TEGL20-09acc.pdf

ETA Advisory File Text

RESCISSIONS None EXPIRATION DATE Continuing CLASSIFICATION Foreign Labor Certification CORRESPONDENCE SYMBOL OFLC EMPLOYMENT AND TRAINING ADMINISTRATION ADVISORY SYSTEM U.S. DEPARTMENT OF LABOR Washington D.C. 20210 DATE April 6 2010 ADVISORY TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 20-09 TO STATE WORKFORCE AGENCIES FROM JANE OATES s Assistant Secretary SUBJECT Fiscal Year FY 2010 Foreign Labor Certification Planning Guidance 1. Purpose . To provide guidance for the funding and management of FY 2010 annual grant allocations for Foreign Labor Certification FLC programs. 2. References . Immigration and Nationality Act INA as amended 8 U.S.C. 1101 a 1182 a 1 a 7 B iii l n and t 1184 c 214 a 1 c i 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 Titl e VII Northern Mariana Islands Subtitle A-Immigration Security and Labor. Wagner-Peyser Act 29 U.S.C. 49f d Consolidated Appropriations Act 2010 Division D Pub. L. 111-117 U.S. Citizenship and Immigration Services Regulations at 8 CFR Parts 214 and 274A 20 CFR Parts 655 656 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 Administration ETA Handbook No. 385 Wage Finding Process August 1981 Guide for Employment Service Reimbursable Grant Activities Domestic Agricultural In-Season Wage Finding Process Training and Employment Guidance Letter No. 04-06 Subject Plans to Phase out Penalty Mail Costs for Employment Security Programs and Availability of Supplemental Budget Funds for Conversion to Commercial Mail Methods 2 3. Background . The purpose of this Training and Employment Guidance Letter TEGL is to define the roles State Workforce Agencies SWAs play in programs administered by the Office of Foreign Labor Certification OFLC provide SWAs with planning figures for funding that will be allocated to support FLC activities and set forth the necessary actions to request the funds and to comply with the grant. SWAs must submit the required information and documents set forth in the attachments to this TEGL which shall constitute the FY 2010 Annual Plan and must agree to be bound by the terms set forth by OFLC in its FY 2010 Foreign Labor Certification Grant Guidance. The Department s FLC programs have experienced and will continue to experience a number of changes over the course of FY2010. As of November 28 2009 the Commonwealth of the Northern Mariana Islands CNMI became subject to U.S. immigration laws. Consequently the allocations pertaining to this grant include CNMI. As of January 1 2010 prevailing wage determinations became centralized in the National Prevailing Wage and Helpdesk Center NPWHC and are no longer performed by the SWAs under the PERM H-1B H-1B1 and E-3 programs.1 Lastly the Department recently amended its H-2A regulations through a Final Rule issued on February 12 2010 with an effective date of March 15 2010. The Final Rule makes some changes to SWA responsibilities under the H-2A program. Therefore in processing job orders and job referrals under the H-2A program SWAs must follow the regulation in effect at the time the application for H-2A labor certification was submitted. 4. Action Requested . SWAs are required to complete the actions listed below. Respond to these guidelines within thirty 30 days of receipt to ensure allocation of remaining grant funds. Identify how program funds would best be used and by splitting the grant allocation between agricultural and nonagricultural activities. Inform the OFLC National Office via written communication of the proposed program split that will be used to allocate funds between agricultural and nonagricultural activities. 5. Mailing Address . Mail Federal Express or other means preferred completed work plans to Mr. Brian Pasternak Deputy Administrator Office of Foreign Labor Certification Employment and Training Administration U.S. Department of Labor Room C-4312 200 Constitution Avenue NW Washington D.C. 20210. 6. Inquiries . Please direct program questions to Mr. Pasternak and funding questions to Ms. Leticia Sierra. Both may be reached at the Office of Foreign Labor Certification 202 693-3010. 1 As of October 1 2009 H-2B prevailing wage determinations became centralized in the Chicago National Processing Center and were no longer performed by the SWAs. Since January 1 2010 H-2B prevailing wage determinations have been performed by the NPWHC. 3 7. Attachments . 1. Program Planning Guidance and Information Package 2. FLC Annual Plan Workload Supplement 3. Annual Plan Procedures