Fiscal year 2006 alien labor certification grants

Signed letter (https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2006/TEGL21-05.pdf):

EMPLOYMENT AND TRAINING ADMINISTRATION ADVISORY SYSTEM
U.S. DEPARTMENT OF LABOR, Washington, D.C. 20210
CLASSIFICATION: Alien Labor Certification
CORRESPONDENCE SYMBOL: ONP/DFLC
DATE: March 14, 2006
ADVISORY: TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 21-05
TO: STATE WORKFORCE AGENCIES
FROM: EMILY STOVER DeROCCO, Assistant Secretary for Employment and Training
SUBJECT: FISCAL YEAR (FY) 2006 ALIEN LABOR CERTIFICATION GRANT GUIDANCE
RESCISSIONS: None
EXPIRATION DATE: Continuing

1. Purpose. To provide guidance for the funding and management of FY 2006 annual grant allocations for the Alien Labor Certification (ALC) program.

2. References.
• Immigration and Nationality Act (INA), Section 101(a), 212(n), 214(c), and 218
• 8 CFR 214
• The Wagner-Peyser Act, Section 7(d)
• 29 CFR Part 93
• OMB Circular A-87
• Employment and Training Administration (ETA) Handbook No. 385
• Guide for Employment Service Reimbursable Grant Activities
• ETA No. 398, H-2A Program Handbook, January 1988
• Prevailing Wage Determination Policy Guidance for Nonagricultural Immigration Programs, May 2005
• Other ETA instructions as noted

3. Background. The purpose of this memorandum is to define the roles State Workforce Agencies (SWAs) play in the ALC program, the amount of funding that will be allocated to support these activities, the necessary actions to request the funds, and the required steps to comply with the grant.

4. Actions. SWAs are required to complete the actions listed below.
• Respond to these guidelines within thirty (30) days of receipt to ensure allocation of remaining grant funds.
• Establish program priorities by identifying how program funds would best be utilized and by splitting the grant allocation between agricultural and nonagricultural activities.
• Inform the National Office via written communication of the proposed program priorities and the split that will be used to allocate funds between agricultural and nonagricultural activities.

5. Mailing Address. Mail completed work plans to Mr. Greg Wilson, U.S. Department of Labor, Division of Foreign Labor Certification, Room C-4312, 200 Constitution Avenue, NW, Washington, D.C. 20210.

6. Inquiries. Grant funding questions should be directed to Mr. Greg Wilson at (202) 693-2954. All program-related questions should be directed to Ms. Leticia Sierra at (202) 693-3749.

7. Attachments.
1. Grant Guidance and Information Package
2. FY 2006 ALC Funding Levels
3. ALC Statement of Work and Work Plan
4. Major SWA Responsibilities for the ALC Agricultural Program
5. Major SWA Responsibilities for the ALC Non-Agricultural Programs
6. Annual Plan Procedures
7. Costing of H-2A Activities
8. Contact Information

Attachments 1–8 (https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2006/TEGL21-05_Attach1.pdf):

Attachment No.: 1
                             Grant Guidance and Information Package

Introduction
This document provides the necessary guidelines to be used by State Workforce Agencies (SWAs) to
request funds in order to administer their Alien Labor Certification (ALC) responsibilities.

Wagner-Peyser funding allocations for SWA National Activities in Fiscal Year (FY) 2006 are to support
prevailing wage activities and for the temporary agricultural and non-agricultural ALC programs. The
appropriated funds for state ALC activities are approximately $13,000,000. Of this amount, $377,364 was
assessed for postage and $2,546,491 was provided in December during the Continuing Resolution
period. This guidance package coincides with the distribution of the remaining funds. Each SWA’s total
FY 2006 funding (see Attachment 2) is similar to their planning figure provided in the Training and
Employment Guidance Letter (TEGL) number 11-05, titled “Fiscal Year 2006 Foreign Labor Certification
Grant Planning Figures,” issued January 23, 2006.

FY 2006 Annual Plan
The procedures for submission of the twelve (12) month plan (October 1, 2005, through September 30,
2006) are provided in Attachment 6. Upon receipt and approval of the plan at the national office (Division
of Foreign Labor Certification), the National Office Grant Officer (Division of Federal Assistance) will issue
an additional Notice of Obligation to provide the balance of funds due to each state from its annual
allocation.

In FY 2006, SWAs are responsible for the following labor certification activities:

    •   Providing prevailing wage determinations for all non-agricultural labor certification programs in
        accordance with the Prevailing Wage Determination Policy Guidance for Nonagricultural
        Immigration Programs;
    •   Processing H-2B temporary non-agricultural labor certification applications in accordance with
        existing policy; and
    •   Receiving new applications for H-2A temporary agricultural labor certification, performing
        prevailing wage and prevailing practice surveys, ensuring housing inspections are conducted,
        and processing job orders.

SWAs are to issue prevailing wage determinations to employers to accompany their applications for
permanent labor certification. These wage determinations are to be provided in a responsive and timely
manner. All other functions of permanent labor certification will be performed by the National Processing
Centers in Atlanta and Chicago.

National Office Responsibilities
The national office responsibilities include the review and approval of the grant plan applications, analysis
of expenditure and performance data, execution of programmatic plan modifications, and on-site reviews.
States are advised to administer the plan in accordance with the approved plan and the terms and
conditions of the Wagner-Peyser Annual Funding Agreement. The National Office Grant Officer funding
authority remains with the national office, Division of Federal Assistance.

Labor certification funds are provided for labor certification activities only and cannot be used for other
Wagner-Peyser activities, such as the routine referral of workers on job bank orders, Migrant Seasonal
Farmworker (MSFW) activities, and processing of complaints under the SWA complaint system.

SWA Responsibilities
SWAs are responsible for administering grant funds for ALC programs within established guidelines.
These responsibilities include:

1. Certifications and Assurances.
   Regulations require recipients of SWA grants to submit various standard certifications and
   assurances. These have already been provided under the PY2005/FY 2006 Wagner-Peyser Annual
   Funding Agreement. Current SWA regulations at 20 CFR, Part 658, Subpart E (20 CFR 658.400-
   658-426) cover the complaint and appeals procedures. Regulations at 20 CFR, Part 653, Subpart F
   and 20 CFR, Part 654, Subpart E apply to housing inspection activities under the reimbursable grant.
   Other applicable regulatory provisions and special assurances are incorporated in the Statements of
   Work (attached).

2. Utilize Mandated Forms for Inter-Agency Communications.
   SWAs must utilize the proper formats to ensure uniform communications. These formats include, but
   may not be limited to, the following:

    •   Form ETA-7147
        Form ETA-7147 is the Alien Certification State Agency Transmittal of Application for an alien
        employment certification.

    •   Form ETA-232
        Form ETA-232 is the Domestic Agricultural In-Season Wage Report.

    •   Other ETA forms that contain a valid Office of Management and Budget (OMB) control number
        and expiration date.

3. Reporting Responsibilities.
   The required reports are listed below:

    •   SF-269
        The SF-269 is the Financial Status Report and must be submitted by the SWA on a quarterly
        basis for each fiscal year of funds.

4. Fiscal Management Responsibilities.
   The national office will retain flexibility to recommend the modification of the negotiated split of ALC
   funds between agricultural and non-agricultural ALC activities for a given state. Modifications should
   be communicated to the Federal Project Officer for approval.

    National office approval must be obtained for all equipment purchases made using ALC funds that
    are above three thousand dollars ($3,000) in value. If such requests are included in the work plan
    and are clearly detailed in a cover memorandum, the national office can pre-approve the purchases.
    Otherwise, states must provide a written justification and cost estimate for the purchase(s). The
    national office will generally not approve capital purchases such as buildings and vehicles.

    Although Employment Service (ES) grants are valid for three (3) years, ALC grants are intended to be
    used during the fiscal year that they are issued. Any carry over funds in excess of twenty (20)
    percent of the total grant value are subject to recuperation by the national office. See the
    Employment and Training Order “Closeout Procedures for ETA Expired Grants, Agreements, and
    National Office Contracts” for information regarding the procedures for closing grants.

5. Training.
   SWAs are required to send appropriate staff to program training, when such training is offered. The
   costs of SWA travel to regional and national meetings and training sessions are included in grant
   funds. Attendance at these sessions is a condition of the grant. If SWAs do not attend mandatory
   meetings, funds may be recaptured.

Conclusion
Grant funding balances will be issued to SWAs as soon as possible. The National Office Grant Officer
will issue a Notice of Obligation (NOO) to SWAs upon approval of the SWA Alien Labor Certification Plan.
Budgets can only be approved for annual plans after the national office (Division of Foreign Labor

Certification) has approved the Statement of Work and Work Plans for the Agricultural/Non-Agricultural
programs.

Attachment No.: 2

                                  FY 2006 ALC Funding Levels*

Atlanta National Processing Center                      Chicago National Processing Center
U.S. Department of Labor                                U.S. Department of Labor
Employment and Training Administration                  Employment and Training Administration
Harris Tower                                            844 North Rush Street, 12th Floor
233 Peachtree Street, Suite 410                         Chicago, Illinois 60611
Atlanta, Georgia 30303                                  Phone: (312) 886-8000
Phone: (404) 893-0101                                   Fax:   (312) 886-1688
Fax:     (404) 893-4642

Alabama                       $ 61,736                  Alaska                       $ 56,444
Connecticut                   $ 205,913                 Arizona                      $ 211,445
Delaware                      $ 78,340                  Arkansas                     $ 65,263
Florida                       $ 464,953                 California                   $ 1,927,833
Georgia                       $ 432,559                 Colorado                     $ 183,798
Kentucky                      $ 259,925                 Guam                         $ 52,916
Maine                         $ 231,125                 Hawaii                       $ 52,916
Maryland                      $ 403,462                 Idaho                        $ 168,081
Massachusetts                 $ 611,866                 Illinois                     $ 335,766
Mississippi                   $ 74,083                  Indiana                      $ 56,444
New Hampshire                 $ 69,141                  Iowa                         $ 63,500
New Jersey                    $ 478,463                 Kansas                       $ 94,983
New York                      $ 1,089,162               Louisiana                    $ 129,045
North Carolina                $ 160,815                 Michigan                     $ 234,481
Pennsylvania                  $ 445,296                 Minnesota                    $ 79,958
Puerto Rico                   $ 52,916                  Missouri                     $ 98,682
Rhode Island                  $ 56,444                  Montana                      $ 59,972
South Carolina                $ 71,086                  Nebraska                     $ 83,193
Tennessee                     $ 132,405                 Nevada                       $ 63,789
Vermont                       $ 80,685                  New Mexico                   $ 65,263
Virgin Islands                $ 52,916                  North Dakota                 $ 72,220
Virginia                      $ 672,577                 Ohio                         $ 161,984
Washington DC                 $ 93,155                  Oklahoma                     $ 61,736
West Virginia                 $ 58,208                  Oregon                       $ 68,637
                                                        South Dakota                 $ 63,500
                                                        Texas                        $ 747,396
                                                        Utah                         $ 78,391
                                                        Washington                   $ 165,651
                                                        Wisconsin                    $ 101,274
                                                        Wyoming                      $ 58,208

* = Amount includes funds distributed in December during the Continual Resolution period.

Attachment No.: 3
                              ALC Statement of Work and Work Plan

As a condition for receiving funds in support of the Secretary of Labor’s responsibilities under Sections
101(a)(15)(H)(i)(b) and 212(n), Sections 101(a)(15)(H)(ii)(a) and 218, and Section 212(a)(5)(A) of the
Immigration and Nationality Act (Act), under the United States Citizenship and Immigration Services
(USCIS) regulations at 8 CFR 214.2(h)(6) under Sections 101(a)(15)(H)(ii)(b) and 214(c) of the Act, under
Section 221 of the Immigration Act of 1990, and under Department of Labor (DOL) regulations at 20 CFR
parts 655 and 656,       ( agency name)            agrees to assist the Employment and Training
Administration (ETA) to determine the availability of U.S. workers and the potential adverse effect on
wages and working conditions that the admission of alien workers might have on similarly employed U.S.
workers before employers can obtain a labor certification, and agrees to assist ETA by conducting
appropriate agricultural surveys and providing wage determination information to employers wishing to file
or update a labor attestation or labor condition application.

The sections of the Act and regulations cited above relate to DOL programs involving foreign workers as
follows:

    o   Section 101(a)(15)(H)(i)(b) (8 U.S.C. 1101(a)(15)(H)(i)(b)), called H-1B nonimmigrant
        classification, applies to professionals in specialty occupations and certain models; Section
        212(n) (8 U.S.C. 1182(n)), specifies the requirements or labor condition applications which must
        be filed by employers seeking to employ such workers.

    o   Section 101(a)(15)(H)(ii)(a) (8 U.S.C. 1101(a)(15)(H)(ii)(a)), called H-2A nonimmigrant
        classification, applies to agricultural workers; Section 218 (8 U.S.C. 1188) specifies the conditions
        for admission of temporary H-2A workers. DOL regulations at 20 CFR part 655 specify the labor
        certification requirements.

    o   Section 101(a)(15)(H)(ii)(b) (8 U.S.C. 1101(a)(15)(H)(ii)(b)), called H-2B nonimmigrant
        classification, applies to temporary non-agricultural workers. USCIS regulations at 8 CFR
        214.2(h)(6) and section 214(c) of the Act require consultation with DOL before aliens are admitted
        to the United States. The regulations for the H-2B program are found in DOL regulations at 20
        CFR part 655. Procedures pursuant to those regulations are documented in General
        Administration Letter (GAL) No. 1-95; GAL No. 1-95, Change 1; and Field Memorandum No. 25-
        98. The H-2B program is authorized only if two conditions are met:
             • The alien must be coming temporarily to the U.S., and
             • The services or labor which the alien will be performing must also be temporary in nature.

    o   Section 212(a)(5)(A) requires a labor certification from the Secretary of Labor for permanent
        employment of aliens in the United States. DOL regulations at 20 CFR part 656.40 specify the
        requirements for determining the prevailing wage.

State Workforce Agency Requirements and Responsibilities

( Agency Name ) shall:
   • Provide prevailing wage determinations for all non-agricultural labor certification programs in
      accordance with the Prevailing Wage Determination Policy Guidance for Nonagricultural
      Immigration Programs;

    •   Process H-2B temporary non-agricultural labor certification applications in accordance with
        existing policy; and

    •   Receive new applications for H-2A temporary agricultural labor certification, performing prevailing
        wage and prevailing practice surveys, ensuring housing inspections are conducted, and
        processing job orders.

SWAs are to issue prevailing wage determinations to employers to accompany their applications for
permanent labor certification. These wage determinations are to be provided in a responsive and timely
manner. All other functions of permanent labor certification will be performed by the National Processing
Centers in Atlanta and Chicago.

1. SWA Responsibilities under Labor Certification Programs.

    Employers requesting H-2A temporary agricultural certification or H-2B temporary non-agricultural
    certification for alien workers are required to do the following:

    •   Demonstrate that they have attempted to recruit U.S. workers through advertising, the State
        Workforce System, and/or by other specified means.

    •   Offer prevailing wages and working conditions that will not adversely affect similarly employed
        U.S. workers.

    •   Fulfill the duties listed in regulation 20 CFR 656.21 listed below:

            o   Performing initial processing of non-agricultural applications
            o   Conducting special recruitment (outside of regular workforce agency recruitment and
                referral activities) for U.S. workers
            o   Conducting prevailing wage surveys for agricultural occupations
            o   Determining prevailing wage rates using the Occupational Employment Statistics system
                and review of employer supplied surveys
            o   Preparing Form ETA 232 reports
            o   Obtaining data needed for making prevailing practice determinations
            o   Submitting required reports
            o   Gathering other information which forms the basis for Division of Foreign Labor
                Certification determinations to grant or deny labor certifications

2. SWA Responsibilities under Labor Attestation and Labor Condition Application Programs.

    Employers filing labor condition applications for H-1B, H-1B1, or E-3 nonimmigrant workers must file
    their application electronically via the Department of Labor’s website at http://www.lca.doleta.gov/.
    Employers filing labor condition applications have the option of requesting prevailing wage data from
    the SWA or using other legitimate sources such as appropriate published wage surveys.

    If requested to do so, the SWA must provide to employers or their representatives requesting such
    information the prevailing wage data for the occupation in the area of intended employment. This
    wage determination must be made from the Occupational Employment Statistics data unless the
    SWA is requested by an employer or employer’s representative to review a survey provided for
    prevailing wage purposes to determine if the survey meets standards published by DOL. If so
    requested, the SWA must inform the employer or the employer’s representative if the survey may be
    used as the prevailing wage in that instance.

3. Special Assurances.

   •   Services provided for activities shall conform with regulations at 20 CFR parts 655 and 656; field
       issuances, and other instructions issued by DOL; ETA Handbook No. 398 (H-2A Program
       Handbook); ETA Handbook No. 385 (Employment Service Forms Preparation Handbook),
       General Administration Letter (GAL) No. 1-95, "Procedures for H-2B Temporary Labor
       Certifications in Non-Agricultural Occupations" (November 10, 1994); GAL No. 1-95, Change 1,
       "Procedures for H-2B Temporary Labor Certifications in Non-Agricultural Occupations”
       (December 1997); Field Memorandum No. 25-98, “H-2B Temporary Non-Agricultural Labor
       Certification Program Requirements” (April 1998); and Training and Employment Guidance Letter
       No. 4-03, “Procedures for Temporary Labor Certification in the Entertainment Industry.”

   •   Services provided for temporary agricultural and logging alien certification activity shall conform
       with regulations at 20 CFR part 655, handbooks, field issuances, and other instructions issued by
       DOL, e.g., ETA Handbook No. 398, issued March 4, 1988.

   •   Summary data relating to prev ailing wage surveys conducted by the SWA shall be released to
       those who request it. However, data identifying, or which might contain information leading to the
       identification of a specific employer surveyed shall not be released by the SWA, since such action
       could result in possible competitive damage to the employer and could inhibit the employer from
       cooperating in future surveys.

   •   The state shall assure that job orders placed into the regular SWA recruitment system pursuant to
       regulations at 20 CFR 656.21(f) do not contain symbols or words which identify the job order as
       an alien certification order, and that SWA staff are instructed to refrain from discouraging U.S.
       workers who seek referral to employers on such job orders.

   •   Contracting out any aspects of the ALC programs will not be allowed without a pre-approval in
       writing from the national office. If such requests are included in the work plan and are clearly
       detailed in a cover memorandum, the national office can provide pre-approval. Otherwise, states
       must provide a written justification and cost estimate.

   •   Advertisements, though they must include many specific elements of information, should be
       written in a style consistent with non-ALC advertisements, organized, titled, and placed in a
       logical section of the publication so as to reach the maximum number of U.S. workers.

4. Allowable Costs.

   •   Costs may be attributed to activities directly in support of the ALC programs (regulations at 20
       CFR part 656; 20 CFR part 655, subparts A, B, C, and H), including costs for all activities related
       to the preparation of and submittal of ETA 232 and ETA 9037 reports, and for indirect support as
       a fair share of overhead.

   •   Regular workforce agency activities under Wagner-Peyser, such as referring workers to job bank
       orders, migrant and seasonal farmworker recruitment, and the processing of complaints under the
       SWA complaint system, are not allowable costs unless the activity can be directly attributed to
       extraordinary functions in the processing of a specific labor certification application.

5. Performance Standards.

   •   The state’s performance shall be reviewed according to labor certification GAL No. 1-95,
       "Procedures for H-2B Temporary Labor Certifications in Non-Agricultural Occupations"
       (November 10, 1994), Field Memorandum No. 25-98, “H-2B Temporary Non-Agricultural Labor
       Certification Program Requirements” (April 1998), “Prevailing Wage Determination Policy
       Guidance for Nonagricultural Immigration Programs” (May 2005); ETA Handbooks Nos. 398 and
       385; and any subsequent ETA advisories concerning alien certification activities. Fund utilization
       will be reviewed against the Funding Plan and actual workload levels, and when expenditures are
       significantly below plan, ETA may de-obligate funds for redistribution.

   •       The state shall continue to staff prevailing wage activities for labor certification/attestation
           programs with individuals who have relevant skills. Current programs, however, require
           enhanced knowledge, skills, and expertise in evaluating prevailing wage surveys and in making
           prevailing wage determinations. To increase the state’s capacity to perform this work, and to
           assure credibility, validity, and reliability of wage surveys and determinations, state allocations
           include funding to support a prevailing wage expert function. In states with a small labor
           certification workload, it is appropriate for that function to be filled on a part-time basis. Each
           state shall:

             1.    Staff this function with an individual who has at least a bachelor’s degree in statistics or
                   economics, or a degree in another field with a minimum of six (6) hours in statistics, and
                   at least two years of experience in data collection, statistical analysis, sampling
                   techniques, labor market analysis, or conducting wage surveys and classifying jobs.

             2.    Make the incumbent responsible for implementing national prevailing wage policies,
                   evaluating prevailing wage surveys for labor certification/attestation programs, training
                   other staff, responding to prevailing wage issues and challenges, and giving expert
                   testimony in litigation cases.

   •       When requested by the national office/national processing center, states shall ensure that
           appropriate labor certification staff travel within or outside the state to attend meetings, training
           sessions, speaking engagements, or other activities deemed necessary by the national office to
           carry out effective program operations. Travel for such activities is accounted for within program
           funding levels.

   •       The state shall continue to maintain an automated Alien Certification Processing System(s) for
           receiving and tracking applications, writing letters, and maintaining a prevailing wage database.

   •       Due to continued growth of the H-2B non-agricultural temporary labor program, states are
           expected to initially screen each H-2B application to ensure that the employer’s need for the
           duties to be performed is truly temporary. That need may be neither ongoing nor continuous.
           The employer has the burden of establishing the facts necessary to support such a finding in the
           application. States should immediately consult with their respective national processing center
           when there is doubt. Because of the need to make a determination on applications within 60
           days of receipt by states, the state is responsible for informing its Certifying Officer regarding the
           status of the H-2B case workload on a monthly basis to ensure timely completion. H-2B
           applications should be processed in an expedited manner and processed applications
           should be transmitted to the Certifying Officer within 30 days from the date the application
           was received by the state.

6. Reporting Requirements.

       •     Basic reporting requirements for Labor Certification include financial and program reporting
             requirements as specified by ETA. The required program reports, including the ETA 232
             reports, will be submitted in accordance with ETA Handbook No. 385 and ETA Handbook No.
             398.

       •     Financial reports relating to staff time and other charges to the alien certification reimbursable
             grant shall be available to national office staff. Inappropriate charges shall be questioned and
             may be disallowed.

       •     Informally, states will report to the field office increases in H-2A and H-2B activity. In addition,
             states should report all new occupations or crop activity for these programs.

                                             ENCLOSURE I

                              Work Plan (Attached to Statement of Work)

  (Agency Name)           shall prepare a narrative plan which explains how it will deliver labor
certification/attestation services in FY 2006. This narrative should include, at a minimum, the following:

A. The projected number of job orders related to temporary agricultural alien certification applications to
   be processed.

B. The projected number of temporary non-agricultural alien certification applications to be processed.

C. The projected number of prevailing wage surveys to be conducted in agricultural activities, including
   projected wage surveys in anticipation of H-2A requests (this includes logging).

D. The projected number of housing inspections to be conducted in anticipation of H-2A orders (this
   includes logging).

E. The projected number of prevailing wage determinations to be provided to employers for non-
   agricultural occupations by the following categories: Permanent program; H-1B nonimmigrant
   program; and H-2B program.

F. Any plans for changes in existing operations, including the prevailing wage program, which will
   substantially affect negotiated goals.

                                              ENCLOSURE II

                               Work Plan (Attached to Statement of Work)

Statement of Work for Housing Inspections

Note: Due to the special nature of housing inspections, a separate Statement of Work is included.

   (Agency Name)          shall prepare a narrative plan which explains how it will deliver this activity in
FY 2006. This narrative should include, at a minimum, the following:

A.   Statement of the negotiated goals to be achieved.

B.   The number of pre-occupancy housing inspections to be conducted.

C.   Plans for changes in the existing operations, if any, which may substantially affect negotiated
     goals.

In addition, as a condition for receiving funds in support of the Secretary’s responsibility,   (Agency
Name)         agrees to do the following:

•    Conduct pre-occupancy inspections of housing to be furnished to migrant and seasonal farmworkers
     or other U.S. workers, or to nonimmigrant aliens admitted to the United States under temporary labor
     certification programs for temporary employment in agriculture or logging.

•    Assist employers in recruiting agricultural and logging workers. These employers are required to
     provide housing at no cost, or public housing, for workers who are not reasonably able to return to
     their place of residence the same day. In the case of employers seeking H-2A agricultural or logging
     labor, free housing must be provided. The housing must meet ETA standards described in 20 CFR
     part 654, subpart E or OSHA standards at 29 CFR 1910.142 and be sufficient to house the number of
     workers requested.

•    Determine, through a pre-occupancy inspection, that such housing is, in fact, available and meets
     appropriate standards. The employer seeking labor certification may also provide rental or other
     public accommodation-type housing. Such housing must meet applicable local or state standards,
     and does not have to be inspected by state agency staff when such standards exist. However, in the
     absence of applicable local or state standards, such housing must meet Federal standards at 29 CFR
     1910.142 (OSHA) and must be inspected by the state agency or other appropriate public agency prior
     to occupancy.

1. Special Assurances.

     •   The state shall adhere to regulations at: 20 CFR part 655, subparts B and C, Labor Certification
         Process for Temporary Agricultural and Logging Employment; part 654, subpart E, Housing for
         Agricultural Workers; and part 653, subpart F, Agricultural Clearance Order Activity. Actual
         housing inspections may be conducted under certain conditions in accordance with OSHA
         standards at 29 CFR 1910.142, Temporary Labor Camps.

     •   SWAs should encourage employers who expect to obtain their certification 30 days before the
         date of need to have housing ready for inspection at the time of filing their H-2A application or
         earlier.

     •   SWAs should be prepared to conduct housing inspections prior to the filing of applications.

     •   SWAs should plan to schedule housing inspections prior to the filing of H-2A applications for
         those employers who regularly use the H-2A program.

   •   SWAs should be encouraged to evaluate alternative methods of conducting pre-occupancy
       housing inspections (i.e., State Health Department, Agricultural Department, etc.).

2. Allowable Costs.

   •   Costs may be attributed to activities in support of tasks described in 20 CFR part 654 subpart E,
       Housing for Agricultural Workers and/or 29 CFR 1910.142, Temporary Labor Camps, and for
       indirect support as a fair share of overhead.

3. Performance Standards.

   •   The state’s performance will be reviewed according to the applicable Housing Inspection
       Checklist in ETA Handbook No. 398, the applicable Federal housing standards.

4. Reporting.

   •   Required reporting of activity as specified on Office of Management and Budget (OMB) approved
       ETA forms. Financial reporting will be as specified by ETA.

   •   States should plan to track the costs associated with conducting pre-occupancy housing
       inspections to assist the national office in the allocation of future resources. The costs include,
       but are not limited to, staff resources, travel expenditures, and administrative costs (see
       Attachment 6).

   •   States should submit an estimate of their annual cost for conducting pre-occupancy
       housing inspections along with this work plan (see Attachment 7).

                                             ENCLOSURE III

                              Work Plan (Attached to Statement of Work)

Statement of Work for Agricultural Wage Surveys

Note: Due to the special nature and importance of agricultural prevailing wage surveys, a
separate Statement of Work is included.

  (Agency Name)         shall prepare a narrative plan which explains how it will deliver this activity in FY
2006. This narrative should include the number of prevailing wage surveys to be conducted and for
which crop activity.

As a condition for receiving funds in support of the Secretary's responsibility,       (Agency Name)
agrees to conduct prevailing wage surveys of agricultural and logging activities in accordance with ETA
Handbook No. 385. The SWA assists employers in recruiting agricultural and logging workers. Since
those workers do not have knowledge of wages in distant locations, the SWA provides a level of wage
protection by requiring that intra- and inter-state clearance orders offer a prevailing wage (20 CFR
653.501(d)(4)), if it is higher than the state or Federal minimum. For H-2A orders involving alien workers,
the prevailing wage must be offered if it is higher than the state or Federal minimum and the Adverse
Effect Wage Rate (AEWR) (20 CFR 655.102(b)(9)).

In order to establish the required prevailing wages, surveys must be done in accordance with ETA
Handbook No. 385 for each agricultural reporting area in which a crop activity meets the threshold
specified in Section I, C. 1. a. of the Handbook. When the data are collected and compiled in accordance
with the Handbook, a signed Form ETA 232 must be submitted to the national office for review and
confirmation before publication.

1. Special Assurances.

    •   The state shall submit to the national office a plan for the surveys it is scheduling for the coming
        year. This plan must include all the surveys which will be conducted by the state in the upcoming
        season. Accordingly, the state’s survey targets should be based on estimated job order activity to
        be produced by H-2A applications. Prevailing wage surveys must be completed in the following
        instances: (1) when there were more than 100 workers in one crop last season or you expect
        more than 100 workers in the current season; (2) when there were H-2A workers last season or
        you expect H-2A workers in the current season; (3) when it is a very complex method of payment
        (i.e., piece rates); and, (4) all mandatory national interest surveys such as Custom Combine,
        Sheep and Goat Herding, Nurseries, and East Coast Apples. Wage surveys should not be
        conducted if they do not fit into the above categories. The plans should be mailed to Mr. Ben
        Orona, Division of Foreign Labor Certification, 200 Constitution Avenue, NW, Room C-4312,
        Washington, D.C. 20210, or faxed to (202) 693-2768.

    •   The state shall submit the results of its prevailing wage surveys (ETA form 232) promptly to the
        national office as well as to the respective national processing center (Atlanta or Chicago), so the
        correct wage is established for the next cycle of crop activity. Timely submission is critical to
        ensure release of wage determinations by the national office well ahead of the crop activity start
        date. The ETA 232 forms should be mailed to Mr. Ben Orona, Division of Foreign Labor
        Certification, 200 Constitution Avenue, NW, Room C-4312, Washington, D.C. 20210, or faxed to
        (202) 693-2768.

2. Allowable Costs.

    •   Costs may be attributed to tasks described in ETA Handbook No. 385 for crop activities which
        meet the criteria specified above and for indirect support as a fair share of overhead.

3. Performance Standards.

   •   The state’s performance will be reviewed according to its adherence to the procedures for wage
       surveys in ETA Handbook No. 385. Irrespective of the Adverse Effect Rate (AEWR) published
       for a given state each year, the procedures contained in the ETA Handbook No. 385 require that
       prevailing wage surveys be conducted for any crop activity that is anticipated in the upcoming
       season.

4. Reporting.

   •   Completed surveys will be submitted on the ETA-232. Financial reporting will be as specified by
       ETA.

   •   States should plan to track the costs associated with conducting prevailing wages in order to
       assist the national office in the allocation of future resources. The costs include, but are not
       limited to, staff resources, travel expenditures, and administrative costs (see Attachment 6).

   •   States should submit an estimate of their annual cost for conducting H-2A prevailing wage
       surveys along with their work plan (see Attachment 7).

Attachment No.: 4

               Major SWA Responsibilities for the ALC Agricultural Program

1. Before Required Filing Date.

   •   Meet with employers to encourage early filing, inform employers of any new/emerging
       requirements, and assist employers in preparing job offers/orders. Special emphasis shall be
       placed by SWAs in the areas of Agricultural Prevailing Wage Surveys, assisting employers to
       prepare job orders and positive recruitment plans which are most likely to reach and encourage
       response by U.S. workers, and in increased use of America’s Job Bank (AJB) for all H-2A orders.

   •   Conduct prevailing wage surveys and submit them to the national office for verification.

   •   Conduct housing inspections (where conditional access is not involved). Housing inspections
       should be scheduled by the State Agency prior to the filing of applications for those employers
       who regularly use the H-2A program.

   •   Gather information and provide advice to the respective national processing center (Atlanta or
       Chicago) on prevailing practices (family housing, utilization of crewleaders and crewleader
       overrides, transportation advances, and frequency of payment).

   •   Gather information on U.S. worker availability to assist the national processing center in
       determining positive recruitment requirements.

2. Forty-Five (45) Days Before Date of Need.

   •   Receive duplicate of employer application and job offer.

   •   Prepare local job order and begin local recruitment.

   •   Advise the national processing center if any components appear unacceptable for H-2A
       clearance purposes.

   •   Maintain record of referrals and actions taken thereon; report to the national processing center
       any "questionable" refusals to hire.

   •   Respond to national processing center requests for assistance/clarification on employer’s
       application.

   •   Begin preparation of clearance order based on employer's job offer portion of application (if not
       done before).

   •   Assist employer in preparing advertisement plans based on the requirements from the national
       processing center.

3. Upon Receiving Notification by Telephone (or E-mail) from the National Processing Center on
   Whether or not the Application is Accepted.

   •   If application accepted, finalize clearance order; clear to states designated by the national
       processing center.

   •   If application not accepted, revise clearance order to incorporate modifications required by the
       national processing center (but do not submit).

   •   Consult with employer to determine if employer agrees to modifications.

   •   If employer intends to appeal to the Administrative Law Judge (ALJ), put clearance order in
       abeyance.

   •   Assist employer in making modifications, if appropriate (Form ETA 795 if clearance order already
       prepared and ready for transmittal).

4. After Clearance Order Approved by the National Processing Center.

   •   Enter order into AJB.

   •   Mail order to other areas specified by the national processing center.

   •   Perform other actions related to recruitment specified by the national processing center.

   •   Review employer advertising--ensure it is published/broadcast.

   •   Refer workers; facilitate referrals from other states (maintain records of referrals and actions
       taken thereon).

   •   Assist employer in processing requests for amendments (the national processing center must
       approve).

   •   Ensure that approved amendments are included in job order package.

   •   Ensure previous editions of job orders are corrected or updated.

5. Housing Inspections.

   •   Complete all scheduled housing inspections.

   •   If deficiencies are found, inform employer(s) that they have five calendar days to correct. Re-
       inspect five days later.

   •   If housing not approved after the re-inspection, the clearance order must be canceled and
       referred workers should be notified.

   •   The Immigration and Nationality Act requires that employers furnish housing that meets
       applicable standards before certification can be issued (INA 218(c)(4)). Documentation that the
       employer’s housing meets applicable standards must be received by the Certifying Officer prior to
       certification being granted. SWAs should encourage employers who expect to obtain their
       certification 30 days before the date of need to have housing ready for inspection at the time of
       filing their application or earlier. SWAs should be prepared to conduct housing inspections prior
       to the filing of applications, as appropriate, and should even plan to schedule housing inspections
       prior to filing for those employers who regularly use the H-2A program.

6. Twenty-Four (24) Hours Before Date of Need (Suggested).

   •   Submit report on SWA recruitment to the national processing center.

7. After Certification Determination.

   •   Continue to refer workers who apply for the job.

   •   If proof of advertising is not received prior to the granting of the labor certification, obtain from
       employer.

   •    Respond to national processing center requests for assistance/advice on re-determination
        requests.

8. After Date of Need.

   •   Continue to refer workers who apply if comparable alternative employment is not available (up to
       50 percent of the contract period).

   •   Advise the national processing center if employer refuses to accept referred workers.

   •   Respond to national processing center requests for assistance/advice on re-determination
       requests and recruitment of replacement workers (employer must report workers not accepted or
       fired to the SWA; the national processing center has 72 hours to act on re-determination
       requests).

   •   Refer worker complaints on non-performance of contracts to the Wage and Hour Division (DOL).

   •   Provide information (and other assistance) to the Wage and Hour Division in its investigations.

   •   Investigate employer complaints on 50 percent rule violations (655.106(g)).

   •   Advise employers, and the national processing center if appropriate, of legal or regulatory actions
       mandating changes in work situation.

   •   Conduct field checks at job sites only where U.S. workers have been placed through the
       clearance system (coordinate with the national processing center and Wage and Hour Division;
       do not duplicate Wage and Hour targeted enforcement visits).

   •   Cancel job order when 50 percent of work contract has elapsed.

Attachment No.: 5

            Major SWA Responsibilities for the ALC Non-Agricultural Programs

1. Before Filing of Application.

   •   Respond to inquiries about non-agricultural certification programs.

   •   Advise employers, applicants, and aliens, as appropriate, about requirements of non-agricultural
       labor certification programs.

   •   Refer employers, applicants, and aliens, as appropriate, to the national processing center for
       further information regarding non-agricultural labor certification and attestation programs.

   •   Provide prevailing wage information.

   •   Mail forms, regulations, instructions, etc., to employers, attorneys, and other interested members
       of the public.

2. After Filing of Application (H-2B program).

   •   Review application for completeness.

   •   Advise employers, as appropriate, of deficiencies and corrections that should be made to
       application.

   •   Provide prevailing wage determinations to employers.

   •   Prepare job orders from the ETA 750 and transmit to Job Bank for regular SWA recruitment
       activity.

   •   Monitor and collect referrals from SWA verification system.

   •   Advise employers of recruitment and other regulatory requirements.

   •   Screen applicant resumes received against advertisements to assure that applicants meet
       employer requirements and make referrals of only qualified applicants to employers.

   •   Collect recruitment results from employers on all applicants who responded to the employer's
       recruitment efforts, including those who responded directly to the employer.

   •   Prepare case file for review by the Certifying Officer.

   •   Transmit case file to the national processing center with state recommendations.

   •   Furnish information on applications to the U.S. Citizenship and Immigration Services (USCIS) and
       other law enforcement agencies.

3. After Transmission of Case File to the National Processing Center (H-2B program).

   •   Respond to requests for further information from the national processing center and law
       enforcement agencies, such as USCIS and the Office of the Inspector General.

Attachment No.: 6
                                       Annual Plan Procedures

1. Annual Funding Agreement.

The current agreement includes an Assurances and Certifications package to encompass all Program
Year 2005/Fiscal Year 2006 program activities. Notice of Obligation documents for the allotment
balances will be issued by the National Office Grant Officer based upon national office approval of Annual
Plans.

2. Annual Plan.

The Annual Plan includes an Application for Federal Assistance (SF-424), transmittal letter, work
statements, and budget information. Consistent with national office guidelines, negotiations between ETA
and the Grantee will determine each state’s annual level of funding for Alien Labor Certification.

•   The Annual Plan will have a performance period of 12 months beginning October 1, 2005, and
    ending September 30, 2006.

•   The plan package submitted from the states to the National Office Grant Officer should consist
    of a transmittal letter and one original and two copies of the following:

    A. Application for Federal Assistance (SF-424)

    B. Annual Budget and Quarterly Funding Plan (SF-424A—Section D only)
         Note: Please include a budget supplement to explain and list all proposed equipment
         purchases of $5,000 or more and any subcontracts.

    C. Statement of Work/Work Plan

•   The national office will negotiate work plans with states for each activity to be funded. The state is to
    prepare a description of the goals to be achieved as negotiated with the national office.

3. Plan Modifications.

The national office and the state may jointly modify the Annual Plan including negotiated changes in the
plan period and in funding levels during the year. The plan modification requests must include a
transmittal letter, a revised annual budget, and the quarterly spending plan. The National Office Grant
Officer has the authority to execute funding adjustments where a state is not spending at agreed upon
levels. When an adjustment is necessary, a unilateral modification may be issued. In the event that the
Secretary of Labor may be required by future legislation to carry out other responsibilities not currently
anticipated, the states will be requested to submit a modification to the Annual Plan in order to carry out
these additional duties.

4. Financial Reconciliation.

After the end of the fiscal year, a financial reconciliation procedure will be conducted to reconcile
accounting records maintained by the grantee and the Department of Labor’s original accounts. It may
become necessary to revise funding levels in the new plan for a particular state when the reconciliation is
completed.

Attachment No.: 7
                                      Costing of H-2A Activities
                                          FY 2005 Estimate

1. Instructions.

Complete the table below using data from the prior fiscal year to estimate the cost of conducting H-2A
activities. The completed table should be attached to the work plan.

(1) Housing Inspections:
    • Include in the total cost estimate: travel time, inspection time, travel mileage, and completion of
        paperwork.

    •   If housing inspections are done by another organization, estimate the cost that the H-2A portion
        adds to their total cost and include this amount in the table.

(2) Prevailing Wage/Practice Surveys:
    • Include in the total cost estimate the development of the survey instrument, postage, collection of
        responses, collation of information, and publication of results.

(3) Job Orders Processed:
     • Include in the total cost estimate the creation and maintenance of files, taking into account the
        cost associated with receiving applications, referring applicants, and releasing orders into
        inter/intra-state job system.

2. Costing Sheet.

                    Activity                          Total         Total Cost       Average
                                                     Number                           Cost
Housing Inspections

Prevailing Wage/Practice Surveys

Job Orders Processed

Total Cost of H-2A Activities

3. Calculations.

    •   Average Cost = Total Cost / Total Number

    •   Total Cost of H-2A Activities = Total Cost of Housing Inspections + Total Cost of Prevailing
        Wage/Practice Surveys + Total Cost of Job Orders Processed

Attachment No.: 8
                                         Contact Information

1. Instructions.

Contact information for this grant should be attached to the work plan. If more than one contact person is
appropriate, please provide the additional information.

Name: ____________________________________________

Title: ____________________________________________

Address: _________________________________________

         _________________________________________

         _________________________________________

        __________________________________________

Telephone Number: _______________________________

Email Address: ____________________________________