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

ADVISORY: TRAINING AND EMPLOYMENT GUIDANCE LETTER NO.

TO: STATE WORKFORCE AGENCY ADMINISTRATORS

FROM: PORTIA WU

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, Wage Finding Process, August, 1981;

• Guide for Employment Service Reimbursable Grant Activities;

• ETA H-2A Program Handbook No. 398, January 1988; and

• 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.

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

4. 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 TBD FY 2015 final funding levels)

Attachment 1

Program Planning Guidance and Information Package

1. 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 for a performance period of 12 months that began on October 1, 2014, and continues through September 30, 2015.

2. Grant Procedures

1. Grant Application. The SWA grant application must be developed in accordance with the instructions contained in this Training and Employment Guidance Letter. 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 TEGL as 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)

2. 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.

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. 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.

4. 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.

5. 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.

3. 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. 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:

1. 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. 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.

Fiscal Year 2015	Reporting Months	Report Due Date*
1st Quarter	October – December	February 14
2nd Quarter	January – March	May 15
3rd Quarter	April – June	August 14
4th Quarter	July – September	November 14

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).

2. 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 Months	Report Due Date*
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 15^th 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.

3. 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.

4. 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 approval under OMB Control Number 1225-0086 is pending

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.

1. Foreign Labor Certification Workload

Category of OFLC Program Services/Activities	FY 2015 Workload Completed	FY 2015 Workload To be Processed	TOTAL FY 2015 Workload(1) add previous columns
Number of job orders related to H-2A temporary labor certification applications processed and expected to be processed.
Number of prevailing wage surveys conducted and expected to be conducted in agricultural activities.
Number of prevailing practice surveys conducted and expected to be conducted in agricultural activities.
Number of housing inspections conducted and expected to be conducted in anticipation of H-2A job orders.
Number of job orders related to H-2B temporary labor certification applications processed and expected to be processed.
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.

2. 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]

2. 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.

1. 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]

2. 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

3. 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]

2. 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)

Activity	Total Number	Total Cost	Average 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

2. 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.

6. 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 mandatory to obtain the benefits. Public reporting burden for this collection of information is estimated to average 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 Office of Foreign Labor Certification * U.S. Department of Labor * Room C4312 * 200 Constitution Ave., NW, * Washington, DC * 20210.

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

FY 2014 Funding Levels (Provided as Estimates due to FY 2015 Continuing Resolution)*

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. Adjustments to FY 2015 awards will be based on appropriated funds when full FY 2015 Congressional Budget approval is determined.

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