant distribution
   for the fiscal year, subject to submission and approval of workplans and meeting other
   criteria for funding. ETA guidance is designed to assist SWAs in their financial
   planning and, assuming ETA approves their workplans, to outline each state’s
   procedural and programmatic obligations under the grant.

   The Congress authorized and the President signed a CR to fund Government
   operations at the FY 2007 rate from December 22 through December 31, 2007. Two
   previous CRs funded programs from October 1 through December 21, 2007. With
   respect to the Department of Labor, the CR included funding for state ALC activities
   under the Department’s State Unemployment Insurance Employment Service
   Operations account. The attachment to this TEGL lists the grant allocation for each
   state under that CR.

   Based on longstanding practice, now that the Department has received a final FY 2008
   appropriation, it will issue detailed planning guidance to SWAs. For SWAs planning to
   apply for FY 2008 ALC funding or that have, by the time final guidance issues, used
   ALC funding distributed under an FY 2008 CR, the issuance of the planning guidance
   triggers an obligation to immediately submit a workplan in order to demonstrate
   continuing eligibility under the annual grant.

   Following the issuance of this TEGL, SWAs will receive additional information from the
   ETA Office of Grants and Contracts Management as their respective allocations
   become available for their use.

4. Effective Date. This guidance is effective immediately.

5. Action Required. SWA Administrators are directed to provide SWA staff involved in
   foreign labor certification activities with a copy of these procedures.

6. Inquiries. Grant funding questions should be directed to Julie Cerruti at (202) 693-3010.
   Program-related questions should be directed to Brian Pasternak at (202) 693-3010.

7. Attachment.

Attachment PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2008/TEGL18-07a1.pdf

FY 2008 Foreign Labor Certification Grant Allocations
Under Continuining Budget Resolution in Effect December 22 - December 31, 2007


          State Workforce Agency            FY 2008 -- 4th CR Distribution
Alabama                                                                   1,687
Alaska                                                                    1,542
Arizona                                                                   5,777
Arkansas                                                                  1,783
California                                                               52,673
Colorado                                                                  5,022
Connecticut                                                               5,626
Delaware                                                                  2,140
Florida                                                                  12,704
Georgia                                                                  11,819
Guam                                                                      1,446
Hawaii                                                                    1,446
Idaho                                                                     4,592
Illinois                                                                  9,174
Indiana                                                                   1,542
Iowa                                                                      1,735
Kansas                                                                    2,595
Kentucky                                                                  7,102
Louisiana                                                                 3,526
Maine                                                                     6,315
Maryland                                                                 11,024
Massachusetts                                                            16,718
Michigan                                                                  6,407
Minnesota                                                                 2,185
Mississippi                                                               2,024
Missouri                                                                  2,696
Montana                                                                   1,639
Nebraska                                                                  2,273
Nevada                                                                    1,743
New Hampshire                                                             1,889
New Jersey                                                               13,073
New Mexico                                                                1,783
New York                                                                 29,759
North Carolina                                                            4,394
North Dakota                                                              1,973
Ohio                                                                      4,426
Oklahoma                                                                  1,687
Oregon                                                                    1,875
Pennsylvania                                                             12,167
Puerto Rico                                                               1,446
Rhode Island                                                              1,542
South Carolina                                                            1,942
South Dakota                                                              1,735
Tennessee                                                                 3,618
Texas                                                                    20,421
Utah                                                                      2,142
Vermont                                                                   2,205
Virgin Islands                                                            1,446
Virginia                                                                 18,376
Washington                                                                4,526
Washington DC                                                             2,545
West Virginia                                                             1,590
Wisconsin                                                                 2,767
Wyoming                                                                   1,590
Total                                                                   327,869