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FY 2019 foreign labor certification state grant plans

Summary ETA gave state workforce agencies FY 2019 foreign labor certification grant planning guidance and allocations. The funds supported work such as employer job order processing, agricultural housing inspections, and prevailing wage and practice surveys. Seven attachments supply the annual plan, forms, procedures, and funding amounts; ETA now labels this advisory Canceled.
Document
Federal guidance
Agency
U.S. Department of Labor, Employment and Training Administration (ETA)
Document number
TEGL No. 21-18
Date issued
May 29, 2019
Status
Withdrawn
ETA marks this listing entry Canceled as of October 24, 2026. The letter prints an expiration date of Continuing and does not identify a cancellation instrument.
Status last verified October 24, 2026

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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.

Official attachments: Attachment 1, Attachment 2, Attachment 3, Attachment 4, Attachment 5, Attachment 6, Attachment 7.

CLASSIFICATION
   EMPLOYMENT AND TRAINING ADMINISTRATION                 Foreign Labor Certification
               ADVISORY SYSTEM                            CORRESPONDENCE SYMBOL
          U.S. DEPARTMENT OF LABOR                        OFLC
             Washington, D.C. 20210                       DATE
                                                          May 29, 2019

ADVISORY:         TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 21-18
TO:               STATE WORKFORCE AGENCY ADMINISTRATORS

FROM:             MOLLY E. CONWAY /s/
                  Acting Assistant Secretary

SUBJECT:          Fiscal Year (FY) 2019 Foreign Labor Certification Grant Planning Guidance

1. Purpose. To provide guidance to State Workforce Agencies regarding FY 2019 annual grant
   allocations for foreign labor certification activities.

2. 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
   foreign labor certification activities for FY 2019. 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. ETA requests 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 2019 foreign labor certification grant application
   processes and timelines.

3. Summary and Background.

        a. This TEGL provides programmatic guidance and financial information to SWAs to
           support state foreign labor certification activities in FY 2019.

        b. The mission of the Employment and Training Administration’s (ETA) Office of
           Foreign Labor Certification (OFLC) is to help U.S. employers fill jobs while
           protecting the rights and interests of 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 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

 RESCISSIONS:                                             EXPIRATION DATE:
 None                                                     Continuing

          employers seeking to hire either permanent or temporary foreign labor to apply to the
          Secretary for a labor certification. Congress appropriates funding for state foreign
          labor certification activities through the State Unemployment Insurance and
          Employment Service Operations (SUIESO) account. As part of the FY 2019
          appropriation bill, Congress appropriated $14,282,000 for the state grants. These
          state grants fund 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.

4. Content. Please see attachment II for guidance.

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

6. 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;
       2 CFR 2900, Uniform Administrative Requirements, Cost Principles, and Audit
         Requirements for Federal Awards, Department of Labor;
       Guide for Employment Service Reimbursable Grant Activities;
       ETA H-2A Program Handbook No. 398, January 1988;
       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;
       Labor Certification Process for Temporary Employment in the Commonwealth of the
         Northern Mariana Islands (CW-1 Workers), 84 FR 12380 (Interim Final Rule, April
         1, 2019) (Codified at 20 CFR Part 655, Subpart E) (hereafter “CNMI Interim Final
         Rule”); and
       Department of Defense and Labor, Health and Human Services, and Education
         Appropriations Act, 2019 and Continuing Appropriations Act, 2019 (P.L. 115-245).

7. Attachment(s).
   Attachment I.     Table of Contents
   Attachment II.    Program Planning Guidance and Information Package
   Attachment III.   Fiscal Year (FY) 2019 Annual Plan
   Attachment IV.    Annual Plan Certification
   Attachment V.     Procedures for Prior Approval of Equipment Purchase Requests
   Attachment VI.    FY 2019 Actual Funding Levels
   Attachment VII.   Amendment A: Commonwealth of the Northern Mariana Islands (CNMI)
                     CW-1 Fiscal Year (FY) 2019 Office of Foreign Labor Certification (OFLC)
                     Grant Planning Guidance

Attachment I
                                      Table of Contents

Attachment II - Program Planning Guidance and Information Package
   A. Introduction, p. II-1
   B. Grant Procedures, Requirements, and Timeline p. II-1
            1. Grant Application p. II-1
            2. Grant Submission p. II-2
            3. Grant Approval p. II-3
            4. Use of FY 2019 funds p. II-3
            5. Grant Signatures p. II-3
            6. Grant Modifications p. II-3
   C. Grant Reporting Procedures p. II-4
            1. Financial Status Report p. II-4
            2. Program Activity Report p. II-5
            3. Agricultural Prevailing Wage Survey Reports p. II-6
            4. Agricultural Employment Practice Survey Reports p. II-7
            5. Referral to Department of Justice, Immigrant and Employee Rights (IER) p. II-7
Attachment III - Fiscal Year (FY) 2019 Annual Plan
   A. Foreign Labor Certification Workload p. III-1
   B. H-2B Temporary Nonagricultural Program Activities p. III-2
            1. Stakeholder Education and Outreach p. III-2
            2. Placement of H-2B Job Orders p. III-2
            3. Processing of H-2B Job Orders p. III-4
                a. Compliance Review of Job Orders p. III-4
                b. Processing of Approved Job Orders p. III-4
                c. Referral of Qualified and Available U.S. Workers p. III-5
            4. Post-Determination Services p. III-6
   C. H-2A Temporary Agricultural Program Activities p. III-6
            1. Stakeholder Education and Outreach p. III-6
            2. Placement of H-2A Job Orders p. III-7
            3. Processing of H-2A Job Orders p. III-7
                a. Compliance Review of Job Orders p. III-7
                b. Processing of Approved Job Orders p. III-8
                c. Referral of Qualified and Available U.S. Workers p. III-8
            4. Conducting Prevailing Wage Surveys p. III-9
            5. Conducting Prevailing Practice and Normal/Accepted Requirements Surveys
                 p. III- 10
            6. Scheduling and Conducting Housing Inspections p. III-12
            7. Post-Determination Services p. III-13
   D. Permanent Labor Certification Program p. III-14
   E. Grantee Contact Information p. III-14

Attachment IV - Annual Plan Certification
Attachment V - Procedures for Prior Approval of Equipment Purchase Requests
Attachment VI - FY 2019 Actual Funding Levels
Attachment VII Amendment A: Commonwealth of the Northern Mariana Islands (CNMI)
CW-1 Fiscal Year (FY) 2019 Office of Foreign Labor Certification (OFLC) Grant Planning
Guidance

Attachment II
                       Program Planning Guidance and Information Package

A. Introduction

       The mission of the Office of Foreign Labor Certification (OFLC) of the Employment and
       Training Administration (ETA) 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 any adverse
       impact on similar-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 state foreign labor certification activities through the State
       Unemployment Insurance and Employment Service Operations (SUIESO) account. These state
       grants fund 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 Training and Employment Guidance Letter (TEGL) provides programmatic
       guidance and financial information to SWAs to support state foreign labor certification activities
       in FY 2019.

       This 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, 2018 and
       September 30, 2019.

B. Grant Procedures, Requirements, and Timeline

       In an effort to achieve greater efficiency and as part of the ETA’s on-going effort to streamline
       the grant award process, grantees are required to submit the application through
       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 12/31/2019, OMB Control No.
        4040-0004;
       SF-424A: Budget Information, Non-Construction Programs, Expiration Date 01/31/2019,

      OMB Control No. 4040-0006; and
      Justification and supporting documentation for any proposed equipment purchases of $5,000
       or more. Prior approval of any equipment purchases exceeding $5,000 and the contracting
       out of any work must be obtained per 2 CFR 200.439 and 2 CFR 200.308(c)(1)(vi). Please
       see the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
       Federal Awards at 2 CFR part 200 and the Department of Labor (DOL) exceptions to these
       requirements at 2 CFR part 2900 for additional information about prior approval
       requirements.
      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 a 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
         www.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 FY 2019.

          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 6 of this TEGL for actual funding levels.

          FY 2019 Annual Plan Table of Contents:
                 Foreign Labor Certification Workload (Attachment III, Section A)
                 H-2B Program Activities (Attachment III, Section B)
                 H-2A Program Activities (Attachment III, Section C)
                 Permanent Labor Certification Program (Attachment III, Section D)
                 Grantee Contact Information (Attachment III, Section E)
                 Annual Plan Certification (Attachment IV)

    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-TEGL-21-18. SWAs may find it helpful to review their prior grant application package
    submissions and revisions to prepare the FY 2019 grant application package.

    To submit the required documents, applicants must follow the “Apply for Grants” link on
    www.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 www.grants.gov and do not find an answer in any of the
other resources, please 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 has determined that FY 2019 funding
will be awarded based on several factors, including the amount 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 verifying that a SWA’s 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 (NOA), to the SWA.

4. Use of FY 2019 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
expend funds, please note when expending these funds they are for a specific period of
performance based on the TEGL.

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, the SWA
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 2019 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 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 in the FY and must be submitted
   online through ETA’s Grantee Reporting System at
   https://www.etareports.doleta.gov/CFDOCS/grantee_prod/reporting/index.cfm.

   SWAs 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 by 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 02/28/2019 but currently under OMB review, with a temporary expiration date of
4/30/2019), 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 FY 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. SWAs can obtain a copy of the Form ETA-9127 and instructions
at the following websites:

       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 2019
                                                    Months                     Due Date*

                       1st Quarter           October – December                January 15
                      2nd Quarter              January – March                   April 15
                      3rd Quarter                 April – June                    July 15
                                                                               October 15
                        th
                       4 Quarter               July – September

           *If the 15th 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 and Finance Team at [email protected] or by phone at 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 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 01/31/2020) 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’s regulations at 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,
Departmental 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.

5. Potential Referrals to Department of Justice, Immigrant and Employee Rights (IER) section.
SWA may identify a matter that may fall within IER’s jurisdiction. The SWA is encouraged to
contact IER’s hotline and ask to speak to a referral duty attorney at 1-800-255-7688 or 1-800-237-
2515 (TTY for hearing impaired). Information on how to make a written notification on the IER’s
charge form is available at www.justice.gov/crt/filing-charge.

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

    Attachment III

                                   FISCAL YEAR (FY) 2019 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 2019 (October 1, 2018 through September 30,
    2019) to support the administration of foreign labor certification 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 2018              FY 2019            FY 2019            Estimated
      Services/Activities
                                                                                                         FY 2019
                                            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 CW-1 job offers
   maintained on website (Only
   applicable for CNMI) (3)
H. 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, 2018 and September 30, 2019. 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
(3) Workload includes the tracking of CNMI labor exchange website recruitment reports uploaded by employers in
    accordance with the governing provision of the CNMI Interim Final Rule, codified at 20 CFR 655.442

B. H-2B Temporary Nonagricultural Program Activities

    Section 214(c)(1) of the Immigration and Nationality Act, 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 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 to 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 notification
     required by regulation 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 NOA; and

               In circumstances where a timely review of the job order by the state agency
                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 NOA 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 appropriations rider has been included in the continuing
resolutions that passed throughout FY 2017 and FY 2018, the Department of Labor Appropriations Act,
2018, Division H, Title I of Public Law 115-141, as well as the Department of Labor Appropriations Act,
2019, Division B, Title I of Public Law 115-245. Therefore, in order to comply with this limitation, 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 appropriation riders 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 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 foreign labor certification 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 foreign labor certification 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 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 to 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 CO.

    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; and

     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 foreign labor certification 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 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, 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 CNPC regarding whether housing is approved or not
           approved at [email protected]; and

          The state agency agrees to promptly notify the 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 foreign labor
         certification 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

        For 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 foreign labor certification 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.
This information is being collected for purposes of awarding a grant. Your response is required in order to obtain or retain a benefit. (See
Wagner-Peyser Act section 9 (29 U.S.C. 49(i)). Public reporting burden for this collection of information is estimated to average approximately
4 (four) hours 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 U.S. Department of
Labor-OASAM, ● Office of The Chief Information Officer ● Room 1N1301 ● 200 Constitution Ave., NW, ● Washington, DC 20210.

Attachment IV

                            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 2019 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 V

              Procedures for Prior Approval of Equipment Purchase Requests

       Grant recipients must follow the procedures below to receive prior approval to
       purchase equipment.

       Grant recipients must submit a formal written request to acquire and purchase
       equipment to the appropriate Grant Officer. All requests must be submitted through
       the Federal Project Officer and contain the following information, at a minimum:

           1. Item name;

           2. Item description and basic specifications;

           3. Estimated useful life of equipment;

           4. Item cost, actual or estimated (and total cost if multiple items), including the cost,

               if known, to put the asset(s) in place and make it usable for the purposes it was

               acquired;

           5. Purpose of acquisition: a description of how the equipment will be used to

               support the grant and a reference to the approved activities in the Statement of

               Work (and the page numbers, if known). This description and justification are

               critical, as the information will provide the documentation that the costs to be

               incurred are for approved grant-related activities and in the best interests of the

               government; and

           6. Contact name and telephone number.

This information will be used as the basis for the Grant Officer’s decision.

Attachment VI

                      FY 2019 Actual Funding Levels $14,202,500
    *The funding amount below must be indicated on the SF-424 and SF-424A for FY 2019

Alabama                          122,000          Nevada                          115,000
Alaska                            76,145          New Hampshire                    53,625
Arizona                          160,587          New Jersey                      400,000
Arkansas                          87,591          New Mexico                       70,000
California                     1,500,000          New York                      1,400,000
Colorado                         241,500          North Carolina                  483,800
Connecticut                      250,000          North Dakota                    186,000
Delaware                          65,000          Northern Mariana
Florida                          470,000          Islands                          65,500
Georgia                          480,000          Ohio                            275,500
Guam                              60,000          Oklahoma                         91,500
Hawaii                            60,000          Oregon                          315,000
Idaho                            400,000          Pennsylvania                    400,000
Illinois                         300,000          Puerto Rico                      60,000
Indiana                           76,143          Rhode Island                     76,145
Iowa                             215,000          South Carolina                  209,000
Kansas                           110,010          South Dakota                    100,000
Kentucky                         300,000          Tennessee                       220,251
Louisiana                        255,000          Texas                           450,000
Maine                            265,000          Utah                            120,000
Maryland                         433,424          Vermont                         130,000
Massachusetts                    786,042          Virgin Islands                   25,000
Michigan                         300,000          Virginia                        424,931
Minnesota                        130,000          Washington                      400,000
Mississippi                      165,000          Washington DC                     5,000
Missouri                         150,558          West Virginia                    50,000
Montana                          278,811          Wisconsin                       150,000
Nebraska                         100,000          Wyoming                          88,437

Attachment VII

                                       Amendment A:
        Commonwealth of the Northern Mariana Islands (CNMI) CW-1 Program
   Fiscal Year (FY) 2019 Office of Foreign Labor Certification (OFLC) Grant Planning
                                        Guidance
   CW-1 Temporary Employment Activities

   The Northern Mariana Islands U.S. Workforce Act of 2018 (Workforce Act) provides the
   Secretary of the Department of Homeland Security (DHS) authority to administer and
   enforce a system of allocating and determining the terms and conditions of visas to be issued
   to nonimmigrant workers performing services or labor for an employer in the
   Commonwealth of the Northern Mariana Islands (CNMI or Commonwealth). DHS
   regulations establish the Commonwealth-Only Transitional Worker (CW-1) visa
   classification to provide for an orderly transition from the CNMI permit system to the U.S.
   Federal immigration system for certain foreign nationals. In accordance with the Workforce
   Act, DHS will promulgate corresponding regulations to provide that a CW-1 petition for
   temporary employment in the CNMI must be accompanied by an approved temporary labor
   certification from the Department. A temporary labor certification granted by the
   Department of Labor (DOL) serves as confirmation to DHS that: (1) there are not sufficient
   U.S. workers in the CNMI who are able, willing, qualified, and available to fill the
   petitioning CW-1 employer’s job opportunity; and (2) a foreign worker’s employment in the
   job opportunity will not adversely affect the wages or working conditions of similarly
   employed U.S. workers.

   The CNMI Department of Labor is the government agency responsible for providing
   employment and training services, and maintains an electronic system for registered and
   approved employers to post job vacancy announcements and receive referrals of qualified
   U.S. workers in the CNMI. Registration for employers to post vacancy announcements on
   the job listing system is a one-time, free process, and readily accessible through the CNMI
   Department of Labor’s website.

   In accordance with regulations to be codified at 20 CFR Subpart E (see CNMI Interim Final
   rule), the CNMI Department of Labor agrees to carry out all activities to support DOL’s
   review and processing of job offers and applications seeking temporary labor certification
   under the CW-1 program. Specifically, the CNMI Department of Labor agrees to carry out
   the following activities:

A. Stakeholder Education and Outreach: Make information on how employers can
   participate in the CW-1 program available in a conspicuous location on the CNMI
   Department of Labor website, such as easy-to-understand instructions on how to prepare and
   place a job advertisement with the CNMI Department of Labor that is accessible and can be
   completed electronically; and current contact information within the CNMI Department of
   Labor for employers to request technical assistance.

   No less frequently than once a year, the CNMI Department of Labor will electronically
   disseminate to employers who routinely use the CW-1 program helpful tips or best practices
   on obtaining a prevailing wage determination from the National Prevailing Wage Center and
   preparing high-quality job advertisements. Where requested and funds permitting, the CNMI
   Department of Labor will participate in local employer roundtables, conferences or other
   stakeholder forums to present and/or disseminate information related to the CW-1 program.

B. Placement of CW-1 Job Advertisement: The employer must place an advertisement with
   the CNMI Department of Labor for a period of 21 consecutive days. All advertisements
   must satisfy the requirements to be codified in 20 CFR 655.441. (See CNMI Interim Final
   Rule.)

   The CNMI Department of Labor’s labor exchange system, at www.marianaslabor.net is
   accessible to employers required to place a job advertisement in connection with a CW-1
   Application for Temporary Employment Certification with DOL, pursuant to provisions in
   the CNMI Interim Final Rule to be codified at 20 CFR 655.442. The CNMI Department of
   Labor has a capability for employers to place job advertisements for review in the following
   manner:

Please check all that apply:

             Self-services by accessing the CNMI Department of Labor’s labor exchange
             system: www.marianaslabor.net

             Staff-assisted job offer services by submitting a draft job offers at:

                        [Insert CNMI contact information including email address where
                              employers can submit CW-1 job offer]

Please check one of the following:

             The CNMI Department of Labor’s job offer form and/or system DOES contain an
             entry field or option permitting employers to identify that the job offer is being
             placed in connection with a submitted Application for Temporary Employment
             Certification for CW-1 workers;

                                                       OR

             The CNMI Department of Labor’s job offer form and/or system DOES NOT
             contain an entry field or option permitting employers to identify that the job offer is
             being placed in connection with a submitted Application for Temporary
             Employment Certification for CW-1 workers. Therefore, employers can provide the
             regulatory required notification to the CNMI Department of Labor in the following
             manner:

                                   [Insert a brief description of how and to whom employers can provide
                                         the CNMI Department of Labor with the required notification]

           Please check all that apply:

                   The CNMI Department of Labor has submitted with this grant plan a current
                   electronic copy of the form and general instructions employers are required to use
                   to submit job advertisements.

                   The standard job advertisement form and general instructions are easily accessible
                   to employers on a website maintained by the CNMI Department of Labor at:
                   www.marianaslabor.net

     Once employers place an advertisement with the CNMI Department of Labor for 21
     consecutive days, the CNMI Department of Labor will make available to the employer web
     pages in which the advertisement appeared on the CNMI Department of Labor job listing
     system, or other verifiable evidence containing the text of the advertisement and the dates of
     publication demonstrating compliance with the requirement.

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.
This information is being collected for purposes of awarding a grant. Your response is required in order to obtain or retain a benefit. (See 20
CFR 655, Subpart E. Public reporting burden for this collection of information is estimated to average approximately 1 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 U.S. Department of Labor-OASAM, ● Office of
The Chief Information Officer ● Room 1N1301 ● 200 Constitution Ave., NW, ● Washington, DC 20210.

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