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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Withdrawn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.
What does federal law require today?
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