Fiscal Year 2015 Foreign Labor Certification grant planning

Letter

Official PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2015/TEGL_33-14_Acc.pdf

CLASSIFICATION
   EMPLOYMENT AND TRAINING ADMINISTRATION              Foreign Labor Certification
               ADVISORY SYSTEM                         CORRESPONDENCE SYMBOL
          U.S. DEPARTMENT OF LABOR                     OFLC
             Washington, D.C. 20210                    DATE
                                                        May 11, 2015

ADVISORY:            TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 33-14

TO:                  STATE WORKFORCE AGENCY ADMINISTRATORS

FROM:                PORTIA WU /s/
                     Assistant Secretary

SUBJECT:             Fiscal Year (FY) 2015 Foreign Labor Certification (FLC) Grant Planning
                     Guidance

1. Purpose. To provide guidance for the funding and management of FY 2015 annual grant
   allocations in order to perform FLC program activities.

2. 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;
   • Northern Mariana Islands Covenant Implementation Act, Pub. L. 94-241, Section 302;
   • Consolidated Natural Resources Act, Pub. L. 110-229, 122 Stat. 865, Title VII – Northern
      Mariana Islands, Subtitle A-Immigration, Security, and Labor;
   • Wagner-Peyser Act, 29 U.S.C. 49f(d);
   • Division F, Title I, “State Unemployment Insurance and Employment Service
      Operations,” Subs. 5, 125 Stat. 786, 1055 (Pub. L. 112-74), as incorporated by
      Continuing Appropriations Resolution, 2013, Pub. L. 112-175, Section 101(a)(8), 126
      Stat. 1313, and as amended by Continuing Appropriations Act, 2014, Pub. L. 113-46, 127
      Stat. 567;
   • U.S. Citizenship and Immigration Services regulations at 8 CFR Part 214;
   • 20 CFR Parts 653, subpart F, 654, subpart E, 655, subparts A and B, 656 and 658;
   • 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal Governments (OMB
      Circular A-87);
   • OMB Circular No. A-102, Grants and Cooperative Agreements with State and Local
      Governments;
   • Employment and Training (ET) Handbook No. 385, Employment Service Forms
      Preparation Handbook, “Wage Finding Process,” August, 1981;
   • Guide for Employment Service Reimbursable Grant Activities;
   • ETA H-2A Program Handbook No. 398, January 1988; and

 RESCISSIONS                                           EXPIRATION DATE
 None                                                  Continuing

   •   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.

3. Background. The Department of Labor administers Foreign Labor Certification programs
   through the Employment and Training Administration’s Office of Foreign Labor Certification
   (OFLC), with the assistance of State Workforce Agencies (SWAs). Congress appropriates
   funding to OFLC, through the Wagner-Peyser allocations under the State Unemployment
   Insurance and Employment Service Operations provisions, to meet certain obligations
   mandated by the Immigration and Nationality Act (INA). OFLC provides annual guidance
   and funding levels to the SWAs to support foreign labor certification activities. This TEGL
   provides programmatic guidance and financial information to SWAs to support these OFLC
   activities in FY 2015.

4. 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
   FLC program activities for FY 2015. Within 30 calendar days from the date of this
   TEGL’s issuance, SWAs must submit their grant applications to OFLC unless they are in
   receipt of an approved written extension from the OFLC National Office. We request that
   Administrators receiving this guidance share this information within their respective State
   and territory structures in order to ensure fiscal and program public workforce system
   members are fully aware of the required FY 2015 FLC grant application processes and
   timelines.

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

6. Attachments.

   Attachment 1 - Program Planning Guidance and Information Package
   Attachment 2 - Fiscal Year (FY) 2015 Annual Plan
   Attachment 3 - Annual Plan Certification
   Attachment 4 - FY 2014 Funding Level (provided as estimates for use in determining FY
                  2015 final funding levels)

Attachment 1

Official PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2015/TEGL_33-14_Attachment_1.pdf

Attachment 1

                     Program Planning Guidance and Information Package

I.    Introduction

      The Immigration and Nationality Act entrusts specific responsibilities to the U.S. Secretary
      of Labor (Secretary) for the administration of certain employment-based immigration
      programs that require a labor certification. These statutory responsibilities include
      determining whether there are able, willing, and qualified U.S. workers for a position for
      which certification is requested and whether any adverse impact exists on similarly-
      employed U.S. workers should a labor certification be granted. Accordingly, statutory and
      regulatory provisions require all employers seeking a labor certification for either
      permanent or temporary nonimmigrant labor to apply first to the Secretary for certification.
      The Secretary has delegated these responsibilities to the Office of Foreign Labor
      Certification (OFLC) of the Employment and Training Administration (ETA).

      Under the State Unemployment Insurance and Employment Service Operations (SUIESO)
      account, Congress appropriates funding for State activities supporting foreign labor
      certification and the Federal administration of foreign labor certification programs as two
      separate activities. The Federal Administration activity funds Federal program functions,
      such as the receipt and processing of employer-filed applications for permanent and
      temporary labor certification.

      The State Grants activity funds State employment services supporting the Federal foreign
      labor certification program including the review and clearance of job orders, inspection of
      employer-provided housing, and the administration of prevailing wage and practice
      surveys. ETA, through OFLC, distributes these funds annually to State Workforce
      Agencies (SWAs) as fiscal year (FY) formula grants in accordance with approved State
      plans. This document provides SWAs with the necessary guidelines for updating their
      annual plans and requesting funds in order to carry out their foreign labor certification
      program support responsibilities. The annual plan submitted must show activity to be
      performed or previously performed between October 1, 2014 and September 30, 2015.

II.   Grant Procedures

      A. Grant Application. The SWA grant application must be developed in accordance with
         the instructions contained in this Training and Employment Guidance Letter (TEGL).
         The grant application package submitted by the SWA to OFLC should consist of: (1) a
         transmittal letter and (2) one original and one copy of the following documents:

             Application for Federal Assistance (SF-424), Expiration Date 08/31/2016, Office of
             Management and Budget (OMB) Control No. 4040-0004 (Grants.gov).
             http://www.grants.gov/web/grants/forms/sf-424-family.html

       Budget Information -Non-Construction Programs, SF 424A (sections B and D
       only), Expiration 08/31/2016, OMB Control No. 4040-0006 (Grants.gov).
       http://apply07.grants.gov/apply/forms/sample/SF424A-V1.0.pdf

       Important Notes:

            1. Please submit a listing, in addition to the grant budget form narrative
           including supporting documentation, to explain and justify any proposed
           equipment purchases of $5,000 or more.
            2. Please submit, in addition to the grant budget form, a narrative including
           supporting documentation to explain and justify any proposed contracts and/or
           subcontracts the SWA intends to execute to carry out these grant activities.
            3. Prior approval of any equipment exceeding $5,000 and any
           contracts/subcontracts must be obtained per 29 CFR 97.32 (equipment) and 29
           CFR 97.30 (subgrants/contracts).
            4. In addition to the above additional justifications (if needed) and submitting the
           total grant amount request as specified in the 424 and 424a, please note the
           application/budget must be based on projected State/territory needs for a
           period of one year.
            5. Full-year funding levels will not be confirmed until a FY 2015 appropriation
           for this purpose is enacted; please use Attachment 4 to this TEGLas guidance
           for estimated funding.

       FY 2015 Annual Plan

            Foreign Labor Certification Workload (Attachment 2, Section A)

             H-2B Program Activities (Attachment 2, Section B)

             H-2A Program Activities (Attachment 2, Section C)

            Cost of H-2A and H-2B Temporary Labor Certification Activities
            (Attachment 2, Section D)

            Grantee Contact Information (Attachment 2, Section F)

            Annual Plan Certification (Attachment 3)

B. Grant Submission. Absent receiving an approved written extension from the OFLC
   National Office, a completed grant application package must be submitted by the SWA
   to OFLC within 30 calendar days following the date of issuance of the planning
   guidance using the following address:

         U.S. Department of Labor
         Employment and Training Administration
         Office of Foreign Labor Certification
         200 Constitution Avenue, NW, Room C-4312
         Washington, D.C. 20210
         Attn: OFLC Grants/Finance Team

    To expedite review of your grant application package, the preferred method is for
    SWAs to send a signed and scanned Word or PDF copy of the application to
    [email protected]. Please include “FY 2015 SWA Grant Plan” in the subject line of
    the e-mail.

C. 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. When it is
   determined that the grant application package meets the established criteria, the OFLC
   Administrator will recommend approval to the ETA Grant Officer. After reviewing the
   approved grant application package from the OFLC Administrator, the ETA Grant
   Officer will issue the grant, including the approved grant application package and a
   Notice of Obligation, to the SWA.

D. Grant Signatures. The SWA’s authorized representative must sign all signature pages
   of the grant application. If that individual has changed from the prior year, you must
   provide an official letter, on State letterhead, with the grant application package
   identifying the new authorized representative.

E. Grant Modifications. The grantee and the ETA Grant Officer, at the recommendation
   of the OFLC Administrator, may jointly modify the FY 2015 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. The OFLC Administrator has the authority to recommend funding
   adjustments to the ETA Grant Officer when overall grant expenditures are substantially
   below or exceed forecasted or actual spending levels. 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 a
   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
   under the grants.

III. Grant Reporting Procedures

    As a condition of receiving these grant funds, SWAs agree to carry out responsibilities
    supporting the Federal administration of foreign labor certification programs in accordance
    with all applicable regulations, policies, procedures, handbooks, manuals, and other
    directives, including but not limited to 20 CFR parts 655 and 656, 29 CFR Part 97 and 2
    CFR Part 225. These requirements will continue to apply even if there is a regulatory
    change during the fiscal year. If changes to the program warrant, OFLC will issue further
    guidance. 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 the 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, as fiscal constraints allow. OFLC
    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.

    SWAs will report financial and program management information using the following
    required reports:

   A. Financial Status Report. ETA requires all grant recipients to submit the ETA Form
      9130, U.S. DOL Financial Report (OMB Control No. 1205-0461, Expiration
      12/31/2015) on a quarterly basis providing detailed expenditure information on the
      grant award activities. The ETA Form 9130 report is due no later than 45 calendar
      days after the end of each quarter left in the fiscal year and must be submitted
      online through ETA’s Grantee Reporting System at
      https://www.etareports.doleta.gov/CFDOCS/grantee_prod/reporting/index.cfm. You
      can obtain a copy of the ETA Form 9130 at the following Web site:
      http://www.doleta.gov/grants/docs/ETA-9130-ESandUI.pdf.

                                        Reporting                     Report
           Fiscal Year 2015
                                         Months                     Due Date*
               1st Quarter          October – December           February 14, 2015
              2nd Quarter              January – March              May 15, 2015
               3rd Quarter               April – June             August 14, 2015
               4th Quarter            July – September          November 14, 2015
                th
        * If the 15 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
   E-Grants Helpdesk via e-mail at [email protected] or 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).

B. Program Activity Report. To account for work performed under the grant, SWAs must
   submit the ETA Form 9127, Foreign Labor Certification Quarterly Activity Report
   (OMB Control No. 1205-0457, Expiration 09/30/2015) on a quarterly basis providing
   detailed information on H-2A and H-2B program activities.

   The data required by the ETA Form 9127 are available to the SWAs as part of their
   routine processing of requests from employers (SWAs currently maintain this data).
   The ETA Form 9127 report is due within 2 weeks after the end of each quarter
   during the fiscal year and may be submitted by e-mail directly to OFLC at
   [email protected]

   OFLC will promptly review the report for completeness and notify the SWA of any
   inaccuracies or deficiencies requiring correction. You can obtain a copy of the ETA
   Form 9127 at the following Web site:
   http://www.foreignlaborcert.doleta.gov/pdf/9127Instructions_Final.pdf

                                     Reporting                   Report
     Fiscal Year 2015
                                      Months                    Due Date*
          1st Quarter          October – December            January 15, 2015
         2nd Quarter              January – March             April 15, 2015
         3rd Quarter                April – June               July 15, 2015
          4th Quarter            July – September            October 15, 2015
             th

    * If the 15 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 difficulties submitting the report, please contact
   the OFLC Grants/Finance Team via e-mail at [email protected] or phone at
   (202) 693-3010.

C. Agricultural Prevailing Wage Survey Reports. A critical component of OFLC’s ability
   to grant a labor certification under the H-2A temporary agricultural program is a
   finding that the wages of similarly-employed U.S. workers are not adversely impacted

   by the admission of temporary foreign workers. To that end, 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 (20 CFR 655.120(a)).

   SWAs collect and provide vital 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 (also see, 20 CFR 653.501(d)(4)). These employer wage results
   are collected through survey instruments designed by the SWA, conducted in
   accordance with the ET Handbook No. 385, 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:

   ETA Form 232, Domestic Agricultural In-Season Wage Report (OMB Control No.
   1205-0017, Expiration 09/30/2016)
   http://www.foreignlaborcert.doleta.gov/pdf/in_season.pdf

   ETA Form 232A, Wage Survey Interview Record (OMB Control No. 1205-0017,
   Expiration 09/30/2016) http://www.foreignlaborcert.doleta.gov/pdf/wage.pdf.

   ETA Forms 232 and 232A may be submitted electronically directly to OFLC at
   [email protected] or mailed to the following address:

         U.S. Department of Labor
         Employment and Training Administration
         Office of Foreign Labor Certification
         200 Constitution Avenue, NW, Room C-4312
         Washington, D.C. 20210
         Attn: H-2A Prevailing Wage Surveys

   If the SWA experiences any technical issues conducting or submitting the prevailing
   wage survey results, please contact the OFLC Temporary Programs Team, via
   e-mail at [email protected] or phone at (202) 693-3010.

D. Agricultural Employment Practice Survey Reports. The Department of Labor
   (Department) 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, Department
   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 (NPC) 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 Chicago NPC at [email protected] 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 Chicago NPC, via e-mail at
[email protected] or phone at (312) 886-8000.

Attachment 2

Official PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2015/TEGL_33-14_Attachment_2.pdf

Attachment 2                                                                                  OMB Approval: 1225-0086
                                                                                              Expiration Date: 01/31/2016

                           FISCAL YEAR (FY) 2015 ANNUAL PLAN
                          (Please complete all yellow highlighted fields)

____________ (Insert SWA Name)_________________________ has prepared the following
plan and statement of assurances for delivering services during FY 2015 (October 1, 2014
through September 30, 2015) to support the Federal administration of foreign labor certification
(FLC) programs in accordance with all applicable regulations, policies, procedures, handbooks,
manuals, and other directives.

A. Foreign Labor Certification Workload

                                                       FY 2015           FY 2015          TOTAL FY 2015
         Category of OFLC Program
                                                       Workload          Workload           Workload(1)
             Services/Activities                         Completed      To be Processed     add previous columns

   A. Number of job orders related to H-2A
      temporary labor certification
      applications processed and expected
      to be processed.
   B. Number of prevailing wage surveys
      conducted and expected to be
      conducted in agricultural activities.
   C. Number of prevailing practice
      surveys conducted and expected to be
      conducted in agricultural activities.
   D. Number of housing inspections
      conducted and expected to be
      conducted in anticipation of H-2A job
      orders.
   E. Number of job orders related to H-2B
      temporary labor certification
      applications processed and expected
      to be processed.
   F. Number of Full Time Equivalent
      (FTE) staff funded by this grant.

   (1)    Workload includes actual OFLC program services/activities provided or services/activities planned for
          the period between October 1, 2014 and September 30, 2015.

B. H-2B Temporary Nonagricultural Program Activities

   The SWA agrees to carry out all state activities in support of the Secretary's responsibilities
   under 8 U.S.C. 1101(a)(15)(H)(ii)(b) and 20 CFR 655 Subpart A, to certify those U.S.
   employers intending to petition Department of Homeland Security (DHS) to admit H–2B
   workers, that there are not enough able and qualified U.S. workers available for the position
   sought to be filled and that the employment of the foreign worker(s) will not adversely affect
   the wages and working conditions of similarly employed U.S. workers. This section of the
   plan describes how the SWA will receive job orders to be placed in connection with future
   H-2B applications, process job orders in compliance with all applicable regulatory
   requirements, and manage referrals of qualified U.S. workers to the job opportunity.

    1. Description of the process by which employers, desiring to hire foreign workers in
      temporary nonagricultural employment, can submit a job order to the SWA (i.e., self-
      service or staff assisted) and how the employer identifies it as a job order placed in
      connection with a future application for H-2B workers. Where employers use self-
      services to submit job orders, a description of how the SWA identifies H-2B related job
      orders through a labor exchange system management report or using other automated
      mechanisms.

                                   [SWA narrative inserted here]

    2. A detailed step-by-step explanation of the process by which the SWA reviews job orders
      placed in connection with a future application for H-2B workers. Such a description
      should include the standard of review or criteria used to evaluate job order language,
      process for communicating deficiencies and/or notifying employers that the job order is
      acceptable, and the expected timeframes for conducting reviews of employer job orders.
      Include any relevant documentation (e.g. job order review worksheet, Standard Operating
      Procedure, process flow map) on the SWA job order review process. Where employers
      use self-service to submit job orders, an explanation of the post-submission automated
      process used by the labor exchange system to review and post job orders.

      Important Note: In circumstances where the SWA has determined that a job order filed
      in connection with a future application for H-2B workers must be open for longer than 10
      calendar days, a description of the SWA’s policies or procedures for handling such job
      orders must be included.

                                   [SWA narrative inserted here]

    3. Description of the process by which the SWA, upon receipt of a nonagricultural job order
      covering multiple states (e.g., multiple states within the same area of intended
      employment, itinerant jobs in tree planting, reforestation, utility right-of-way spraying,

      outdoor entertainment), promptly transmits, on behalf of the employer, a copy of the job
      order to interstate clearance..

                                   [SWA narrative inserted here]

    4. Description of how the SWA will refer qualified U.S. workers to the job opportunity,
      particularly those requiring interstate referral, and maintain records of referrals in the
      event such records are requested by the OFLC Certifying Officer in support of a final
      determination on a pending H-2B application or audit examination of a certified H-2B
      application.

                                   [SWA narrative inserted here]

C. H-2A Temporary Agricultural Program Activities

   The SWA agrees to carry out all activities in support of the Secretary's responsibilities under
   8 U.S.C. 1101(a)(15)(H)(ii)(a) and 1188, and 20 CFR Part 655, subpart B, to certify, upon
   application by a U.S. employer intending to petition Department of Homeland Security to
   admit H-2A workers, that there are not enough able and qualified U.S. workers available for
   the position sought to be filled, and that the employment of the foreign worker(s) will not
   adversely affect the wages and working conditions of similarly-employed U.S. workers.

   This section of the plan describes how the SWA will conduct agricultural surveys of
   prevailing wages, prevailing practices, and normal and accepted requirements. It also
   includes standards applicable to SWA-conducted housing inspections.

   a. Schedule of the agricultural prevailing wage surveys (including logging activities) the
      SWA plans to conduct during the performance period of the grant in accordance with ET
      Handbook No. 385, including anticipated survey timeframes by area (e.g., statewide,
      regional), crops or other agricultural activities/commodities, and approximately when
      wage results are expected to be transmitted to the OFLC National Office (via the ETA
      Forms 232 and 232A) for review. The SWA’s schedule of surveys may be based upon
      current and historical agricultural job order activities or other information about major
      crops/commodities within the State’s agricultural sector.

      Important Note: Consistent with the ETA 385 Handbook, the SWA should prioritize 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. Sub-State reporting areas are acceptable as long as
   substantial dissimilarities in crop or related conditions within parts of the State exist.

    [SWA schedule of wage surveys inserted here and, if necessary, include attachments]

b. 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 ET 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 Chicago National Processing Center (NPC) for
   review.

   [SWA schedule of employment practice surveys inserted here and, if necessary, include
                                     attachments]

   The SWA agrees to submit all completed prevailing practice and normal and accepted
   requirement surveys promptly to the OFLC Chicago NPC either electronically at
   [email protected] 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

c. In accordance with 20 CFR 655.122(d) and as a condition of issuing a temporary labor
   certification, SWAs must 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. Except in circumstances where the Department of
   Labor has promulgated special procedures, all employer-provided housing must, at a
   minimum, meet the full set of U.S. Department of Labor Occupational Safety and Health
   Administration standards at 29 CFR 1910.142 or the full set of standards at 20 CFR
   654.404-654.417, whichever are applicable under 20 CFR 654.401. To the extent
   practicable, the SWA will plan to schedule housing inspections before the filing of the
   agricultural clearance order for those employers who regularly use the H-2A Program.

  In order to ensure compliance with the Migrant Seasonal Worker Protection Act, the
  SWA must also make a copy of the approved housing inspection to the employer or its
  authorized representative.

  To the extent the SWA will use alternative methods for conducting pre-occupancy
  housing inspections such as through contracts, memoranda of understanding, or other
  cooperative agreements with State or local organizations, please include a short
  description of these arrangements. Additionally, where the employer is offering rental
  (e.g., hotels or motels) or other public accommodations to workers and the SWA requires
  from the employer proof that such housing is in compliance with state or local law or
  regulation, the SWA must provide a copy of this state or local law or regulation. And
  finally, SWAs involved in the mobile housing inspections associated with open range
  production of livestock applications processed under special procedures must maintain
  and make available to the Chicago NPC the three (3) year housing inspection schedules
  which allow employers to self-certify their mobile and fixed site housing.

  In accordance with instructions contained in the Notice of Acceptance issued by the NPC
  Certifying Officer, you must provide results of housing inspections so that a final
  temporary labor certification determination can be issued to the employer. The preferred
  method for supplying this information is by e-mail to [email protected]. If it is
  not possible to transmit this information by e-mail, the SWA may send it by fax: (312)
  353-3352 or U.S. Mail:

         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

[SWA narrative inserted here for alternative housing inspection methods and, if necessary,
include attachments of the most current 3-year inspection schedule for mobile housing and
     state or local law or regulation governing the inspection of rental or other public
                                  accommodation housing]

D. Cost of H-2A and H-2B Temporary Labor Certification Activities

   Please base the information supplied in the table below on available prior fiscal year
   expenditure data to estimate the cost of conducting State activities under the H-2A and H-2B
   temporary labor certification programs, including applications for logging. Please complete
   all yellow highlighted areas.

   Costing Sheet (Including Logging)

                                                                Total                 Total              Average
                         Activity
                                                               Number                 Cost                Cost(5)
    H-2A Housing Inspections(1)

    H-2A Prevailing Wage Surveys(2)

    H-2A Prevailing Practice and Normal and
    Accepted Requirement Surveys(2)

    H-2A Job Orders Processed(3)

    Total Cost of H-2A Activities(4)

    Staff Assisted H-2B Job Orders(6)
    Total Cost of H-2A and H-2B Activities(7)

   (1) H-2A Housing Inspections:
        Include in the total cost estimate: travel time, inspection time, travel mileage, and completion of
        paperwork. Include in the total, all housing inspections started during the prior FY regardless of the final
        completion date.
        • If housing inspections are done by another organization, estimate the cost that the H-2A portion adds
             to their total cost and include this amount in the table.

   (2) H-2A Prevailing Wage/Practice and Normal and Accepted Requirement Surveys:
        • Include in the total cost estimate the development of the survey instrument, postage, collection of
           responses, collation of information, and publication of results.
        • Include in the total, all surveys started during the prior fiscal year regardless of the final completion
           date.

   (3) H-2A Job Orders Processed:
        • Include in the total cost estimate the creation and maintenance of files, taking into account the cost
           associated with receiving and reviewing applications, referring applicants, and releasing orders into
           inter/intra-state job system.

   (4) Total Cost of H-2A Activities:
        • Total Cost of Housing Inspections plus Total Cost of Prevailing Wage/Practice Surveys plus Total
            Cost of Job Orders Processed.

   (5) Average Cost:
        • Total Cost of activity/Total Number of activity.

   (6) Staff Assisted H-2B Job Orders:
        • Total number of job orders.

   (7) Total Cost of H-2A and H-2B Activities
        • Add cost of all activities

E. Permanent Labor Certification Activities

The SWAs are expected to perform labor exchange activities necessary to support the
recruitment of U.S. workers under the permanent labor certification program. Such labor
exchange activities include placing job orders serving the area of intended employment and
receiving referrals of qualified applicants for consideration. Please note that these activities are
covered by existing Wagner-Peyser formula grants and not by the FLC grants that are the subject
of this Training and Employment Guidance Letter.

F. Grantee Contact Information

   H-2A Program Point-of-Contact

     Last (family) name                                       First (given) 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 (family) name                                                            First (given) 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 (family) name                                                            First (given) 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. Respondent’s reply
to these reporting requirements is required to obtain the benefits. Public reporting burden for this collection of information is estimated to
average 4 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 Office of Foreign
Labor Certification ● U.S. Department of Labor ● Room C4312 ● 200 Constitution Ave., NW, ● Washington, DC 20210.

Attachment 3

Official PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2015/TEGL_33-14_Attachment_3.pdf

Attachment 3

                             ANNUAL PLAN CERTIFICATION

____________ (Insert SWA Name)_________________________ certifies that it will carry out
all activities outlined in the fiscal year 2015 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 29 CFR
97.42(e)(1), 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 4

Official PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/TEGL/2015/TEGL_33-14_Attachment_4.pdf

Attachment 4

                                 FY 2014 Funding Levels *

Alabama                          83,020             Nevada                           85,679
Alaska                           76,145             New Hampshire                    92,632
Arizona                         277,396             New Jersey                      624,092
Arkansas                         87,591             New Mexico                       87,591
California                    1,094,787             New York                      1,417,021
Colorado                        241,500             North Carolina                  411,000
Connecticut                     270,215             North Dakota                     96,625
Delaware                        104,573             Northern Mariana Islands         71,565
Florida                         606,551             Ohio                            213,176
Georgia                         564,490             Oklahoma                         83,012
Guam                             71,564             Oregon                           91,975
Hawaii                           71,564             Pennsylvania                    581,030
Idaho                           221,094             Puerto Rico                      71,564
Illinois                        438,816             Rhode Island                     76,145
Indiana                          76,143             South Carolina                   95,155
Iowa                             85,309             South Dakota                     85,309
Kansas                          126,182             Tennessee                       174,769
Kentucky                        340,345             Texas                           973,058
Louisiana                       170,409             Utah                            104,638
Maine                           302,952             Vermont                         107,620
Maryland                        526,713             Virgin Islands                   71,564
Massachusetts                   797,299             Virginia                        750,483
Michigan                        307,306             Washington                       75,000
Minnesota                       106,673             Washington DC                    10,000
Mississippi                      99,043             West Virginia                    78,433
Missouri                        130,986             Wisconsin                       134,349
Montana                          80,722             Wyoming                          78,437
Nebraska                        110,877

*Last year’s funding levels are given as guidance. States may request a higher or lower amount
based on forecasted needs.