TEGL_12-21.pdf

ETA Advisory File Text

EMPLOYMENT AND TRAINING ADMINISTRATION ADVISORY SYSTEM U.S. DEPARTMENT OF LABOR Washington D.C. 20210 CLASSIFICATION Foreign Labor Certification CORRESPONDENCE SYMBOL OFLC DATE June 10 2022 RESCISSIONS None EXPIRATION DATE Continuing ADVISORY TO T RAINING AND EMPL OYME NT GUIDANCE LE TTER NO. 12 -21 STATE WORKFORCE AGENCY ADMINI STRATORS FROM BRENT PARTON Acting Assistant Secretary SUBJECT Foreign Labor Certification Grant Planning Guidance for Fiscal Years FYs 2022 through FY 2024 1. Purpose. To provide guidance to State Workforce Agencies SWAs regarding FY 2022 FY 2024 annual grants for foreign labor certification activities. 2. Action Requested. ETA requests that SWA Administrators receiving this guidance share the information within their respective organizations to ensure that fiscal and programmatic staff are fully aware of the required FY 2022 FY 2024 foreign labor certification grant application processes and timelines contained in this Training and Employment Guidance Letter TEGL . Grant Approval. SWAs will continue to submit their grant applications to the Employment and Training Administration ETA Department of Labor DOL or Department annually 30 calendar days from the date of issuance of this programmatic TEGL or 30 calendar days from the date of any subsequent guidance. ETA does not intend to issue a new programmatic TEGL through FY 2024 however it will issue guidance to announce additional funding allotments as necessary. SWAs must continue to submit their annual grant applications to ETA unless they are in receipt of an approved written extension from the ETA Office of Foreign Labor Certification OFLC . These applications should be submitted no later than 30 calendar days after the issuance of this programmatic TEGL or subsequent guidance. OFLC will review the grant application package and generally within 30 calendar days of receipt inform the SWA in writing of any concerns or deficiencies that may prevent the grant application package from being approved. 3. Summary and Background. a. Summary This TEGL provides programmatic guidance and financial information to SWA Administrators to support state foreign labor certification activities for FY 2022 FY 2024. A change to this TEGL will be issued each year to provide financial information pursuant to the funding levels authorized in the appropriations act for the fiscal year and changes may also be issued as appropriate to implement changes in the law or legal obligations applicable to the activities covered under this grant. b. Background ETA s OFLC must determine on a case-by-case basis whether there are able willing and qualified U.S. workers available for a job and whether there will be adverse impact on the wages and working conditions of similarly employed U.S. workers should a labor certification be granted. The Immigration and Nationality Act INA assigns certain responsibilities to the Secretary of Labor Secretary for employment- based immigration programs. The Secretary has delegated the non-enforcement responsibilities of these labor certification programs to the OFLC. Accordingly statutory and regulatory provisions of the labor certification programs administered by OFLC require many employers seeking to hire either permanent or temporary foreign labor to apply to the Secretary for a labor certification. Congress appropriates funding for state foreign labor certification activities through the State Unemployment Insurance and Employment Service Operations SUIESO account. The Consolidated Appropriations Act 2022 P.L. 117-103 authorizes 21 282 000 for foreign labor certification state grants a 1 000 000 increase from the previous year s appropriation. In order to maintain an adequate level of base funding for SWAs while ensuring the resources appropriated by Congress are distributed based on recent foreign labor workloads the Department is allocating the appropriated funds in two components a base allocation and a supplemental allocation as further described in Attachment VII. 4. Content. Please see Attachment II for guidance. 5. Inquiries. SWA staff should direct all questions to the OFLC National Office at FLC.Grant dol.gov. 6. References. Immigration and Nationality Act INA as amended 8 U.S.C. 1101 a 1182 a 5 A 1184 c and 1188 Approval of Covenant to Establish a Commonwealth of the Northern Mariana Islands 48 U.S.C. 1801 1806 Wagner-Peyser Act 29 U.S.C. 49f d U.S. Citizenship and Immigration Services regulations at 8 Code of Federal Regulations CFR Part 214 20 CFR Parts 653 subpart F 654 subpart E 655 subparts A B and E 656 and 658 2 CFR Part 200 Uniform Administrative Requirements Cost Principles and Audit Requirements for Federal Awards 2 2 CFR Part 2900 Uniform Administrative Requirements Cost Principles and Audit Requirements for Federal Awards Department of Labor Guide for Employment Service Reimbursable Grant Activities ETA H-2A Program Handbook No. 398 January 1988 Training and Employment Guidance Letter TEGL No. 04-06 Plans to Phase out Penalty Mail Costs for Employment Security Programs and Availability of Supplemental Budget Funds for Conversion to Commercial Mail Methods and Consolidated Appropriations Act 2022 P.L. 117-103 . 7. Attachment s . Attachment I.Table of Contents Attachment II. Program Planning Guidance and Information Package Attachment III. Fiscal Year FY 2022-2024 Annual Plans Attachment IV. Annual Plan Certification Attachment V. Procedures for Prior Approval of Equipment Purchase Requests Attachment VI. Instructions for Completing Budget Narrative Attachment VII. FY 2022 Funding Guidance and Funding Levels Attachment VIII. Amendment A Commonwealth of the Northern Mariana Islands CNMI CW-1 Fiscal Year FY 2022 Grant Planning Guidance 3 Attachment I Table of Contents Attachment II - Program Planning Guidance and Information Package A. Introduction p. II-1 B. Grant Procedures Requirements and Timeline p. II-1 1. Grant Application p. II-1 2. Grant Submission p. II-2 3. Grant Approval p. II-3 4. Use of FY 2022 Funds p. II-3 5. Grant Signatures p. II-3 6. Grant Modifications p. II-3 C. Grant Reporting Procedures p. II-4 1. Financial Status Report p. II-4 2. Program Activity Report p. II-5 3. Agricultural Prevailing Wage Survey Reports p. II-6 4. Agricultural Employment Practice Survey Reports p. II-7 5. Referrals to Department of Justice Immigrant and Employee Rights IER p. II-7 Attachment III - Fiscal Year FY 2022 Annual Plan A. Foreign Labor Certification Workload p. III-1 B. H-2B Temporary Nonagricultural Program Activities p. III-2 1. Stakeholder Education and Outreach p. III-2 2. Placement of H-2B Job Orders p. III-3 3. Processing of H-2B Job Orders p. III-4 a. Compliance Review of Job Orders p. III-4 b. Processing of Approved Job Orders p. III-5 c. Referral of Qualified and Available U.S. Workers p. III-5 4. Post-Determination Services p. III-6 C. H-2A Temporary Agricultural Program Activities p. III-7 1. Stakeholder Education and Outreach p. III-7 2. Placement of Agricultural Clearance Orders attached to applications for H-2A workers p. III-8 3. Processing of Agricultural Clearance Orders attached to applications for H-2A workers p. III-8 a. Compliance Review of Clearance Orders p. III-9 b. Processing of Approved Clearance Orders p. III-9 c. Referral of Qualified and Available U.S. Workers p. III-11 d. Providing Written Notice of Certain H-2A-related Job Opportunities p. III-11 4. Conducting Prevailing Wage Surveys p. III-12 5. Conducting Prevailing Practice and Normal Accepted Requirements Surveys p. III-13 6. Scheduling and Conducting Housing Inspections p. III-15 7. Post-Determination Services p. III-17 D. Permanent Labor Certification Program p. III-18 E. Grantee Contact Information p. III-17 to III-18 I-1 Attachment IV - Annual Plan Certification Attachment V - Procedures for Prior Approval of Equipment Purchase Requests Attachment VI - Instructions for Completing Budget Narrative Attachment VII - FY 2022 Funding Guidance and Funding Levels Attachment VIII Amendment A Commonwealth of the Northern Mariana Islands CNMI CW-1 Fiscal Year FY 2022 OFLC Grant Planning Guidance I-2 Attachment II Program Planning Guidance and Information Package A. Introduction The mission of the Employment and Training Administration s ETA Office of Foreign Labor Certification OFLC is to determine on a case-by-case basis whether there are able willing and qualified U.S. workers available for a job and whether there will be adverse impact on the wages and working conditions of similarly employed U.S. workers should a labor certification be granted. The Immigration and Nationality Act INA assigns certain responsibilities to the Secretary of Labor Secretary for employment-based immigration programs. The Secretary has delegated the non- enforcement responsibilities of these labor certification programs to OFLC. Accordingly statutory and regulatory provisions of the labor certification programs administered by OFLC require many employers seeking to hire either permanent or temporary foreign labor to apply to the Secretary for a labor certification. Congress appropriates funding for state foreign labor certification activities through the State Unemployment Insurance and Employment Service Operations SUIESO account. These state grants fund services are provided by State Workforce Agencies SWA in support of the foreign labor certification program including the placement and review of employer job orders inspection of housing for agricultural workers and the administration of prevailing wage and practice surveys. OFLC distributes this grant funding annually in accordance with approved state plans. This Training and Employment Guidance Letter TEGL provides programmatic guidance and financial information to SWAs to support state foreign labor certification activities for Fiscal Year FY 2022 through FY 2024. SWAs are required to submit their annual plans 30 calendar days from the issuance of this TEGL or subsequent guidance. The annual plan must reflect foreign labor program activities to be performed between October 1 and September 30 of the applicable fiscal year. The programmatic guidance and financial information in this TEGL also apply to SWAs annual plans for FYs 2023 and 2024. Those plans will be due after issuance of guidance announcing the funding allocations for those subsequent fiscal years. While the Department strongly encourages states to spend the entirety of their allocated funds within the fiscal year the Department understands that unforeseen circumstances may affect fund expenditure and will allow states up to two years to expend all funds allocated for a fiscal year. B. Grant Procedures Requirements and Timeline In an effort to achieve greater efficiency and as part of ETA s on-going efforts to streamline the grant award process grantees are required to submit the application through www.grants.gov. 1. Grant Application. The SWA grant application must be developed in accordance with the instructions contained in this TEGL. The grant application package must be submitted via the www.grants.gov portal and must consist of the following documents Fiscal Year Annual Plan Expiration Date 07 31 2022 Office of Management and Budget OMB Control No. 1225-0086. SF-424 Application for Federal Assistance Expiration date 1 31 2023 OMB Control No. 4040-0004. II-1 SF-424A Budget Information Non-Construction Programs Expiration Date 02 28 202 5 OMB Control No. 4040-0006. Justification and supporting documentation for any proposed equipment purchases of 5 000 or more. Prior approval of any equipment purchases exceeding 5 000 and the contracting out of any work must be obtained per 2 CFR 200.439 2 CFR 200.308 c and 2 CFR 200.300 c 6 . Please see the Uniform Administrative Requirements Cost Principles and Audit Requirements for Federal Awards at 2 CFR part 200 and the Department of Labor exceptions to these requirements at 2 CFR part 2900 for additional information about prior approval requirements. Indirect Cost Rate Agreement if applicable SWAs requesting indirect costs must submit a current copy of the Negotiated Indirect Cost Rate Agreement NICRA or Cost Allocation Plan CAP supplied by the Federal Cognizant Agency on file as part of this application. Note For any grantee that chooses to include estimated indirect costs in its budget and that either does not have a NICRA CAP or has a pending NICRA CAP the Grant Officer will release funds in the amount of ten percent of salaries and wages to support indirect costs at the time of the award. Within 90 days of award the grantee must submit an approved NICRA or CAP to the Grant Officer for modification of the award to allow indirect costs as indicated in the NICRA or CAP. Important Reminders An electronically submitted SF-424 Application for Federal Assistance through www.grants.gov constitutes the official signed document and must reflect the total amount requested in item 18 Estimated Funding. Item 11 must include the Catalog of Federal Domestic Assistance Number CFDA 17.273. The application budget must be based on the projected state territory needs for the fiscal year. Full-year funding levels will not be confirmed until the annual plans have been reviewed and full funding for the year is authorized by appropriations legislation. Please use Attachment VII of this TEGL or subsequent guidance for each fiscal year s actual funding level. 2. Grant Submission. A completed grant application package must be submitted by the SWA to ETA using the www.grants.gov portal no later than 30 calendar days from the date of this TEG L s issuance or subsequent guidance. The SF-424 must be electronically signed and the completed package must be submitted through www.grants.gov for the Funding Opportunity Number described in the guidance in the format ETA-TEGL-12-21 . SWAs may find it helpful to review their prior grant application package submissions and revisions to prepare their annual grant application packages. Starting on April 4 2022 the DUNS Number will be replaced by a new non-proprietary identifier requested in and assigned by SAM.gov. This new identifier is being called the Unique Entity Identifier UEI or the Entity ID. Each applicant must have a UEI number available and it must be registered with the System for Award Management SAM at https www.sam.gov before submitting an application. II -2 To submit t he required documents applicants must follow the Apply for Grants link on www.grants.gov and search for the TEGL number or CFDA number to access the grant application workspace. For this grant opportunity applicants should not follow the Find Grants link as this is not a competitive funding opportunity. If applicants encounter a problem with www.grants.gov and do not find an answer in any of the other resources please call 1-800- 518-4726 or 606-545-5035 to speak to a Customer Support Representative or email support grants.gov. 3.Grant Approval. Within 30 calendar days of receipt OFLC will review the grant application package and inform the SWA in writing of any concerns or deficiencies that may prevent the grant application package from being approved. After verifying that a SWA s grant application package meets the established criteria in the attachments to this TEGL the OFLC Administrator will recommend approval to the ETA Grants Officer. After reviewing the SWA grant application package recommended for approval by the OFLC Administrator the ETA Grant Officer will issue the grant award including the approved grant application package and a Notice of Acceptance NOA to the SWA. 4.Use of Fiscal Year funds. The funding received from the OFLC in response to a SWA s annual grant application package is a cost reimbursable grant provided to the SWAs. These grants are administered under the SWA s corresponding FY Wagner-Peyser Annual Funding Agreement for the period of October 1 through September 30 of the applicable FY. Funds must be used for OFLC activities during this period only. The Department strongly encourages states to spend the entirety of their allocated funds within the fiscal year for which the annual plan applies but the Department will allow states an additional year to expend funds to account for unforeseen circumstances. A budget modification may be required if funds are not obligated or expended accordingly. SWAs should notify the OFLC Federal Project Officer for assistance. 5.Grant Signatures. The SWA s authorized representative must electronically sign all signature pages of the grant application. If that individual has changed from the prior year the SWA must provide an official letter on state letterhead with the grant application package identifying the new authorized representative. 6.Grant Modifications. The grantee and the ETA Grant Officer at the recommendation of the OFLC Administrator may jointly modify the SWA Annual Plan including negotiated changes in program activities e.g. review of job orders wage or prevailing practice surveys etc. and funding levels during the grant period of performance. Any grant plan modification request must include a transmittal letter written narrative of the proposed modification s revised annual budget and quarterly spending plan. In the event that the Secretary is required by future legislation regulatory action or court order to carry out responsibilities related to the administration of foreign labor certification programs not currently anticipated the OFLC Administrator will notify the SWAs and request that they submit appropriate modifications to their approved grant plans directly to the ETA Grant Officer in order to fully carry out their responsibilities based on their existing foreign labor certification grant allocations. II-3 C. Grant Reporting Procedures As a condition of receiving these grant funds SWAs agree to carry out responsibilities supporting the administration of foreign labor certification programs in accordance with all applicable regulations and guidance including but not limited to 20 CFR parts 655 and 656 and 2 CFR Parts 200 and 2900. Financial and programmatic reporting by SWAs enables OFLC to report key information to Congress and OFLC stakeholders regarding the use of grant funds. Accurate reporting of required financial and program management data provides vital information to support future OFLC funding levels and ensure the appropriate management of grant funds. OFLC is responsible for monitoring these cost-reimbursable grants. Monitoring activities may include review and recommendation for approval of the grant application package analysis of expenditure and performance data submitted by grantees execution of programmatic plan modifications assessing a grantee s timely and accurate submission of all required reports and on- site reviews where needed. ETA will advise SWAs on how to administer the grant in accordance with the approved plan and the terms and conditions of their Wagner-Peyser Annual Grant Funding Agreement. Please note that the Commonwealth of the Northern Mariana Islands CNMI is not covered by the Wagner-Peyser Act and therefore not required to conduct Wagner-Peyser funded program activities. SWAs will report financial and program management information using the following required reports 1. Financial Status Report. ETA requires all grant recipients to submit the Form ETA-9130 U.S. DOL Financial Report OMB Control No. 1205-0461 on a quarterly basis providing detailed expenditure information on the grant award activities. The Form ETA-9130 report is due no later than 45 calendar days after the end of each quarter in the FY and must be submitted online through ETA s Grantee Reporting System at https www.etare ports.doleta.gov CFDOCS grantee prod reporting index.cfm. SWAs c an obtain a copy of the Form ETA-9130 at the following Web site https www.dol.gov sites dolgov files ETA grants pdfs ETA-9130-Basic.pdf. Fiscal Year 2022 Reporting Months Report Due Date 1st Quarter October December February 1 5 2nd Quarter January March May 15 3rd Quarter April June August 1 5 4th Quarter July September November 1 5 The reporting system is available 24-hours-a-day including weekends however technical support is not available on weekends. II-4 If the SWA experiences any technical issues submitting the report please contact the e-Grants Helpdesk via e-mail at e-grants.help dol.gov or by phone at 202-693-2682. Important Reminders on Allowable Costs a.Costs incurred under the grant may only be attributed to activities supporting the direct administration of foreign labor certification programs as identified under Attachment III of this TEGL b. Costs may include staff resources travel expenditures other direct administrative costs andindirect overhead support where an approved indirect cost plan is in place . c. SWAs must not spend more than 20 of the OFLC grant funds conducting the prevailing wage and prevailing practice surveys described in 20 CFR Part 653. Wagner-Peyser Employment Service grant funds and Workforce Information Grants to States may also be used for conducting prevailing wage and prevailing practice surveys if the requirements of those grants have been fully met. 2. Program Activity Report. To account for work performed under the grant SWAs must submit the Form ETA-9127 Foreign Labor Certification Quarterly Activity Report OMB Control No. 1205- 0457 on a quarterly basis providing detailed information on H-2A and H-2B program activities. The data required by the Form ETA-9127 is available to the SWAs as part of their routine processing of requests from employers SWAs currently maintain this data . The Form ETA- 9127 report is due within two weeks after the end of each quarter during the fiscal year and may be submitted by e-mail directly to OFLC at FLC.Grant dol.gov. SWAs may find it helpful to review their prior Form ETA-9127 submissions during completion of the grant application package. OFLC will promptly review the report for completeness and notify the SWA of any inaccuracies or deficiencies requiring correction. SWAs can obtain a copy of the Form ETA-9127 and instructions at the following websites Fillable Form https www.dol.gov sites dolgov files ETA oflc pdfs ETA 9127 7369.pdf Form Instructions https www.dol.gov sites dolgov files ETA oflc pdfs ETA 9127 Instructions 7369.pdf II-5 Fiscal Year s 20 22 -2024 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 technical issues submitting the report please contact the OFLC Grants and Finance Team at FLC.Grant dol.gov. 3. Agricultural Prevailing Wage Survey Reports. Under the Department s regulations at 20 CFR 655.120 an employer participating in the program is required to offer and pay the highest of several wages as applicable namely the Adverse Effect Wage Rate AEWR the prevailing hourly wage or piece rate the agreed upon collective bargaining wage or the Federal or state minimum wage except where a special procedure is approved for an occupation or specific class of agricultural employment. SWAs can collect and provide information to OFLC with respect to whether a prevailing hourly wage or piece rate exists for the crops or other agricultural activity. These employer wage results are collected through survey instruments designed by the SWA and documented using the following form Form ETA-232A Wage Survey Interview Record OMB Control No. 1205-0017 Expiration 03 31 2023 https www.dol.gov sites dolgov files ETA oflc pdfs ETA-232A.pdf. Once SWAs tabulate wage results SWAs transmit them to OFLC as soon as the wage results are completed based on the SWAs wage survey plans using the following standard form Form ETA-232 Domes tic Agricultural In-Season Wage Report OMB Control No. 1205-0017 Expiration 03 31 2023 https www.dol.gov sites dolgov files ETA oflc pdfs ETA-232.pdf. Form ETA-232 may be submitted electronically recommended at the dedicated e-mail ad dress agwage.surveys dol.gov. The forms may also be mailed to the following address U.S. Department of Labor Employme nt and Training Administration Office of Foreign Labor Certification 200 Constitution Avenue NW Room N-5311 Washington D.C. 20210 Attn H-2A Prevailing Wage Surveys I- I6 If the SWA experiences technical issues submitting survey results please e-mail agwage.surveys dol.gov. SWAs should monitor the Agricultural Online Wage Library on the OFLC website at https www.foreignlaborcert.doleta.gov aowl.cfm for the posting of prevailing wages for their state. 4. Agricultural Employment Practice Survey Reports. The Department s regulations at 20 CFR 655.122 b require that each job qualification and requirement listed in the employer s job offer must be bona fide and consistent with the normal and accepted qualifications required by employers that do not use H-2A workers in the same or comparable occupation and crops. In addition Departmental regulations at 20 CFR 655.122 allow for certain terms of employment provided that those terms constitute a prevailing practice. In making a determination as to whether a job offer contains normal and accepted qualifications and requirements or whether a term of employment would be considered a prevailing practice OFLC may rely on any information or data collected through state-conducted surveys. The SWA is responsible for designing the survey instruments to collect the data and once tabulated transmitting the survey results in summary form to OFLC s Chicago National Processing Center CNPC as soon as the employment practice results are completed. The prevailing practice or normal and accepted requirements survey results may be submitted electronically directly to the CNPC at H2ASWA.Chicago dol.gov recommended or mailed to the following address U.S. Department of Labor Employme nt 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 technical issues conducting or submitting the employment practice results please contact the CNPC by e-mail at H2ASWA.Chicago dol.gov or call 312-886-8000. SWAs should monitor the Employment Practice Library on the OFLC website at https www.foreignlaborcert.doleta.gov aowl survey pdf.cfm for the posting of employment practices for their state. 5. Referrals to Department of Justice DOJ Immigrant and Employee Rights IER section. SWAs may receive complaints or identify apparent violations regarding matters that fall within the jurisdiction of DOJ s IER. If that occurs the SWA must document the complaints or apparent violations using ETA Form 8429 Complaint Apparent Violation Form. SWAs must process the complaints or apparent violations as described in the Employment Service and Employment- Related Law Complaint System regulations at 20 CFR 658.400 through 419 including documenting the complaint or apparent violation on the complaint system log. SWAs are encouraged to contact IER s hotline and ask to speak to a referral duty attorney at 1-800-255- 7688 or 1-800-237-2515 TTY for hearing impaired . II-7 OMB Approval 1225-0086 Expiration Date 07 31 2022 Attachment III FISCAL YEAR FY 2022 ANNUAL PLAN Please complete all yellow highlighted fields Insert Official Name of SWA not that of an individual Insert Official Name of SWA not that of an individual Hereafter referred to as the state agency FILL IN has prepared the following plan and statement of assurances for delivering services during the FY October 1 through September 30 to support the administration of foreign labor certification programs in accordance with all applicable statutes regulations policies procedures handbooks manuals and other directives. A. Foreign Labor Certification Workload Category of OFLC Program Previous FY 20 21 Current FY 20 22 Current FY 20 22 Total Estimated for Current Services Activities FY 20 22 1 Workload Workload Workload Workload Actual per ETA Completed Projected Add previous 2 9127 Report columns A.Number of agricultural prevailing Click or Click or Click or Click or wage surveys conducted and tap here to tap here tap here tap here to enter text. to enter to enter enter text. projected to be conducted under text. text. section C.4. B. Number of agricultural prevailing Click or Click or Click or Click or practice surveys conducted and tap here to tap here tap here tap here to enter text. to enter to enter enter text. projected to be conducted under text. text. section C.5 . C. Number of CW -1 job offers Click or Click or Click or Click or maintained on website only tap here to tap here tap here tap here to enter text. to enter to enter enter text. applicable for CNMI . text. text. D.Number of H-2A and H -2B related Click or Click or Click or Click or stakeholder outreach events under tap here to tap here tap here tap here to enter text. to enter to enter enter text. sections B.1 and C.1. text text. E. N umber of stakeholders reached by Click or Click or Click or Click or H-2A and H-2B related outreach tap here to tap here tap here tap here to enter text . to enter to enter enter text events conducted under sections B.1 text text and C.1 . F. Number of Ful l Time Equivalent Click or Click or Click or Click or FTE staff funded by this grant. tap here to tap here tap here tap here to enter text to enter to enter enter text. text text 1 Workload includes completed OFLC program services activities provided and services activities planned for the period between October 1 st and September 30 th of each fiscal year. For completion of this chart SWAs should refer to data from SWA job order systems and Form ETA 9127 submissions. 2 Data provided for reporting items should exclude range housing units inspected under 20 CFR 655.230 H-2A Herder Rule for the Temporary Employment of H-2A Foreign Workers in the Herding or Production of Livestock on the Range in the United States. 3 Workload includes the tracking of CNMI labor exchange website recruitment reports uploaded by employers in accordance with the governing provision of the CNMI Interim Final Rule codified at 20 CFR 655.442. III-1 B. H-2B Temporary Nonagricultural Program Activities Section 214 c 1 of the Immigration and Nationality Act 8 U.S.C. 1184 c 1 requires the Secretary of Homeland Security to make H-2B visa determinations in specific cases after consultation with appropriate agencies of the Government upon petition of the importing employer. Under Department of Homeland Security DHS regulations at 8 CFR 214.2 h 6 iii C an H-2B petition for temporary employment must be accompanied by an approved temporary labor certification from DOL which serves as DOL s advice to DHS regarding whether a qualified U.S. worker is available to fill the petitioning H-2B employer s job opportunity and whether a foreign worker s employment in the job opportunity will adversely affect the wages or working conditions of similarly employed U.S. workers. In accordance with regulations at 20 CFR part 655 Subpart A the SWA agrees to carry out all state activities to support DOL s review and processing of job orders and applications seeking temporary labor certification under the H-2B program. Specifically the SWA agrees to carry out the following state activities 1. Stakeholder Education and Outreach As part of a comprehensive education and outreach plan the SWA should make available in a conspicuous location on the state agency website the following resources such as Information on how employers can participate in the H-2B program for example easy- to-understand instructions on how to prepare and submit a job order a copy of the SWA job order form that is accessible and can be completed electronically and current contact information within the SWA for employers to request technical assistance. Worker rights information developed by the SWA or as provided below that covers at minimum the following information oEmployee Rights Under the H-2B Program Poster PDF oSpanish Version Poster PDF oH-2B Worker Rights and COVID-19 PDF oSpanish Version Poster PDF . Information educating employers about the responsibilities associated with the use of foreign labor recruiters and ban on prohibited fees. The SWA agrees to maintain an up-to-date listing of contacts associated with the central office of the State Federation of Labor and office s of local union s representing employees in occupations traditionally or customarily unionized if any and make the list readily available to employers. No less frequently than once a year the SWA will electronically disseminate to employers who routinely use the H-2B program information about their obligations to fully comply with relevant employment-related laws particularly those that relate to the working conditions and health and safety of employees and the consequences for failing to do so information on any relevant state- specific and local employment-related laws including health and safety laws and requirements impacting the material terms or conditions of employer job orders helpful tips or best practices on preparing high quality job orders and the most current version of the state agency s job order form and instructions. In addition the SWA will also Remind and educate employers about their obligations to fully comply with Title VII of the Civil Rights Act of 1964 which makes it illegal to discriminate against someone or harass someone on the basis of race color religion national origin or sex and makes employers accountable for providing a work environment that is free from harassment and other kinds of discrimination. III-2 OR III-3 Where requested a nd funds permitting the SWA will participate in local or state employer roundtables conferences or other stakeholder forums to present and or disseminate information related to the H-2B program. 2. Placement of H-2B Job Orders In accordance with funds appropriated under the Wagner- Peyser Act 29 U.S.C. 49 et seq. the SWA already administers a public labor exchange system that facilitates the placement of employer job orders and referral of prospective U.S. applicants to current and future job opportunities. The SWA labor exchange system which is referred to as insert Labor Exchange System name here is accessible to employers required to place a job order in connection with a concurrently filed H-2B Application for Temporary Employment Certification with DOL pursuant to 20 CFR 655.16. The SWA has capability for employers to place job orders for review in the following manner Please check all that apply Self-services by accessing the SWA s labor exchange sys tem Insert state labor exchange system website link here Staff-a ssisted job order services by submitting a draft job order at Insert SWA contact information including email address where employers can submit H-2B job orders Please check one of the following The SWA s job order form and o r system DOES contain an entry field or option permitting employers to identify that the job order is being placed in connection with a concurrently submitted Application for Temporary Employment Certification for H-2B workers The SWA s job order form and o r system DOES NOT contain an entry field or option permitting employers to identify that the job order is being placed in connection with a concurrently submitted Application for Temporary Employment Certification for H-2B workers. Therefore employers can provide the notification required by regulation at 20 CFR 655.16 a 1 to the SWA in the following manner Insert a brief description of how and to whom employers can provide the state agency with the required notification III-4 Pleas e check all that apply The SWA has submitted wi th this grant plan a current electronic copy of the form and general instructions employers are required to use to submit job orders. The standa rd job order form and general instructions are easily accessible to employers on a website maintained by the SWA at Insert state agency website link here 3. Processing of H-2B Job Orders Upon receipt the SWA will review the job order submitted by the employer for compliance with the regulatory criteria under 20 CFR 655.18 1 as well as any state-specific requirements. In circumstances where a waiver of the required time period for filing an Application for Temporary Labor Certification is granted under 20 CFR 655.17 for emergency situations the SWA will review the proposed or draft job order upon request by the DOL Certifying Officer CO and made available through the OFLC Foreign Labor Application Gateway FLAG System. a. Compliance Review of Job Orders Using an authorized SWA FLAG System account the SWA will notify the DOL CO of any deficiencies within six business days of the date the employer s job order was received For each deficiency identified the SWA will state the re ason s why the job order fails to meet the criteria under 20 CFR 655.18 For each deficiency identified related to a state-specific requirement the SWA will provide the applicable statutory or regulatory citation s and state the modification s needed for the DOL CO to issue a Notice of Acceptance NOA and In circumstances where a timely r eview of the job order by the SWA cannot be performed the state agency understands that the DOL CO has the authority to 1 The Consolidated Appropriations Act 2022 prohibits DOL from using FY 2022 appropriations to enforce the definition of corresponding employment found in 20 CFR 655.5 or the three-fourths guarantee rule definition found in 20 CFR 655.20 or any reference thereto P.L. 117-103 Div. H Tit. I Sec. 111 . In order to comply with this limitation the state agency will not use any funds provided under this grant to implement these provisions in any manner. The state agency understands that the appropriation riders did not vacate these regulatory provisions and they remain in effect thus imposing a legal duty on H-2B employers even though the DOL is currently prohibited from using funds to enforce them. issue a Notice of Deficiency 20 CFR 655.31 or a Notice of Acceptance 20 CFR 655.33 within seven business days of receipt. III-5 b. Processing of Approved Job Orders Upon receipt of a NOA under 20 CFR 655.33 the SWA will perform the following actions when instructed by the DOL CO Promptly make on behalf of the employer any necessary modifications to the job order under 20 CFR 655.32 or amendments granted by the DOL CO under 20 CFR 655.35 and uploads the modified documents through the SWA FLAG System account Promptly place on its active file the job order approved by the DOL CO as well as job orders received from other SWAs pursuant to 20 CFR 655.16 c for intrastate clearance until the end of the recruitment period as specified by the DOL CO i.e. 21 days before the start date of need set forth in 20 CFR 655.40 c Promptly transmit a copy of the approved job order to other SWAs for interstate clearance as instructed by the DOL CO with instructions that each SWA keep the approved job order on its active file until the end of the recruitment period Based on the SWA s determination that the employer s job opportunity covers an occupation or industry that is traditionally or customarily unionized promptly transmit a copy of the approved job order to the central office of the State Federation of Labor and any local union office s representing employees in the same or substantially equivalent job classification in the area s in which work will be performed under the approved job order and The SWA agrees to maintain an up-to-date listing of contacts associated with the central office of the State Federation of Labor and office s of local union s representing employees in occupations traditionally or customarily unionized if any. c. Referral of Qualified and Available U.S. Workers The SWA s public labor exchange services have the capability whether by self- service or staff-assisted services to apprise prospective U.S. workers of all the material terms and conditions of the employer s job opportunity prior to referral as required by 20 CFR 655.47 III-6 The SWA will use it s public labor exchange services i.e. self-service job bank system and or one-stop career centers to refer to the employer all qualified U.S. workers who apply for the job opportunity or on whose behalf a job application is made. Please note that these activities will be covered by existing Wagner-Peyser formula grants and not by the foreign labor certification grants that are the subject of this TEGL Upon request by the DOL CO the SWA will make available records of U.S. workers referred through an approved job order to assist the DOL CO in making a final determination on the employer s Application for Temporary Employment Certification as specified in 20 CFR 655.50 using the SWA FLAG System account and For complain ts against an employer about a specific H-2B job order to which U.S. workers were referred the SWA agrees to utilize the existing complaint system for public labor exchange services established under 20 CFR 658 Subpart E. Please note that these activities will be covered by existing Wagner-Peyser formula grants and not by the foreign labor certification grants that are the subject of this TEGL. U.S. workers may submit a complaint using one or more of the following methods Website Insert the website URL where a complaint can be filed online if applicable Email Insert the email address where a complaint can be filed online if applicable Telephone Insert the toll-free phone number where a complaint can be filed online if applicable Other Method s Insert a brief description of any other methods U.S. workers can submit complaints for review and processing by the SWA if applicable 4. Post-Determination Services The SWA agrees to provide support services to the DOL CO after a final determination is issued under 20 CFR 655.50 in the following manner In accordance with 20 CFR 655.57 and upon request by the DOL CO the SWA agrees to promptly provide information concerning the availability of U.S. workers to replace some or all of the qualified U.S. workers who were initially deemed available in support of a partial certification or denial determination on the employer s Application for Temporary Employment Certification using the SWA FLAG System account For complaints involving allegation of fraud or misrepresentation the SWA agrees to refer all such complaints to the DOL CO at H2BSWA.Chicago dol.gov for appropriate handling and resolution III-7 In accordance with 29 CFR 503.7 and 29 CFR 50 3.15 the SWA agrees to refer to the appropriate office of the Wage and Hour Division any complaint or report of a violation received by any person of the obligations imposed by 8 U.S.C. 1184 c INA section 214 c 20 CFR part 655 Subpart A or 29 CFR part 503 covering the geographic area in which the reported violation is alleged to have occurred and provide a copy of such referral to the DOL CO at h2bcomplaints.chicago dol.gov and The SWA agrees to coo perate and make available all appropriate records and information upon request from any employee or agent of the DOL who is exercising or attempting to exercise the Department s authority pursuant to 8 U.S.C. 1184 c including investigations as described in 29 CFR 503.25. C. H-2A Temporary Agricultural Program Activities Section 218 a 1 of the INA 8 U.S.C. 1188 a 1 authorizes the Secretary of Homeland Security to permit employers to e mploy foreign workers to perform agricultural labor or services of a temporary or seasonal nature where the DOL certifies that there are not sufficient qualified U.S. workers available to fill the petitioning employer s job opportunity and a foreign worker s employment in the job opportunity will not adversely affect the wages or working conditions of workers in the United States similarly employed. In accordance with DOL regulations at 20 CFR 655 Subpart B the SWA agrees to carry out all state activities to support DOL s review and processing of job orders and applications seeking temporary labor certification under the H-2A program. The SWA will use the FLAG System to submit clearance orders to OFLC. Specifically the SWA agrees to carry out the following activities 1. Stakeholder Education and Outreach As part of comprehensive education and outreach plan the SWA will make available in a conspicuous location on the state agency website the following Information on how employers may attach H-2A app lications to Agricultural Clearance Orders through the Agricultural Recruitment System for U.S. workers such as easy-to- understand instructions on how to prepare and submit the Form ETA-790 Agricultural and Food Processing Clearance Order request a pre-occupancy inspection of housing for farmworkers if applicable and the current contact information for employers to request technical assistance from the state agency. Worker rights information created by the SWA or as provided below that covers at minimum the following information o Employee Rights Under the H-2A Program English Version PDF o Employee Rights Under the H-2A Program Spanish Version PDF o H-2A Worker Rights Card - English Version PDF o H-2A Worker Rights Card - Spanish Version PDF o Farm Worker Rights Flyer English Spanish Version PDF Information educating employers about the responsibilities associated with the use of foreign labor recruiters and ban on prohibited fees. III- 8 No less freq uentl y than once a year the SWA will electronically disseminate to employers who routinely use the H-2A program information about their obligations to fully comply with relevant employment-related laws particularly those that relate to the working conditions and health and safety of employees and the consequences for failing to do so if applicable information on any relevant state-specific requirements e.g. current prevailing practices or normal and accepted requirements and local employment-related laws including health and safety laws impacting the material terms or conditions of employer job orders and helpful tips or best practices on preparing high quality job orders. In addition the SWA will Remind and educate employers about their obligations to fully comply with Title VII of the Civil Rights Act of 1964 which makes it illegal to discriminate against someone or harass someone on the basis of race color religion national origin or sex and makes employers accountable for providing a work environment that is free from harassment and other kinds of discrimination. Where requested and funds permitting the SWA will participate in local or state employer roundtables conferences or other stakeholder forums to present and or disseminate information related to the H-2A program. 2. Placement of Clearance Orders Attached to H-2A Applications In accordance with funds appropriated under the Wagner-Peyser Act 29 U.S.C. 49 et seq. the SWA already administers a public labor exchange system that facilitates the placement of employer job orders and referral of prospective U.S. applicants to current and future job opportunities. The SWA fully utilizes the Department s FLAG System to process the Agriculture Clearance Order Form ETA-790 790A filed by employers in connection with a future filed H-2A Application for Temporary Employment Certification Form ETA-9142A with DOL pursuant to 20 CFR 655.121. 3. Processing of Clearance Orders Attached to H-2A Applications Upon receipt of the clearance order the SWA will review the clearance order submitted by the employer for completeness obvious errors or inaccuracies and compliance with the regulatory criteria under 20 CFR 655.122 and 20 CFR 653 subpart F. In c ircumstances where a waiver of the required time period for filing an H-2A application is granted under 20 CFR 655.134 for emergency situations the SWA will make every effort to review the proposed or draft clearance order upon request by the DOL CO and made available using the SWA FLAG System account. a. Compliance Review of Clearance Orders The SWA will notify the employer of any deficiencies within seven calendar days of the date the employer s job order was received III-9 In circumstances where deficiencies are identified the SWA will promptly record the decision using the SWA FLAG System account and provide written notification to the employer stating the reason s why the job order fails to meet the regulatory criteria and offering an opportunity to respond to the deficiencies within five calendar days after receipt of the state agency s written notification and make a copy of this notification available for the DOL CO s review using the SWA FLAG System account The SWA agrees to respond within three calendar days after receipt of the employer s response and make a copy of this response available for the DOL CO s review using the SWA FLAG System account and In circumstances where a timely review of the job order cannot be performed the SWA understands that the employer is permitted to use the emergency filing procedures for filing an H-2A application set forth in 20 CFR 655.134. b. Processing of Approved Clearance Orders Upon determining the clearance order meets the regulatory criteria whether by the SWA or the DOL CO in the NOA under 20 CFR 655.143 the SWA will promptly record the decision on the job order using the SWA FLAG System account. In accordance with 20 CFR 653.501 a the SWA based on its knowledge and experience with the local labor market may either 1 place the approved job order with the nearest local ES office serving the area of intended employment to initially determine whether qualified local workers are available for the job opportunity or 2 make a determination anticipating a shortage of qualified local workers for the job opportunity and place the approved job order for intrastate clearance per 20 CFR 655.121 b 2 and commence recruitment of U.S. workers The SWA agrees to keep the approved clearance order on its active file until the end of the recruitment period i.e. 50 percent of the period of employment as set forth in 20 CFR 655.135 d Where the approved clearance order includes worksites in an area of intended employment that falls within the jurisdiction of more than one SWA the order- holding SWA agrees to forward a copy of the approved clearance order to other SWAs serving the area of intended employment with instructions to place a copy of the approved clearance order on its active file until the end of the recruitment period and III-10 Upon receipt of a NOA under 20 CFR 655.143 the SWA will perform the following actions when instructed by the DOL CO In circumstances where the clearance order remains on the active file of the local ES office serving the area of intended employment promptly place the approved clearance order into intrastate clearance. In the case of emergency situations promptly place on its active file the clearance order approved by the DOL CO as well as clearance orders received from other SWAs for clearance per 20 CFR 655.121 b 2 until the end of the recruitment period as set forth in 20 CFR 655.135 d . Promptly transmit a copy of the approved clearance order to other SWAs for interstate clearance as instructed by the DOL CO with instructions that each SWA keep the approved clearance order on its active file until the end of the recruitment period. Provide written notice of the job opportunity to organizations that provide employment and training services to workers likely to apply for the job and or to place written notice of the job opportunity in other physical locations where such workers are likely to gather per 20 CFR 655.143 b 5 . c. Referral of Qualified and Available U.S. Workers The SWA will use its public labor exchange services to refer to the employer all qualified U.S. workers who apply for the job opportunity or on whose behalf a job application is made until 50 percent of the contract period calculated from the first date indicated in Section A.3 of Form ETA-790A. This announcement should apprise prospective U.S. workers of all the material terms and conditions of the employer s job opportunity prior to referral as required by 20 CFR 655.155. Please note that these activities are covered by existing Wagner-Peyser formula grants and not by the foreign labor certification grants that are the subject of this TEGL and Using the SWA FLAG System account the SWA will make available records of U.S. workers referred through an approved clearance order to assist the DOL CO in making a final determination on the employer s Application for Temporary Employment Certification as specified in 20 CFR 655.160. d. Providing Written Notice of Certain Job Opportunities Placed in Connection with H- 2A Applications III-11 The SWA will provide written notice of a job opportunity to organizations that provide employment and training services to workers likely to apply for that job opportunity and or place written notice of that job opportunity in other physical locations where such workers are likely to gather per 20 CFR 655.143 b 5 . 4. Conducting Prevailing Wage Surveys This section of the grant plan identifies the schedule of the agricultural prevailing wage surveys including logging activities the SWA plans to conduct during the performance period of the grant including anticipated survey timeframes by area e.g. statewide regional crops or other agricultural activities commodities survey means e.g. site survey telephone survey and approximately when wage results are expected to be transmitted to the OFLC National Office via the Forms ETA-232 for review. To the extent practicable the SWA will 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 feasible at a broader wage reporting area e.g. statewide that will yield reliable wage findings from year to year particularly those agricultural activities paying workers on a piece rate basis In circumstances where substantial dissimilarities in crop or related conditions exists in different parts of the state the SWA may use sub-state reporting areas for conducting prevailing wage surveys and The SWA agrees to submit all completed and signed Form ETA-232 prevailing wage survey findings to the DOL OFLC National Office in accordance with instructions contained in this TEGL. The SWA must provide an explanation for not scheduling any prevailing wage surveys or for reducing the number of wage surveys from previous year here Insert explanation SWA schedule of wage surveys inserted here and if necessary include attachments Survey Survey Areas Crops Agricultural Survey Means Survey Timeframes e.g. Commodities e.g. site Transmission statewide survey Timeframe to regional telephone OFLC Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. III-12 5. Conducting Prevailing Practice and Normal Accepted Requirements Surveys This section of the grant plan identifies the schedule of the agricultural prevailing practice and normal and accepted requirement surveys including logging activities the SWA plans to conduct during the performance period of the grant in accordance with ETA Handbook No. 398 including anticipated survey timeframes by area e.g. statewide regional and crops or other agricultural activities commodities and approximately when employment practice results are expected to be transmitted to the OFLC CNPC for review. The SWA agrees to submit all completed prevailing practice and normal and accepted requirement surveys promptly to the CNPC in accordance with instructions contained in this TEGL. The SWA must provide an explanation for not scheduling any prevailing practice surveys for reducing the number of surveys from previous year here If this is the same as provided above please indicate Same survey schedule without completing this table. III-13 Insert explanation SWA schedule of employment practice surveys inserted here and if necessary include attachments Survey Survey Areas Crops Agricultural Survey Means Survey Timeframes e.g. Commodities e.g. site Transmission statewide survey Timeframe to regional telephone OFLC Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. 6. Scheduling and Conducting Housing Inspections III- 1 4 All Housing Inspections. The SWA agrees to develop and maintain a plan to schedule housing inspections prior to the filing of clearance orders from employers who regularly use the H-2A program and to the extent practicable actively encourage employers to have housing ready for inspection at the time of filing the clearance order or earlier. The SWA agrees to conduct housing inspections in accordance with applicable local state or Federal standards and provide notification to the employer of any deficiencies request correction in five calendar days and re-inspect to determine compliance. Additionally the SWA agrees to provide a copy of the approved housing inspection or other official certification document to the employer and if applicable to the employer s authorized representative. Employer-Provided Housing. I n accordance with 20 CFR 655.122 d 1 i the SWA agrees to schedule and conduct pre-occupancy inspections of housing to be furnished to H-2A workers and non-H-2A workers in corresponding employment who are not reasonably able to return to their place of residence the same day. Employer-provided housing must meet the full set of DOL Occupational Safety and Health Administration standards set forth at 29 CFR 1910.142 or the full set of standards at 20 CFR 654.404 through 654.417 whichever are applicable under 20 CFR 654.401. Special requirements for range housing are provided below. Rental and or Public Accommodations. The SWA DOES NOT have juris diction to inspect rental and or public accommodation housing. The SWA DOES have jurisdi ction under a state or local law regulation to perform an inspection of rental and or public accommodation housing. Insert citation of state or local law regulation and the criteria under which the inspections of rental or public accommodation housing will be performed Range Housing. If applicable the SWA agrees to schedule and conduct inspections of range housing and certify that such housing used on the range is sufficient to accommodate the number of certified workers and meets the requirements under 20 CFR 655.230 and all applicable standards contained in 20 CFR 655.235. Except in circumstances where the DOL has a special procedure or as permitted by 20 CFR 655.230 the SWA agrees to schedule and complete the required housing inspection and submit notification e.g. report email no later than 30 days before the start date of work to the CNPC regarding whether housing is approved or not approved at H2ASWA.Chicago dol.gov andIII-15 T he SWA agrees to prompt ly notif y the CNPC of any changes in employer- provided housing and the results of any inspections conducted on substitute housing. Alternative Housing Inspection Methods or Arrangements. The SWA DOES NOT us e altern ative methods or arrangements for conducting pre-occupancy housing inspections. The SWA is solely responsible for scheduling and conducting pre-occupancy housing inspections. The SWA DOES use alterna tive methods memoranda of understanding or other contractual arrangements with the following agency ies organization s to assist in conducting pre-occupancy housing inspections Insert name of state or local housing authority or other entity assisting the SWA in conducting housing inspections The SWA has submitted with this grant plan a current electronic copy of the memorandum of understanding or other contractual arrangement demonstrating that pre-occupancy housing inspections will be scheduled and conducted in a manner that meets applicable regulatory standards and timeframes. Alternative Inspection Methods Only in emergency situat ions where physical housing inspections cannot reasonably be performed such as during FEMA declared emergencies due to Acts of God or other pandemic health emergencies may the SWA implement the below alternative methods and procedures on a temporary basis to verify that housing meets all applicable standards. As soon as practicable SWAs are expected to conduct a physical housing inspection. The SWA will retain all documentation and records demonstrating compliance and make such information available to DOL upon request. Insert a description of the alternative methods and procedures that may be implemented by the SWA including examples of acceptable documentation or evidence the SWA will rely upon to determine compliance. 7. Post-Determination Services The SWA agrees to provide support services to the DOL CO after a final determination in the following circumstances III-16 T o the extent resour ces are available the SWA agrees that staff funded through the FLC grant will cooperate with and assist Wagener-Peyser Employment Service grant activities that support employer compliance with Agricultural Clearance Order requirements at 20 CFR 653 and 655. This means that FLC grant funds may be used to support SWA processing of Complaints and Apparent Violations through the Employment Service and Employment Related Law Complaint System described at 20 CFR 658 Subpart E and field checks described at 20 CFR 653.503. All activities funded through the FLC grant for such Employment Service activities will be fully documented as required by 20 CFR 653 and 20 CFR 658 Subpart E and all related records and findings will be available to the State Monitor Advocate for monitoring purposes or to the DOL CO for other appropriate action under 20 CFR 655 Subpart B. The SWA may also provide any findings or related records to the Wage and Hour Division Occupational Safety and Health Administration or any other appropriate government enforcement agencies. In accordance with 20 CFR 655.166 and upon request by the DOL CO the SWA agrees to promptly provide information concerning the availability of U.S. workers to replace some or all of the qualified U.S. workers who were initially deemed available in support of a partial certification or denial determination on the employer s H-2A application The SWA agrees to cooperate an d make available all appropriate records and information upon request from any Federal officials assigned to perform an investigation inspection or law enforcement function pursuant to 8 U.S.C. 1188 and the H-2A regulations as described in 29 CFR 501.7 For complaints and apparent violations arising under the H-2A regulations the SWA agrees to utilize the existing Employment Service and Employment-Related Law Complaint System as described in 20 CFR part 658 subpart E and as required by 20 CFR 655.185. Please note that these activities will be covered by existing Wagner- Peyser formula grants and not by the foreign labor certification grants that are the subject of this TEGL SWAs agree to refer complaints and apparent violations arising under the H-2A regulations which ar e not informally resolved as described at 20 CFR 658.411 to the following recipients in addition to other appropriate enforcement agencies or another public agency a legal aid organization or a consumer advocate organization as appropriate F or complaints and apparent violations involving allegation of fraud or misrepresentati on the SWA agrees to refer all such complaints to the DOL CO at H2ASWA.Chicago dol.gov for appropriate handling and resolution For complaints and apparent violations involving contracts with workers theSWA agrees to refer all such complaints to the nearest local or regional office of the Wage Hour Division for appropriate handling and resolution as described in 29 CFR part 501 and provide a copy of such referral to the DOL CO at H2ASWA.Chicago dol.gov and For complaints and apparent violations alleging that an employer discouragedan eligible U.S. worker from applying failed to hire discharged or otherwise discriminated against an eligible U.S. worker or discovered violations involving the same the SWA agrees to refer all such complaints to the U.S. Department of Justice Civil Rights Division Immigrant and Employee Rights section in addition to any activity investigation and or enforcement action taken by the state agency and provide a copy of such referral to the DOL CO at H2ASWA.Chicago dol.gov. D.Permanent Labor Certification Program The SWA s lab or exchange system is accessible to employers who are required to place a job order in connection with an Application for Permanent Employment Certification as set forth in 20 CFR part 656 and facilitates the referral of qualified and available U.S. workers for consideration and The SWA understands that these labor exchange services are already covered by existing Wagner-Peyser formula grants not by the foreign labor certification grants that are the subject of this TEGL. E.Grantee Contact Information H-2A Program Point-of-Contact Last name First name Click or tap here to enter text. Click or tap here to enter text. Job title Click or tap here to enter text. City State Postal code Click or tap here to enter text. Click or tap here Click or tap here to to enter text. enter text. Telephone number including extension Click or tap here to enter text. Job title First name Job title Address Click or tap here to enter text. City Telephone number including extension E-mail address Click or tap here to enter text. State Postal code Fax number Click or tap here to enter text. III-17 H-2B Program Point-of-Contact if different than the contact listed above Last name Click or tap here to enter text. First name Click or tap here to enter text. Job title Click or tap here to enter text. Address Click or tap here to enter text. City Click or tap here to enter text. State Click or tap here to enter text. Postal code Click or tap here to enter text. Telephone number including extension Click or tap here to enter text. Fax number Click or tap here to enter text. E-mail addres s Click or tap here to enter text. Fiscal Grant Point-of-Contact if different than the contact listed above Last name Click or tap here to enter text. First name Click or tap here to enter text. Job title Click or tap here to enter text. Address Click or tap here to enter text. City Click or tap here to enter text. State Click or tap here to enter text. Postal code Click or tap here to enter text. Telephone number including extension Click or tap here to enter text. Fax number Click or tap here to enter text. E-mail addres s Click or tap here to enter text . OMB Paperwork Reduction Act OMB Control Number 1225-0086 Persons are not required to respond to this collection of information unless it displays a currently valid OMB control number. This information is being collected for purposes of awarding a grant. Your response is required in order to obtain or retain a benefit. See Wagner-Peyser Act section 9 29 U.S.C. 49 i . Public reporting burden for this collection of information is estimated to average approximately 4 four hours per response including the time for reviewing instructions searching existing data sources gathering and maintaining the data needed and completing and reviewing the collection of information. Send comments regarding this burden estimate to the U.S. Department of Labor-OASAM Office of The Chief Information Officer Room 1N1301 200 Constitution Ave. NW Washington DC 20210. III-18 Attachment IV ANNUAL PLAN CERTIFICATION Insert Official Name of SWA not that of an individual certifies that it will carry out all activities outlined in the Fiscal Year 2022 Annual Plan to support the Secretary of Labor s responsibilities under the Immigration and Nationality Act as well as all other standard certifications and assurances as a condition of receiving the Federal grant funds. Per 2 CFR 200.333 file documentation of grant activities and accomplishments will be available for examination by the Employment and Training Administration or other authorized Federal representatives. Authorized Representative s Signature Date Authorized Representative s Job Title Authorized Representative s Printed Name IV-1 Attachment V V-1 Procedures for Prior Approval of Equipment Purchase Requests Grant recipient s must follow the procedures below to receive prior approval to purchase equipment. Grant recipients must submit a formal written request to acquire and purchase equipment to the appropriate Grant Officer. All requests must be submitted through the Federal Project Officer and contain the following information at a minimum 1. Item name 2. Item descri ption and basic specifications 3. Estimated useful life of equipment 4. Item cost actual or estimated and total cost if multiple items including the cost if known to put the asset s in place and make it usable for the purposes it was acquired 5. Purpose of acquisition a description of how the equipment will be used to support the grant and a reference to the approved activities in the Statement of Work and the page numbers if known . This description and justification are critical as the information will provide the documentation that the costs to be incurred are for approved grant- related activities and in the best interests of the government and 6. Contact name and telephone number. This information will be used as the basis for the Grant Officer s decision. Attachment VI Instructions for Completing the Budget Narrative For all grantees use the following guidance below when writing the budget narrative IMPORTANT If a total amount for each line item listed below is included in the narrative please be sure the amount in the narrative matches the corresponding line items on the SF- 424A Application for Federal Assistance. Personnel List all staff positions by title current and proposed . Provide the annual salary of each position percentage of each position s time devoted to the project the amount of each position s salary funded by the grant and the total personnel cost for the program year. Fringe Benefits Provide a breakdown of the amounts and percentages that comprise fringe benefit costs such as health insurance FICA retirement etc. Travel Specify the purpose mileage per diem estimated number of in-state and out-of-state trips and under costs for each type of travel. Equipment Identify each item of equipment to be purchased which has an estimated acquisition cost of 5000 or more per unit and a useful life of more than one year see 2 CFR 200.1 for the definition of equipment . List the quantity and unit cost per item. Items with a unit cost of less than 5000 are considered supplies. Supplies Supplies include all tangible personal property other than equipment see 2 CFR 200.1 for the definition of supplies . List the quantity and unit cost per item. Contractual Identify each proposed contract and specific purpose and estimated cost. If applicable identify any sub-recipient agreements including purpose and estimated costs. Construction Construction costs are not allowed and this line must be zero. Other List each item in sufficient detail for us to determine whether the costs are reasonable or allowable. List any item such as stipends or incentives not covered elsewhere. Indirect Charges The following link contains specific DOL information regarding indirect charges https www.dol.gov agencies oasam centers-offices office-of-the-senior-procurement- executive cost-price-determination-division. VI-1 Attachment VII VII-1 FY 2022 Funding Guidanc e a nd Funding Levels The funding authorized for foreign labor certification state grants in the Consolidated Appropriation Act 2022 was allocated to the SWAs as described below 1. Base Allocation 13 955 140 With limited exceptions a base allocation was allocated to each SWA commensurate with its base allocation for the previous year and the level of obligations under its active foreign labor certification grants. The exceptions are comprised of SWAs meeting each of the following criteria a. the SWA processed an annual average of less than five total clearance orders attached to H-2A applications during the three most recently completed fiscal years FY 2019-2021 b. the SWA processed an annual average of less than five total H-2B job orders during the three most recently completed fiscal years FY 2019- 2021 and c. an annual average of less than five total housing units were identified on clearance orders att ached to H-2A applications processed by the SWA during FY 2020 and FY 2021 and d. in circumstances where a SWA s actual workload met all three of these aforementioned factors the SWA was allocated 5 000 to support the costs associated with processing this minimal level of foreign labor certification workload. The SWAs meeting these criteria were the District of Columbia Guam and the Virgin Islands. 2. Supplemental Allocation 7 326 860 In addition to its base allocation each SWA except those meeting the criteria described above was allocated a supplemental allocation. Each SWA s supplemental allocation was determined in the following manner a. One-third of the available funding was based on each SWA s proportion of the estimated total national housing inspection workload. This was defined as the total number of housing units identified on clearance orders attached to H-2A applications processed during FY 2020 and FY 2021 and located in the jurisdiction of the SWA divided by the total number of housing units identified on clearance orders attached to H-2A applications processed during FY 2020 and FY 2021 by all SWAs. b. Two-thirds of the available funding was based on each SWA s share of the total national workload associated with reviewing and posting clearance orders attached to H-2A and H-2B applications during the three most recent fiscal years FY 2019 2021 . Seventy percent of this two-thirds amount was allocated based on each SWA s share of the total clearance orders attached to H-2A applications processed during the three most recently completed fiscal years FY 2019 2021 . For example if SWA 1 processed five percent of the total national clearance orders attached to H-2A applications processed during the three most recent fiscal years then SWA 1 would receive five percent of the funding allocated on the basis of clearance orders attached to H-2A applications. Because SWA reviews of clearance orders attached to H-2A applications have significantly more complex regulatory requirements than SWA reviews of H-2B job orders a higher percentage of the available resources were allocated on the basis of clearance orders attached to H- 2A applications rather than on H-2B job orders. . The remaining t hir ty percent of the two-thirds amount was allocated based on each SWA s share of the total H-2B job orders processed during the three most recently completed fiscal years FY 2019 2021 . For example if SWA 1 processed five percent of the total H- 2B job orders processed during the three most recent fiscal years then SWA 1 would receive five percent of the funding allocated on the basis of H-2B job orders. 3.Total Grant Allocation The combined total of each SWA s base allocation and supplemental allocation comprises the SWA s total FY 2022 grant award. 4.Data Sources The data sources used to support the allocation of supplemental funding for SWAs are available in the OFLC disclosure data published at www.dol.gov agencies eta foreign-labor performance Housing unit data was derived from the Form ETA-790A Addendum B. Data from the three most recently completed fiscal years was used for the workload factors associated with job orders in order to more accurately reflect long-term trends. VII-2 FY 2022 Funding Level 21 282 000 The funding amount below must be indicated on the SF-424 and SF-424A for FY 2022 Base Allocation Supplemental Allocation Total FY 2022 Grant Total 13 955 140 7 326 860 21 282 000 Alabama 122 000 55 580 177 580 Alaska 76 145 20 205 96 350 Arizona 160 587 130 156 290 743 Arkansas 100 230 160 957 261 187 California 1 500 000 518 964 2 018 964 CNMI 65 500 3 146 68 646 Colorado 241 500 197 989 439 489 Connecticut 250 000 34 298 284 298 Delaware 65 000 13 102 78 102 District of Columbia 5 000 0 5 000 Florida 470 000 516 889 986 889 Georgia 480 000 267 562 747 562 Guam 5 000 0 5 000 Hawaii 60 000 4 383 64 383 Idaho 400 000 265 127 665 127 Illinois 300 000 91 799 391 799 Indiana 92 361 77 084 169 445 Iowa 207 185 105 837 313 022 Kansas 110 010 86 515 196 525 Kentucky 300 000 353 358 653 358 Louisiana 255 000 372 110 627 110 Maine 265 000 77 466 342 466 Maryland 433 424 68 436 501 860 Massachusetts 408 140 91 860 500 000 Michigan 320 000 194 517 514 517 Minnesota 130 000 93 907 223 907 Mississippi 250 000 123 625 373 625 Missouri 150 558 84 870 235 428 Montana 278 811 131 392 410 203 Nebraska 100 000 86 422 186 422 Nevada 115 000 196 608 311 608 New Hampshire 53 625 26 871 80 496 New Jersey 400 000 78 437 478 437 New Mexico 70 000 29 448 99 448 New York 1 400 000 275 486 1 675 486 North Carolina 483 800 496 418 980 218 North Dakota 186 000 192 521 378 521 Ohio 275 000 118 652 393 652 Oklahoma 96 500 63 039 159 539 Oregon 315 000 62 820 377 820 Pennsylvania 400 000 130 835 530 835 VII -3 VII-4 Puerto Rico 55 000 3 105 58 105 Rhode Island 76 145 7 031 83 176 South Carolina 209 000 99 962 308 962 South Dakota 100 000 109 443 209 443 Tennessee 220 251 168 195 388 446 Texas 450 000 398 171 848 171 Utah 120 000 134 909 254 909 Vermont 130 000 33 912 163 912 Virgin Islands 5 000 0 5 000 Virginia 424 931 139 612 564 543 Washington 400 000 202 678 602 678 West Virginia 50 000 9 954 59 954 Wisconsin 150 000 49 533 199 533 Wyoming 88 437 71 664 160 101 Online Wage Library 80 000 0 80 000 Attachment VIII Amendment A Commonwealth of the Northern Mariana Islands CNMI CW-1 Program Fiscal Year FY 2022 Office of Foreign Labor Certification OFLC Grant Planning VIII-1 Guidance CW -1 Temporary Employment Activities Title VII of the Consolidated Natural Resources Act of 2008 provided the Secretary of the Department of Homeland Security DHS authority to administer and enforce a system of allocating and determining the terms and conditions of visas to be issued to nonimmigrant workers performing services or labor for an employer in the Commonwealth of the Northern Mariana Islands CNMI or Commonwealth . DHS regulations established the Commonwealth-Only Transitional Worker CW-1 visa classification to provide for an orderly transition from the CNMI permit system to the U.S. Federal immigration system for certain foreign nationals. The Northern Mariana Islands U.S. Workforce Act of 2018 Workforce Act was passed to increase the percentage of U.S. workers in the total workforce of the Commonwealth while maintaining the minimum number of non-U.S. workers to meet the changing demands of the Commonwealth s economy to encourage the hiring of U.S. workers and to ensure U.S. workers are not at a disadvantage for employment or displaced by non-U.S. workers. In accordance with the Workforce Act DHS promulgated corresponding regulations to provide that a CW-1 petition for temporary employment in the CNMI must be accompanied by an approved temporary labor certification from the Department. A temporary labor certification granted by DOL serves as confirmation to DHS that 1 there are not sufficient U.S. workers in the CNMI who are able willing qualified and available to fill the petitioning CW-1 employer s job opportunity and 2 a foreign worker s employment in the job opportunity will not adversely affect the wages or working conditions of similarly employed U.S. workers. The CNMI Department of Labor is the government agency responsible for providing employment and training services and maintains an electronic system for registered and approved employers to post job vacancy announcements and receive referrals of qualified U.S. workers in the CNMI. Registration for employers to post vacancy announcements on the job listing system is a one-time free process and readily accessible through the CNMI Department of Labor s website. In accordance with regulations at 20 CFR part 655 subpart E the CNMI Department of Labor agrees to carry out all activities to support DOL s review and processing of job offers and applications seeking temporary labor certification under the CW-1 program. Specifically the CNMI Department of Labor agrees to carry out the following activities A. Stakeholder Education and Outreach As part of a comprehensive education and outreach plan the SWA will make available in a conspicuous location on the CNMI Department of Labor website the following information Worker rights information created by the CNMI Department of Labor theOccupational Safety and Health Administration Wage and Hour Division or similar federal authority and Information on how employers can participate in the CW-1 program such as easy-to- understand instructions on how to prepare and place a job advertisement with the CNMI Department of Labor that is accessible and can be completed electronically and current contact information within the CNMI Department of Labor for employers to request technical assistance. Educate employers about the responsibilities associated with the use of foreign labor recruiters and ban on prohibited fees. No less frequently than once a year the CNMI Department of Labor will electronically dissemi nate to employers who routinely use the CW-1 program helpful tips or best practices on obtaining a prevailing wage determination from the National Prevailing Wage Center and preparing high-quality job advertisements. Where requested and funds permitting the CNMI Department of Labor will participate in local employer roundtables conferences or other stakeholder forums to present and or disseminate information related to the CW-1 program. In add ition the SWA will also make effort to VIII-2 Remind and educ ate employers about Title VII of the Civil Rights Act of 1964 which makes it illegal to discriminate against someone or harass someone on the basis of race color religion national origin or sex and makes employers accountable for providing a work environment that is free from harassment and other kinds of discrimination and Information educating employers about the responsibilities associated with the use of foreign labor recruiters and ban on prohibited fees. B. Placement of CW-1 Job Advertisement employer must place an advertisement with the CNMI Department of Labor for a period of 21 consecutive calendar days. All advertisements must satisfy the requirements codified in 20 CFR 655.441. The CNMI Department of Labor s labor exchange system at www.marianaslabor.net is accessible to employers required to place a job advertisement in connection with a CW-1 Application for Temporary Employment Certification with DOL pursuant to 20 CFR 655.442. The CNMI Department of Labor has capability for employers to place job advertisements for review in the following manner Please check all that apply Self-services by accessing the CNMI Department of Labor s labor exchange system www.marianaslabor.net. Staff-as sisted job offer services by submitting draft job offers at VIII-3 Insert CNMI contact information including email address where employers can submit CW-1 job offer Please check one of the following The CNMI Depart ment of Labor s job offer form and or system DOES contain an entry field or option permitting employers to identify that the job offer is being placed in connection with a submitted Application for Temporary Employment Certification for CW-1 workers OR The CNMI Department of Labor s job offer form and or system DOES NOT contain an entry field or option permitting employers to identify that the job offer is being placed in connection with a submitted Application for Temporary Employment Certification for CW-1 workers. Therefore employers can provide the regulatory required notification to the CNMI Department of Labor in the following manner Insert a brief description of how and whom employers can provide the CNMI Department of Labor with the required notification. Please check all that apply The CNMI Department of Labor has submitted with this grant plan a current electronic copy of the form and general instructions employers are required to use to submit job advertisements. The standard job advertisement form and general instructions are easily accessible to employers on a we bsite maintained by the CNMI Department of Labor at http www.marianaslabor.net . Once employers place an advertisement with the CNMI Department of Labor for 21 consecutive calendar days the CNMI Department of Labor will make available to the employer web pages in which the advertisement appeared on the CNMI Department of Labor job listing system or other verifiable evidence containing the text of the advertisement and the dates of publication demonstrating compliance with the requirement. OMB Paperwork Reduction Act OMB Control Number 1225-0086 Persons are not required to respond to this collection of information unless it displays a currently valid OMB control number. This information is being collected for purposes of awarding a grant. Your response is required in order to obtain or retain a benefit. See 20 CFR 655 Subpart E. Public reporting burden for this collection of information is estimated to average approximately 1 one hour per response including the time for reviewing instructions searching existing data sources gathering and maintaining the data needed and completing and reviewing the collection of information. Send comments regarding this burden estimate to the U.S. Department of Labor-OASAM Office of The Chief Information Officer Room 1N1301 200 Constitution Ave. NW Washington DC 20210.