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FY 2021 foreign labor certification state grants
Summary ETA gave state workforce agencies FY 2021 foreign labor certification grant allocations and application instructions. It described state recruitment, job order, and housing inspection work, plus budget and reporting requirements. States were asked to apply by June 11, 2021 unless ETA approved an extension.
Document
Federal guidance
Agency
U.S. Department of Labor, Employment and Training Administration (ETA)
Document number
TEGL No. 21-20
Date issued
May 10, 2021
Status
Active
ETA lists this advisory as active. It prints an expiration date of Continuing and no rescissions; its funding cycle is FY 2021.
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.
CLASSIFICATION
EMPLOYMENT AND TRAINING ADMINISTRATION Foreign Labor Certification
ADVISORY SYSTEM CORRESPONDENCE SYMBOL
U.S. DEPARTMENT OF LABOR OFLC
Washington, D.C. 20210 DATE
May 10, 2021
ADVISORY: TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 21-20
TO: STATE WORKFORCE AGENCY ADMINISTRATORS
FROM: SUZAN G. LEVINE
Principal Deputy Assistant Secretary
SUBJECT: Fiscal Year (FY) 2021 Foreign Labor Certification Grant Planning Guidance
1. Purpose. To provide guidance to State Workforce Agencies (SWAs) regarding FY 2021
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 2021. By June 11, 2021, SWAs must submit their
grant applications to the Employment and Training Administration (ETA), Department of
Labor (DOL or Department), unless they are in receipt of an approved written extension from
the ETA Office of Foreign Labor Certification (OFLC). ETA requests that SWA
Administrators receiving this guidance share this information within their respective
organizations in order to ensure that fiscal and programmatic staff are fully aware of the
required FY 2021 foreign labor certification grant application processes and timelines
contained in this Training and Employment Guidance Letter (TEGL).
3. Summary and Background.
a. This TEGL provides programmatic guidance and financial information to SWA
Administrators to support state foreign labor certification activities for FY 2021.
b. The mission of ETA’s OFLC is to determine, on a case-by-case basis, whether there
are able, willing, and qualified U.S. workers available for a job, and whether there
will be adverse impact on the wages and working conditions of similarly employed
U.S. workers should a labor certification be granted. The Immigration and
Nationality Act (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 many employers seeking to hire either
permanent or temporary foreign labor to apply to the Secretary for a labor
certification.
RESCISSIONS: EXPIRATION DATE:
None Continuing
Congress appropriates funding for state foreign labor certification activities through
the State Unemployment Insurance and Employment Service Operations (SUIESO)
account.
c. The Consolidated Appropriations Act, 2021 (P.L. 116-260) authorizes $20,282,000
for foreign labor certification state grants, a $6,000,000 increase from the previous
year’s appropriation of $14,282,000. In order to maintain an adequate level of base
funding for SWAs while ensuring the additional resources appropriated by Congress
for FY 2021 are based on more recent actual foreign labor workload factors
impacting SWAs, the Department is allocating the appropriated funds in two
components: a base allocation and a supplemental allocation. Each SWA’s base
allocation is equivalent to its FY 2020 grant award, except where a SWA (1)
processed an annual average of less than five total H-2A job orders during the three
most recently completed fiscal years; (2) processed an annual average of less than
five total H-2B job orders during the three most recently completed fiscal years; and
(3) less than five housing units were identified on H-2A job orders processed by the
SWA during FY 2020. In circumstances where a SWA’s workload met all three of
the above factors, the SWA was only allocated $5,000 in base funding to support
costs associated with processing this minimal level of foreign labor certification
workload and no supplemental funding.
For all other SWAs receiving a supplemental allocation, the amount of funding was
determined by each SWA’s proportion of the total number of H-2A and H-2B job
orders processed during the three previous fiscal years and each SWA’s proportion
of the total housing units identified on H-2A job orders processed during FY 2020.
A more detailed description of these workload factors and the allocation of funding
to each SWA is included in Attachment VII.
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, 1806;
Wagner-Peyser Act, 29 U.S.C. 49f(d);
U.S. Citizenship and Immigration Services regulations at 8 Code of Federal
Regulations(CFR) Part 214;
20 CFR Parts 653, subpart F; 654, subpart E; 655, subparts A, B and E; 656; and 658;
2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards;
2 CFR Part 2900, Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards, Department of Labor;
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; and
Consolidated Appropriations Act, 2021 (P.L. 116-260).
7. Attachment(s).
Attachment I. Table of Contents
Attachment II. Program Planning Guidance and Information Package
Attachment III. Fiscal Year (FY) 2021 Annual Plan
Attachment IV. Annual Plan Certification
Attachment V. Procedures for Prior Approval of Equipment Purchase Requests
Attachment VI. Instructions for Completing Budget Narrative
Attachment VII. FY 2021 Actual Funding Guidance and Funding Levels
Attachment VIII. Amendment A: Commonwealth of the Northern Mariana Islands (CNMI)
CW-1 Fiscal Year (FY) 2021 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 2021 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. Referrals to Department of Justice, Immigrant and Employee Rights (IER) p. II-7
Attachment III - Fiscal Year (FY) 2021 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-7
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-8
b. Processing of Approved Job Orders p. III-8
c. Referral of Qualified and Available U.S. Workers p. III-9
d. Providing Written Notice of Certain H-2A Job Opportunities p. III-10
4. Conducting Prevailing Wage Surveys p. III-10
5. Conducting Prevailing Practice and Normal/Accepted Requirements Surveys
p. III-11
6. Scheduling and Conducting Housing Inspections p. III-13
7. Post-Determination Services p. III-15
D. Permanent Labor Certification Program p. III-16
E. Grantee Contact Information p. III-16
Attachment IV - Annual Plan Certification
Attachment V - Procedures for Prior Approval of Equipment Purchase Requests
Attachment VI - Instructions for Completing Budget Narrative
Attachment VII - FY 2021 Actual Funding Levels
Attachment VIII Amendment A: Commonwealth of the Northern Mariana Islands (CNMI)
CW-1 Fiscal Year (FY) 2021 OFLC Grant Planning Guidance
Attachment II
Program Planning Guidance and Information Package
A. Introduction
The mission of the Employment and Training Administration’s (ETA) Office of Foreign Labor
Certification (OFLC) is to determine, on a case-by-case basis, whether there are able, willing, and
qualified U.S. workers available for a job, and whether there will be adverse impact on the wages and
working conditions of similarly-employed U.S. workers should a labor certification be granted. The
Immigration and Nationality Act (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
many 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 are provided by State Workforce Agencies (SWAs) in support of the foreign
labor certification program, including the placement and review 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 2021.
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 reflect foreign labor program activities to be performed between October 1,
2020 and September 30, 2021. While the Department expects states to spend the entirety of
their allocated funds within the fiscal year, the Department understands that unforeseen
circumstances may affect fund expenditure and will allow states up to two years to expend all
funds.
B. Grant Procedures, Requirements, and Timeline
In an effort to achieve greater efficiency and as part of ETA’s on-going efforts 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 07/31/2022, Office of Management and Budget
(OMB) Control No. 1225-0086;
SF-424: Application for Federal Assistance, Expiration date 12/31/2022, OMB Control
No. 4040-0004;
SF-424A: Budget Information, Non-Construction Programs, Expiration Date 02/28/2022, OMB
Control No. 4040-0006.
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 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 Reminders:
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 2021.
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
VII of this TEGL for actual funding levels based on the Consolidated Appropriations Act, 2021.
FY 2021 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-21-20. SWAs may find it helpful to review
their prior grant application package submissions and revisions to prepare the FY 2021
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.
After verifying that a SWA’s grant application package meets the established criteria in the
following attachments to this TEGL, the OFLC Administrator will recommend approval to the
ETA Grants Officer. After reviewing the SWA grant application package recommended for
approval by 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 2021 funds. The funding received from the OFLC annual distribution is a
cost reimbursable grant provided to the SWAs. Although the Department generally
allows states to spend Wagner-Peyser funds over a three-year period of performance,
please note that the Department is limiting the expenditure of funds allocated
pursuant to this TEGL to a two-year period. As referenced above, the Department
expects states to spend the entirety of their allocated funds within the FY 2021 fiscal
year based on the plan that they submit pursuant to this TEGL, but the Department
will allow states up to two years to expend funds to account for unforeseen
circumstances.
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 2021 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
based on their existing foreign labor certification grant allocations.
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 therefore 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 foreign labor certification programs, such as the
placement and 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
Fiscal Year Reporting Report Due Date*
Months
1st Quarter October – December February 15
2nd Quarter January – March May 15
3rd Quarter April – June August 15
4th Quarter July – September November 15
*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 Reminders on Allowable Costs:
1. Costs incurred under the grant may only be attributed to activities supporting the
direct administration of foreign labor certification programs; and
2. Costs may include staff resources, travel expenditures, other direct administrative
costs, and indirect/overhead support (where an approved indirect cost plan is in place).
3. Please note, SWAs 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, SWAs 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 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), 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 fiscal year 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.dol.gov/sites/dolgov/files/ETA/oflc/pdfs/ETA_9127_7369.pdf
Form Instructions:
https://www.dol.gov/sites/dolgov/files/ETA/oflc/pdfs/ETA_9127_Instruc
tions_7369.pdf
Fiscal Year 2021 Reporting Report Due Date*
Months
1st Quarter October – December January 15
2nd Quarter January – March April 15
3rd Quarter April – June July 15
4th Quarter July – September October 15
*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].
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, as applicable, 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 crops or other
agricultural activity. These employer wage results are collected through survey instruments
designed by the SWA and documented using the following form:
Form ETA-232A, Wage Survey Interview Record (OMB Control No. 1205-0017, Expiration 03/31/2023)
https://www.dol.gov/sites/dolgov/files/ETA/oflc/pdfs/ETA-232A.pdf.
Once SWAs tabulate wage results, SWAs transmit them to OFLC as soon as the wage results are
completed (based on the SWAs’ wage survey plans) using the following standard form:
Form ETA-232, Domestic Agricultural In-Season Wage Report (OMB Control No. 1205-0017,
Expiration 03/31/2023) https://www.dol.gov/sites/dolgov/files/ETA/oflc/pdfs/ETA-232.pdf.
Form ETA-232 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 at 20 CFR 655.122 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, once tabulated, transmitting the survey
results in summary form to OFLC’s Chicago National Processing Center (CNPC) as soon as the
employment practice results are completed. The prevailing practice or normal and accepted
requirements 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. Referrals to Department of Justice (DOJ), Immigrant and Employee Rights (IER) section.
SWAs may identify a matter that falls within the jurisdiction of DOJ’s IER. 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: 05/31/2021
Attachment III
FISCAL YEAR (FY) 2021 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 2021
(October 1, 2020 through September 30, 2021) 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
Category of OFLC Program Total
Services/Activities
FY 2019 FY 2021 FY 2021 Estimated
FY 2021
Workload Workload Workload Workload(1)
Actual per ETA Completed Projected [add previous
9127 2 columns]
Report
A. Number of H-2A agricultural clearance Click or tap here to Click or tap here to Click or tap here to Click or tap here to
job orders processed and projected to be enter text. enter text. enter text. enter text.
processed.
B. Number of H-2A prevailing wage Click or tap here to Click or tap here to Click or tap here to Click or tap here to
surveys conducted and projected to enter text. enter text. enter text. enter text.
be conducted.
C. Number of H-2A prevailing practice Click or tap here to Click or tap here to Click or tap here to Click or tap here to
surveys conducted and projected to be enter text. enter text. enter text. enter text.
conducted.
D. Number of H-2A housing inspections Click or tap here to Click or tap here to Click or tap here to Click or tap here to
conducted and projected to be enter text. enter text. enter text. enter text.
conducted. (2)
E. Number of H-2A range housing Click or tap here to Click or tap here to Click or tap here to Click or tap here to
inspections conducted and projected to enter text. enter text. enter text. enter text.
be conducted, as required by 20 CFR
655.230 (if applicable).
F. Number of written notices provided to
organizations providing employment
and training services to workers likely
to apply for H-2A job opportunities or
placed in physical locations where
such workers are likely to gather.
G. Number of H-2B job orders Click or tap here to Click or tap here to Click or tap here to Click or tap here to
processed and projected to be enter text. enter text. enter text. enter text.
processed.
H. Number of CW-1 job offers Click or tap here to Click or tap here to Click or tap here to Click or tap here to
maintained on website (only enter text. enter text. enter text. enter text.
applicable for CNMI).(3)
I. Number of Full Time Equivalent Click or tap here to
(FTE) staff funded by this grant. enter text.
(1) Workload includes completed OFLC program services/activities provided and services/activities planned for the period between October 1, 2020 and September 30, 2021.
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 make H-2B visa determinations in specific cases “after
consultation with appropriate agencies of the Government, upon petition of the importing
employer.” 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 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 part 655, Subpart A, the SWA 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 SWA agrees to carry
out the following state activities:
1. Stakeholder Education and Outreach: Make available in a conspicuous location on
the SWA 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 SWA job order form that is accessible and can be completed electronically;
and current contact information within the SWA for employers to request technical
assistance.
No less frequently than once a year, the SWA 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
SWA 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.
In addition, pursuant to the President’s Executive Order on Advancing Racial Equity and
Support for Underserved Communities through the Federal Government, the SWA will
make efforts to conduct education and outreach activities with businesses of color and
other historically underserved groups.
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 SWA 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 SWA 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 SWA has capability for
employers to place job orders for review in the following manner:
Please check all that apply:
☐ Self-services by accessing the SWA’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 SWA contact information including email address where
employers can submit H-2B job orders]
Please check one of the following:
☐ The SWA’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 SWA’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 at 20 CFR 655.16(a)(1) to the
SWA 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 SWA 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 SWA at:
[Insert state agency website link here]
3. Processing of H-2B Job Orders: Upon receipt, the SWA 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 SWA
will review the proposed or draft job order, upon request by the DOL Certifying
Officer (CO), and made available through the OFLC Foreign Labor Application
Gateway (FLAG) System.
a. Compliance Review of Job Orders
Using an authorized SWA FLAG System account, the SWA will notify
the DOL CO of any deficiencies within six business days of the date the
employer’s job order was received;
For each deficiency identified, the SWA 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
SWA 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 SWA
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 SWA 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 and uploads the
modified documents through the SWA FLAG System account;
1
The Consolidated Appropriations Act, 2021 prohibits DOL from using FY 2021 appropriations 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 (P.L. 116-260,
Div. H, Tit. I, Sec. 111). 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.
– Promptly place on its active file the job order approved by the DOL
CO, as well as job orders received from other 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 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 SWA 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 SWA’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 SWA 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 SWA will make available records of
U.S. workers referred through 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, using the SWA FLAG System account; and
For complaints against an employer about a specific H-2B job order to
which U.S. workers were referred, the SWA 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 SWA 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 SWA
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 using the
SWA FLAG System account;
In accordance with 29 CFR 503.7, the SWA agrees to refer to the appropriate
office of the Wage Hour Division (WHD) 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 SWA 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(a)(1), 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 workers in the United States similarly employed.
In accordance with DOL regulations at 20 CFR Subpart B, the SWA 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 using the SWA FLAG
System account. Specifically, the SWA 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 SWA 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 SWA 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.
In addition, pursuant to the President’s Executive Order on Advancing Racial Equity
and Support for Underserved Communities through the Federal Government, the
SWA will make efforts to conduct education and outreach activities with businesses
of color and other historically underserved groups.
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 SWA 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 SWA’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 SWA 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 of the job order using the SWA
FLAG System account, the SWA 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 SWA
will make every effort to review the proposed or draft job order, upon request by
the DOL CO, and made available using the SWA FLAG System account.
a. Compliance Review of Job Orders
– The SWA 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 SWA
will promptly record the decision using the SWA FLAG
System account and 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, and make a copy of
this notification available for the DOL CO’s review using the
SWA FLAG System account;
– The SWA agrees to respond within three calendar days after receipt
of the employer’s response, and make a copy of this response
available for the DOL CO’s review using the SWA FLAG System
account; and
– In circumstances where a timely review of the job order cannot be
performed, the SWA 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 SWA or the DOL CO in the NOA under 20 CFR 655.143, the
SWA will (1) promptly record the decision on the job order using the
SWA FLAG System account, and (2) place the approved job order in
intrastate clearance per 20 CFR 655.121(b)(2) and commence
recruitment of U.S. workers;
– The SWA 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 SWA 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 SWA 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 per 20 CFR 655.121(b)(2) 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.
Provide written notice of the job opportunity to
organizations that provide employment and training
services to workers likely to apply for the job and/or
to place written notice of the job opportunity in other
physical locations where such workers are likely to
gather per 20 CFR 655.143(b)(5).
c. Referral of Qualified and Available U.S. Workers
– The SWA’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 SWA 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 until
50% of the contact period calculated from the first date indicated in Section
A.3 of Form ETA-790A. 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
– Using the SWA FLAG System account, the SWA will make available records of
U.S. workers referred through 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.
d. Providing Written Notice of Certain H-2A Job Opportunities
– The SWA will, if directed by the DOL CO, provide written notice of an H-2A job
opportunity to organizations that provide employment and training services to
workers likely to apply for that job opportunity and/or place written notice of that
job opportunity in other physical locations where such workers are likely to gather
per 20 CFR 655.143(b)(5).
4. Conducting Prevailing Wage Surveys: This section of the grant plan identifies
the schedule of the agricultural prevailing wage surveys (including logging
activities) the SWA 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 SWA 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 reliable 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 SWA may use sub-state reporting areas
for conducting prevailing wage surveys; and
The SWA agrees to submit all completed and signed Form ETA-232
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
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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 SWA 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 SWA 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
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here to enter to enter text. text. enter text. to enter text.
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6. Scheduling and Conducting Housing Inspections:
All Housing Inspections. The SWA agrees to develop and maintain a plan to
schedule housing inspections prior to the filing of job orders from 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 SWA 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. Additionally, the
SWA 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.
Employer-Provided Housing. In accordance with 20 CFR 655.122(d)(1)(i),
the SWA agrees to schedule and conduct pre-occupancy inspections of
housing to be furnished to H-2A workers and non-H-2A workers in
corresponding employment 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 SWA DOES NOT have jurisdiction to inspect rental and/or
public accommodation housing.
☐ The SWA 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, the SWA 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.
Except in circumstances where the DOL has a special procedure or as
permitted by 20 CFR 655.230, the SWA 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 SWA 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 SWA DOES NOT use alternative methods or arrangements
for conducting pre-occupancy housing inspections. The SWA is
solely responsible for scheduling and conducting pre-occupancy
housing inspections.
☐ The SWA 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 SWA 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.
Alternative Inspection Methods During Emergency Situations: In
situations where physical housing inspections cannot reasonably be
performed, such as during Acts of God or pandemic health issues, the
SWA may implement the below alternative methods and procedures on a
temporary basis to verify that housing meets all applicable standards. The
SWA will retain all documentation and records demonstrating compliance
and make such information available to DOL upon request.
[Insert a description of the alternative methods and
procedures that may be implemented by the SWA, including
examples of acceptable documentation or evidence the SWA
will rely upon to determine compliance.]
7. Post-Determination Services: The SWA agrees to provide support services to
the DOL CO after a final determination in the following circumstances:
The SWA agrees to cooperate and, to the extent resources are available, assist
the State Monitor Advocate in conducting field checks on approved H-2A job
orders to ensure compliance with the material terms and conditions of
employment under 20 CFR 653 and 655;
In accordance with 20 CFR 655.166 and upon request by the DOL CO, the
SWA 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 SWA 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 SWA agrees to utilize
the existing Employment Service and Employment-Related Law 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 SWA
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 SWA 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 SWA
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 SWA’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 SWA 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
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Job title
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Address
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City State Postal code
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enter text. enter text.
Telephone number (including extension) Fax number
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E-mail address
Click or tap here to enter text.
H-2B Program Point-of-Contact (if different than the contact listed above)
Last name First name
Click or tap here to enter text. Click or tap here to enter text.
Job title
Click or tap here to enter text.
Address
Click or tap here to enter text.
City State Postal code
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enter text. enter text.
Telephone number (including extension) Fax number
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E-mail address
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Fiscal Grant Point-of-Contact (if different than the contact listed above)
Last name First name
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Job title
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Address
Click or tap here to enter text.
City State Postal code
Click or tap here to enter text. Click or tap here to Click or tap here to
enter text. enter text.
Telephone number (including extension) Fax number
Click or tap here to enter text. Click or tap here to enter text.
E-mail address
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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 2021 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
Instructions for Completing the Budget Narrative
For all grantees, use the following guidance below when writing the budget narrative:
IMPORTANT: If a total amount for each line item listed below is included in the narrative, please be sure
the amount in the narrative matches the corresponding line items on the SF-424A, Application for Federal
Assistance.
Personnel: List all staff positions by title (current and proposed). Provide the annual salary of each position,
percentage of each position’s time devoted to the project, the amount of each position’s salary funded by the
grant, and the total personnel cost for the program year.
Fringe Benefits: Provide a breakdown of the amounts and percentages that comprise fringe benefit costs,
such as health insurance, FICA, retirement, etc.
Travel: Specify the purpose, mileage, per diem, estimated number of in-state and out-of-state trips, and under costs for
each type of travel.
Equipment: Identify each item of equipment to be purchased which has an estimated acquisition cost of
$5000 or more per unit and a useful life of more than one year (see 2 CFR 200__ for the definition of
equipment). List the quantity and unit cost per item. Items with a unit cost of less than $5000 are
considered supplies.
Supplies: Supplies include all tangible personal property other than “equipment” (see 2 CFR 200__ for the
definition of supplies). List the quantity and unit cost per item.
Contractual: Identify each proposed contract and specific purpose and estimated cost. If applicable, identify
any sub-recipient agreements, including purpose and estimated costs.
Construction: Construction costs are not allowed and this line must left as zero.
Other: List each item in sufficient detail for us to determine whether the costs are reasonable or allowable.
List any item, such as stipends or incentives, not covered elsewhere.
Indirect Charges: The following link contains specific DOL information regarding indirect charges:
https://www.dol.gov/agencies/oasam/centers-offices/office-of-the-senior-procurement-executive/cost-price-determination-division.
Attachment VII
FY 2021 Actual Funding Guidance and Funding Levels
The funding authorized for foreign labor certification state grants in the Consolidated
Appropriation Act, 2021 was allocated to the SWAs as described below:
1) Base Allocation ($14,167,000): With limited exceptions, a base allocation was
allocated to each SWA equivalent to its grant award for FY 2020. The
exceptions are comprised of SWAs meeting each of the following criteria:
a. the SWA processed an annual average of less than five total H-2A job
orders annually during the three most recently completed fiscal years,
b. the SWA processed an annual average of less than five total H-2B job
orders annually during the three most recently completed fiscal years;
and
c. less than five total housing units were identified on H-2A job orders
processed by the SWA during FY 2020.
In circumstances where a SWA’s actual workload met all three of these
aforementioned factors, the SWA was allocated $5,000 to support the costs
associated with processing this minimal level of foreign labor certification
workload. The SWAs meeting these criteria were the District of Columbia,
Guam, Puerto Rico, and the Virgin Islands.
2) Supplemental Allocation ($6,115,000): In addition to its base allocation,
each SWA, except those meeting the criteria described above, was allocated
a supplemental allocation. Each SWA’s supplemental allocation was
determined in the following manner:
a. One-third of the available funding was based on each SWA’s
proportion of the estimated total national housing inspection
workload. This was defined as the total number of housing units
identified on H-2A job orders processed during FY 2020 and located
in the jurisdiction of the SWA divided by the total number of housing
units identified on H-2A job orders processed during FY 2020 by all
SWAs.
b. Two-thirds of the available funding was based on each SWA's share
of the total national workload associated with reviewing and posting
H-2A and H-2B job orders during the three most recent fiscal years
(FY 2018 – 2020).
Seventy percent of this two-thirds amount was allocated
based on each SWA’s share of the total H-2A job orders
processed during the three most recently completed fiscal
years (FY 2018 – 2020). For example, if SWA 1 processed
five percent of the total national H-2A job orders processed
during the three most recent fiscal years, then SWA 1 would
receive five percent of the funding allocated on the basis of
H-2A job orders. Because SWA reviews of H-2A job orders
have significantly more complex regulatory requirements
than SWA reviews of H-2B job orders, a higher percentage of
the available resources were allocated on the basis of H-2A
job orders than on H-2B job orders.
The remaining thirty percent of the two-thirds amount was
allocated based on each SWA’s share of the total H-2B job
orders processed during the three most recently completed
fiscal years (FY 2018 – 2020). For example, if SWA 1
processed five percent of the total H-2B job orders processed
during the three most recent fiscal years, then SWA 1 would
receive five percent of the funding allocated on the basis of
H-2B job orders.
3) Total Grant Allocation: The combined total of each SWA’s base allocation
and supplemental allocation comprises the SWA’s total FY 2021 grant
award.
4) Data Sources: The data sources used to support the allocation of supplemental funding for
SWAs are available in the OFLC disclosure data published at
www.dol.gov/agencies/eta/foreign-labor/performance. Housing unit data was derived from the
Form ETA-790A, Addendum B. Because the collection of housing unit data was first
implemented in October 2019, workload information derived using this information is only
available for one completed fiscal year (FY 2020). Information on the number of job orders
processed by each SWA, however, is available for multiple prior fiscal years. Therefore, data
from the three most recently completed fiscal years was used for the workload factors
associated with job orders in order to more accurately reflect long-term trends.
FY 2021 Funding Level: $20,282,000
*The funding amount below must be indicated on the SF-424 and SF-424A for FY 2021
Base Allocation: Supplemental Allocation: Total FY 2021 Grant:
Total $14,167,000 $6,115,000 $20,282,000
Alabama $122,000 $41,640 $163,640
Alaska $76,145 $13,080 $89,225
Arizona $160,587 $92,097 $252,684
Arkansas $100,230 $118,758 $218,988
California $1,500,000 $423,695 $1,923,695
CNMI $65,500 $6,620 $72,120
Colorado $241,500 $167,160 $408,660
Connecticut $250,000 $29,264 $279,264
Delaware $65,000 $11,092 $76,092
District of Columbia $5,000 $0 $5,000
Florida $470,000 $386,005 $856,005
Georgia $480,000 $211,762 $691,762
Guam $5,000 $0 $5,000
Hawaii $60,000 $3,902 $63,902
Idaho $400,000 $227,405 $627,405
Illinois $300,000 $74,588 $374,588
Indiana $92,361 $61,718 $154,079
Iowa $207,185 $86,565 $293,750
Kansas $110,010 $63,485 $173,495
Kentucky $300,000 $316,260 $616,260
Louisiana $255,000 $308,295 $563,295
Maine $265,000 $63,624 $328,624
Maryland $433,424 $56,288 $489,712
Massachusetts $755,000 $79,775 $834,775
Michigan $320,000 $155,628 $475,628
Minnesota $130,000 $71,991 $201,991
Mississippi $165,000 $91,748 $256,748
Missouri $150,558 $67,678 $218,236
Montana $278,811 $106,964 $385,775
Nebraska $100,000 $71,511 $171,511
Nevada $115,000 $183,605 $298,605
New Hampshire $53,625 $20,517 $74,142
New Jersey $400,000 $61,331 $461,331
New Mexico $70,000 $20,887 $90,887
New York $1,400,000 $231,147 $1,631,147
North Carolina $483,800 $507,041 $990,841
North Dakota $186,000 $154,357 $340,357
Ohio $275,000 $93,787 $368,787
Oklahoma $96,500 $52,266 $148,766
Oregon $315,000 $52,660 $367,660
Pennsylvania $400,000 $107,323 $507,323
Puerto Rico $5,000 $0 $5,000
Rhode Island $76,145 $5,908 $82,053
South Carolina $209,000 $85,154 $294,154
South Dakota $100,000 $86,733 $186,733
Tennessee $220,251 $142,605 $362,856
Texas $450,000 $327,994 $777,994
Utah $120,000 $109,849 $229,849
Vermont $130,000 $28,488 $158,488
Virgin Islands $5,000 $0 $5,000
Virginia $424,931 $152,861 $577,792
Washington $400,000 $172,579 $572,579
West Virginia $50,000 $7,593 $57,593
Wisconsin $150,000 $40,084 $190,084
Wyoming $88,437 $61,633 $150,070
Online Wage Library $80,000 $0 $80,000
Attachment VIII
Amendment A:
Commonwealth of the Northern Mariana Islands (CNMI) CW-1
Program Fiscal Year (FY) 2021 Office of Foreign Labor Certification (OFLC)
Grant Planning
Guidance CW-1 Temporary Employment Activities
Title VII of the Consolidated Natural Resources Act of 2008 provided 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 established 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.
The Northern Mariana Islands U.S. Workforce Act of 2018 (Workforce Act) was passed
to increase the percentage of U.S. workers in the total workforce of the Commonwealth
while maintaining the minimum number of non-U.S. workers to meet the changing
demands of the Commonwealth’s economy, to encourage the hiring of U.S. workers,
and to ensure U.S. workers are not at a disadvantage for employment or displaced by
non-U.S. workers. In accordance with the Workforce Act, DHS promulgated
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 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 at 20 CFR part 655, subpart E, 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.
Pursuant to the President’s Executive Order on Advancing Racial Equity and Support
for Underserved Communities through the Federal Government, the SWA will make
efforts to conduct education and outreach activities with businesses of color and other
historically underserved groups.
B. Placement of CW-1 Job Advertisement: employer must place an advertisement
with the CNMI Department of Labor for a period of 21 consecutive calendar days.
All advertisements must satisfy the requirements codified in 20 CFR 655.441.
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
20 CFR 655.442. The CNMI Department of Labor has 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 calendar 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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