Foreign Labor Certification Quarterly Activity Report

OMB Approval No.: 1205-0457
Expiration Date: XX/XX/XXXX

Foreign Labor Certification Quarterly Activity Report
Instructions for Completing the Form ETA 9127
U.S. Department of Labor

IMPORTANT: Form ETA 9127 is to be completed by State Workforce Agency (SWA) grantees, their employees or
designated staff, for documentation of foreign labor certification activities for the Department of Labor’s Office of Foreign
Labor Certification (OFLC). Please read these instructions carefully before completing the Form ETA 9127 – Foreign Labor
Certification Quarterly Activity Report. These instructions explain the questions on the Form ETA 9127.
Definitions
Approved Alternative Method: Where the SWA is complying with the requirement to conduct pre-occupancy housing
inspection through arrangements such as contracts, memoranda of understanding, or other cooperative agreements with
third parties such as State or local organizations. The SWA must request prior approval from OFLC for the use of such
alternative methods.
Interstate: An agricultural job order for temporary employment, where one SWA requests recruitment assistance from
other SWAs in a different State.
Intrastate: An agricultural job order for temporary employment, where one SWA requests recruitment assistance from
other local state officials within the same State.
Staff Assisted Referral: SWA staff discussed terms and conditions of job order with applicant and provided referral
instructions and employer contact information
Special Procedures: Please refer to the OFLC Policies and Regulations at https://www.foreignlaborcert.doleta.gov/reg.cfm
for the most current listing of special procedures.
When completing the special procedures items on this form, the responses must reflect activities performed under the
OFLC-established special procedures only.
Instructions
This form is to be completed on a quarterly basis by SWAs responsible for performing foreign labor certification activities and
preferably submitted to OFLC by email or fax. Responses must be provided to the OFLC National Office within two weeks of
the end of each fiscal year quarter. Responses must be provided by one of the means identified below:
•

E-mail: [email protected]. Electronic submission is strongly recommended.

•

Facsimile: 202-693-2768; Attn.: FLC Grants

•

U.S. Mail: U.S. Department of Labor, Office of Foreign Labor Certification, 200 Constitution Avenue, NW,
Box PPII 12-200, Washington, DC 20210; Attn.: FLC Grants

H-2B Regular and Special Procedures Workload
Please enter the correct information for job orders submitted under both regular and special procedures, if applicable.
Item 1. Enter the number of job orders that were shown as active on the previous quarterly report; “active” refers to job
orders currently open and available for referral activity at the time of submitting this ETA form 9127.
Item 2. Enter the number of new job orders received from employers.
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OMB Approval No.: 1205-0457
Expiration Date: XX/XX/XXXX

Foreign Labor Certification Quarterly Activity Report
Instructions for Completing the Form ETA 9127
U.S. Department of Labor

Item 3. Enter the number of job orders processed by the SWA; “processed” refers to the acceptance and placement of the
job order into your State’s Job Bank or the acceptance of an employer’s self-generated job order into the Job Bank.
Item 4. Enter the number of SWA-generated intrastate referrals (e.g. referrals within your state).
Item 5. Enter the number of SWA-generated interstate referrals (e.g. referrals to other states).
Item 6. Enter the number of interstate job orders transmitted to other SWAs.
Item 7. Enter the number of interstate job orders received from other SWAs.
Item 8. Enter the number of active job orders remaining at the end of the quarter; “active” refers to job orders currently open
at the time of submitting the ETA 9127 that are available for referral activity.
Item 9. Enter comments or concerns noted during the quarter. If you require additional space to complete this item,
please include an attachment to the form referencing this item number. Your response to this item should indicate that
additional information is included in an attachment.
H-2A Regular and Special Procedures Workload
Please enter the correct information for job orders submitted under both regular and special procedures, if applicable.
Item 1. Enter the number of job orders that were shown as active on the previous report; “active” refers to job orders
currently open and available for referral activity at the time of submitting this ETA form 9127.
Item 2. Enter the number of new job orders received from employers.
Item 3. Enter the number of job orders processed by the SWA; “processed” refers to the acceptance and placement of the
job order into your State’s Job Bank.
Item 4. Enter the number of SWA-generated intrastate referrals (e.g. within your state).
Item 5. Enter the number of SWA-generated interstate referrals (e.g. to other states).
Item 6. Enter the number of interstate job orders transmitted to other SWAs.
Item 7. Enter the number of interstate job orders received from other SWAs.
Item 8. Enter the number of active job orders remaining at the end of the quarter; “active” refers to job orders currently open
and available for referral activity.
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OMB Approval No.: 1205-0457
Expiration Date: XX/XX/XXXX

Foreign Labor Certification Quarterly Activity Report
Instructions for Completing the ETA Form 9127
U.S. Department of Labor

Item 9. Enter the number of H-2A prevailing wage surveys conducted.
Item 10. Enter the number of employment practice (prevailing, normal and common) surveys conducted.
Item 11. Enter the number of housing inspections conducted by SWA staff. A housing inspection which includes multiple
buildings at one location should be counted as one housing inspection.
Item 12. Enter the number of housing inspections conducted by an approved alternative method.
which includes multiple buildings at one location should be counted as one housing inspection.
Item 13. Enter the total number of sleeping units inspected.
sleeping unit.

A housing inspection

Each separate and distinct room should be counted as one

Item 14. Enter the total capacity of sleeping units inspected.
Item 15. Enter the total number of housing self-certifications received from employers. SWAs must develop and implement
a schedule which ensures that each employer’s self-certified housing is inspected no less frequently than at least once every
3 years.
Item 16. Enter comments or concerns noted during the quarter. If you require additional space to complete this item,
please include an attachment to the form referencing this item number. Your response to this item should indicate that
additional information is included in an attachment.

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