CLASSIFICATION EMPLOYMENT AND TRAINING ADMINISTRATION Foreign Labor Certi?cation ADVISORY SYSTEM CORRESPONDENCE SYMBOL U.S. DEPARTMENT or LABOR OFLC Washington, 0.0. 20210 DATE May 29, 2019 ADVISORY: TRAINING AND EMPLOYMENT GUIDANCE LETTER NO. 21-13 TO: STATE WORKFORCE AGENCY ADMINISTRATORS FROM: MOLLY E. CONWAY Acting Assistant Secre SUBJECT: Fiscal Year (FY) 2019 Foreign Labor Certi?cation Grant Planning Guidance 1. Purpose. To provide guidance to State Workforce Agencies regarding FY 2019 annual grant allocations for foreign labor certi?cation activities. 2. Action Reguested. SWA Administrators are requested to immediately provide copies of this guidance to all staff involved in the preparation and submission of the annual grant plan for foreign labor certi?cation activities for FY 2019. Within 30 caleliar davs from the date of this issuance, SWAs must submit their grant applications to ETA unless they are in receipt of an approved written extension from the OF LC National Of?ce. ETA requests that Administrators receiving this guidance share this information within their respective organizations in order to ensure that ?scal and programmatic public workforce system members are ?JlIy aware of the required FY 2019 foreign labor certi?cation grant application processes and timelines. 3. Summary and Background. 21. This TEGL provides programmatic guidance and ?nancial information to SWAs to support state foreign labor certi?cation activities in FY 2019. b. The mission of the Employment and Training Administration?s (ETA) Of?ce of Foreign Labor Certi?cation (OFLC) is to help U.S. employers ?ll jobs while protecting the rights and interests of U.S. and foreign workers. OFLC carries out this mission by determining, on a case-by-case basis, whether there are able, willing, and quali?ed U.S. workers available for the job, and whether there will be any adverse impact on similarly employed U.S. workers should a labor certi?cation be granted. The Immigration 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 certi?cation programs to the OFLC. Accordingly, statutory and regulatory provisions of the labor certi?cation programs administered by OFLC require nearly all RESCISSIONS: EXPIRATION DATE: None Continuing 4. 5. employers seeking to hire either permanent or temporary foreign labor to apply to the Secretary for a labor certi?cation. Congress appropriates funding for state foreign labor certi?cation activities through the State Unemployment Insurance and Employment Service Operations (SUIESO) account. As part of the FY 2019 appropriation bill, Congress appropriated $14,282,000 for the state grants. These state grants fund services provided by State Workforce Agencies (SWAs) in support of the foreign labor certi?cation program, including the placement 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. Content. Please see attachment II for guidance. Inguiries. SWA staff should direct all questions to the OFLC National Of?ce at FLC.Grantta.-dol. gov References. Immigration and Nationality Act (INA), as amended, 8 U.S.C. 1 101(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; 48 U.S.C. 1806; Wagner-Peyser Act, 29 U.S.C. 49f(d); US. 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 and B, and 658; 2 CFR 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; 2 CFR 2900, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Department of Labor; Guide for Employment Service Reimbursable Grant Activities; ETA 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; Labor Certi?cation Process for Temporary Employment in the Commonwealth of the Northern Mariana Islands (CW-1 Workers), 84 FR 12380 (Interim Final Rule, April 1, 2019) (Codi?ed at 20 CFR Part 655, Subpart E) (hereafter Interim Final Rule?): and Department of Defense and Labor, Health and Human Services, and Education Appropriations Act, 2019 and Continuing Appropriations Act, 2019 (PL. 115-245). 7. Attachmentjs). Attachment 1. Table of Contents Attachment Program Flaming Guidance and Information Package Attachment [11. Fiscal Year (FY) 2019 Annual Plan Attachment IV. Annual Plan Certi?cation Attachment V. Procedures for Prior Approval of Equipment Purchase Requests Attachment VI. FY 2019 Actual Funding Levels Attachment VII. Amendment A: Commonwealth of the Northern Mariana Islands (CNMI) Fiscal Year (FY) 2019 Of?ce of Foreign Labor Certi?cation (OFLC) Grant Planning Guidance Attachment I Table of Contents Attachment II - Program Planning Guidance and Information Package A. Introduction, p. [1-1 B. Grant Procedures, Requirements, and Timeline p. [1-1 Grant Application p. 11-] Grant Submission p. II-2 Grant Approval p. Il-3 Use of FY 2019 funds p. II-3 Grant Signatures p. [1-3 Grant Modi?cations p. 11- 3 C. Grant Reporting Procedures p. 11-4 1. 2. 3. 4. 5. Financial Status Report p. [1-4 Program Activity Report p. II-5 Agricultural Prevailing Wage Survey Reports p. [1-6 Agricultural Employment Practice Survey Reports p. 11- 7 Referral to Department of Justice, Immigrant and Employee Rights (IER) p. 11- 7 Attachment [11- Fiscal Year (FY) 2019 Annual Plan A. Foreign Labor Certi?cation Workload p. B. H-2B Temporary Nonagricultural Program Activities p. l. 2. 3. 4 Stakeholder Education and Outreach p. 111-2 Placement of H-2B Job Orders p. Processing of H-2B Job Orders p. a. Compliance Review of Job Orders p. b. Processing of Approved Job Orders p. 111-4 c. Referral of Quali?ed and Available U.S. Workers p. Post-Determination Services p. 111- 6 C. H- 2A Temporary Agricultural Program Activities p. 111Stakeholder Education and Outreach p. 111- 6 Placement of Job Orders p. 111-7 Processing of H-2A Job Orders p. a. Compliance Review of Job Orders p. 111-7 b. Processing of Approved Job Orders p. c. Referral of Quali?ed and Available U.S. Workers p. Conducting Prevailing Wage Surveys p. 111-9 Conducting Prevailing Practice and Normal/Accepted Requirements Surveys p. 111- 10 Scheduling and Conducting Housing Inspections p. Post-Detennination Services p. 13 D. Permanent Labor Certi?cation Programp. 14 E. Grantee Contact Informationp. Attachment IV - Annual Plan Certi?cation Attachment - Procedures for Prior Approval of Equipment Purchase Requests Attachment VI - FY 2019 Actual Funding Levels Attachment VII Amendment A: Commonwealth of the Northern Mariana Islands (CNMI) CW-I Fiscal Year (FY) 2019 Of?ce of Foreign Labor Certification (OFLC) Grant Planning Guidance 1-2 Attachment II Program Planning Guidance and Information Package A. Introduction The mission of the Of?ce of Foreign Labor Certi?cation (OFLC) of the Employment and Training Administration (ETA) is to determine, on a case-by-case basis, whether there are able, willing, and quali?ed U.S. workers available for a job. and whether there will be any adverse impact on similar-employed U.S. workers should a labor certi?cation 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 certi?cation programs to the OFLC. Accordingly, statutory and regulatory provisions of the labor certi?cation programs administered by OFLC require nearly all employers seeking to hire either permanent or temporary foreign labor to apply to the Secretary for a labor certi?cation. Congress appropriates funding for state foreign labor certi?cation activities through the State Unemployment Insurance and Employment Service Operations (SUIESO) account. These state grants fund services provided by State Workforce Agencies (SWAs) in support of the foreign labor certi?cation program, including the placement of employer job orders, inspection of housing for agricultural workers, and the administration of prevailing wage and practice surveys. The OFLC distributes this grant funding annually in accordance with approved state plans. This Training and Employment Guidance Letter (TEGL) provides programmatic guidance and ?nancial information to SWAs to support state foreign labor certi?cation activities in FY 2019. This TEGL provides SWAs with the necessary guidelines for updating their annual plans and requesting funds in order to carry out their foreign labor certi?cation program responsibilities. The annual plan must show activity to be performed between October 1, 2018 and September 30, 2019. B. Grant Procedures, Requirements, and Timeline 1. In an effort to achieve greater ef?ciency and as part of the on-going effort to streamline the grant award process, grantees are required to submit the application through 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 portal and should consist of the following documents: Fiscal Year Annual Plan, Expiration Date 05f31f2019, Of?ce of Management and Budget (OMB) Control No. 1225-0086 SF -424: Application for Federal Assistance, Expiration date 12/31/2019, OMB Control No. 4040-0004; SF-424A: Budget Information, Non-Construction Programs, Expiration Date 01,13 1f2019, 0 OMB Control No. 4040-0006; and 0 Justi?cation 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 CF 200.439 and 2 CFR Please see the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 CFR part 200 and the Department of Labor (DOL) exceptions to these requirements at 2 CFR part 2900 for additional information about prior approval requirements. 0 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 ?le 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 or has a pending the Grant Of?cer 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 Of?cer for modi?cation of the award to allow indirect costs as indicated in the NICRA or CAP. Important Notes: 0 An electronically submitted SF-424, Application for Federal Assistance through constitutes the of?cial signed document and must re?ect 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 FY 2019. 0 Full-year funding levels will not be con?rmed until the annual plans have been reviewed and full ?rnding for the year is authorized by appropriations legislation. Please use Attachment 6 of this TEGL for actual funding levels. 0 FY 2019 Annual Plan Table of Contents: 0 Foreign Labor Certi?cation Workload (Attachment 111, Section A) 0 Program Activities (Attachment Section B) I H-2A Program Activities (Attachment 111, Section C) 0 Permanent Labor Certi?cation Program (Attachment Section D) 0 Grantee Contact Information (Attachment 111, Section E) 0 Annual Plan Certi?cation (Attachment IV) 2. Grant Submission. A completed grant application package must be submitted by the SWA to ETA using the portal within 30 calendar days following the date of issuance of the planning guidance. The SF -424 should be electronically signed and the completed package should be submitted through for the Funding Opportunity Number ETA-TEGL-21-18. SWAs may ?nd it helpful to review their prior grant application package submissions and revisions to prepare the FY 2019 grant application package. To submit the required documents, applicants must follow the ?Apply for Grants? link on and search for the TEGL number or CFDA number to access the grant II-2 application workspace. For this grant opportunity, applicants should go_t follow the "Find Grants" link, as this is not a competitive funding opportunity. If applicants encounter a problem with and do not ?nd 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 de?ciencies that may prevent the grant application package from being approved. ETA has determined that FY 2019 funding will be awarded based on several factors, including the amount obligated in previous years and any amount returned to ETA in previous years. Additionally, ETA will attempt to ensure that funding remains relatively stable across years. The amount distributed will depend on the amount of resources available to ETA. After verifying that a grant application package meets the established criteria, the OFLC Administrator will recommend approval to the ETA Grants Of?cer. After reviewing the approved grant application package from the OF LC Administrator, the ETA Grant Of?cer will issue the grant award, including the approved grant application package and a Notice of Acceptance (NOA), to the SWA. 4. Use of FY 2019 funds. The funding received from the OFLC annual distribution is a cost reimbursable grant provided to the SWAs. Although Wagner-Peyser allows three years to expend funds, please note when expending these funds they are for a speci?c period of performance based on the TEGL. 5. Grant Signatures. The 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 of?cial letter, on state letterhead, with the grant application package identifying the new authorized representative. 6. Grant Modi?cations. The grantee and the ETA Grant Of?cer, at the recommendation of the OFLC Administrator, may jointly modify the FY 2019 SWA Annual Plan including negotiated changes in program activities review of job orders, wage or prevailing practice surveys, etc.) and funding levels during the grant period of performance. Any grant plan modi?cation request must include a transmittal letter, written narrative of the proposed revised annual budget, and quarterly spending plan. In the event that the Secretary is required by ?lture legislation, regulatory action, or court order to carry out responsibilities related to the administration of Foreign Labor Certi?cation programs not currently anticipated, the OFLC Administrator will notify the SWAs and request that they submit appropriate modi?cations to their approved grant plans directly to the ETA Grant Of?cer in order to fully carry out their responsibilities. 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 certi?cation 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 ?nancial 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 modi?cations; 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 hence is not required to conduct Wagner- Peyser funded program activities. Therefore, CNMI may use funding provided under its foreign labor certi?cation program grant to fund activities related to the foreign labor certi?cation program, such as the review of H-2A or H-ZB job orders or conducting referrals of quali?ed US. workers that other grantees are required to fund with Wagner-Peyser funds. SWAs will report ?nancial 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 later thagAS calendar days after the end of each quarter in the FY and must be submitted online through Grantee Reporting System at prod/reporting/indexcfm. SWAs can obtain a copy of the Form ETA-9130 at the following Web site: Emma.- lel?o?lfl?g 9531312; 1St Quarter October December February 14 2'?1 Quarter January March May 15 3rd Quarter April June August 14 4?h Quarter July September November 14 he 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- rants.hel dol. Iov or by phone at 202-693?2682. Important Notes on Allowable Costs: 0 Costs incurred under the grant may only be attributed to activities supporting the direct administration of foreign labor certi?cation programs; and 0 Costs may include staff resources, travel expenditures, other direct administrative costs, and indirect/overhead support (where an approved indirect cost plan is in place). 0 Please note, states must not spend more than 20% of the OFLC grant funds conducting prevailing wage and prevailing practice surveys and performing ?eld checks or visits in accordance with 20 CFR Part 653. If additional funding is needed, states may use other Wagner-Peyser funds if available. Employment Service grants may be used for conducting prevailing wage and prevailing practice surveys and performing field checks or visits in accordance with 20 CFR Part 653; Workforce Information Grants to states may be used for conducting prevailing wage and prevailing practice surveys only. 2. Program Activity Report. To account for work performed under the grant, SWAS must submit the Form ETA-9127, Foreign Labor Certi?cation Quarterly Activity Report (OMB Control No. 1205- 0457, Expiration 02l28l2019 but currently under OMB review, with a temporary expiration date of 4l30l2019), on a quarterly basis providing detailed information on H-ZA 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 withig two weeks after the end of each quarter during the FY and may be submitted by e-mail directly to OFLC at FLC.Grant@dol.gov. SWAs may ?nd it helpful to review their prior Form ETA-9127 submissions during completion of the grant application package. OFLC will review the report for completeness and notify the SWA of any inaccuracies or de?ciencies requiring correction. SWAs can obtain a copy of the Form ETA-9127 and instructions at the following websites: Fillable Form: Finalpdf Form Instructions: Form 9127.pdf II-5 Fiscal Year 2019 Ills/[901mg 15? Quarter October December January 15 2?d Quarter January March April 15 3rd Quarter April June July 15 October 15 4'h Quarter July September *If the I day falls on a weekend (Saturday or Sunday, or Federal holiday), then the report is due the next business (lav. If the SWA experiences any technical issues submitting the report please contact the OFLC Grants and Finance Team at FLC.Grant@dol.gov or by phone at 202-513-7350. 3. Agricultural Prevailing Wage Survey Reports. Under the Department?s regulations employer participating in the program is required to offer and pay the highest of several wages, namely: the Adverse Effect Wage Rate (AEWR), the prevailing hourly wage or piece rate, the agreed upon collective bargaining wage, or the Federal or state minimum wage, except where a special procedure is approved for an occupation or speci?c 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 occupation or crop in the area of intended employment. These employer wage results are collected through survey instruments designed by the SWA and transmitted to OFLC as soon as the wage results are completed based on the wage survey plan] using the following standard forms: Form ETA-232, Domestic Agricultural 111-SGGSOM Wage Report (OMB Control No. 1205-0017, Expiration 01l31t?2020) seasonpdf Form ETA-232A, Wage Survey Interview Record (OMB Control No. 1205-0017, Expiration 01t31l2020) ?llable2.pdf Form 232t232A may be submitted electronically (recommended) at the dedicated e-mail address: agwage.survevs@dol.gov The forms may also be mailed to the following address: US. Department of Labor Employment and Training Administration Of?ce of Foreign Labor Certification 200 Constitution Avenue, NW, Room PPII-12-200 Washington, DC. 20210 Attn: H-2A Prevailing Wage Surveys II-6 If the SWA experiences any technical issues conducting the prevailing wage survey or submitting the results, please e-mail agwage.surveys@dol.gov. SWAs should monitor the Agricultural Online Wage Library on the OFLC website at 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 quali?cation and requirement listed in the employer?sjob offer must be bona ?de and consistent with the normal and accepted quali?cations required by employers that do not use workers in the same or comparable occupation and crops. In addition, Departmental regulations allow for certain terms of employment, provided that those terms constitute a prevailing practice. In making a determination as to whether a job offer contains normal and accepted quali?cations and requirements or whether a term of employment would be considered a prevailing practice, OFLC may rely on any information or data collected through state-conducted surveys. The SWA is responsible for designing the survey instruments to collect the data and for transmitting the survey results in summary form to the Chicago National Processing Center (CNPC) as soon as the employment practice results are completed. Absent employment practice survey results, the SWA will be required to conduct ad hoc surveys. The prevailing, normal, or common practice survey results may be submitted electronically directly to the CNPC at H2ASWA.Chicago@dol.gov (recommended) or mailed to the following address: US. Department of Labor Employment and Training Administration Of?ce of Foreign Labor Certi?cation Chicago National Processing Center 1 1 West Quincy Court Chicago, IL 60604-2105 Attn: H-2A Prevailing Practice Surveys If the SWA experiences any technical issues conducting or submitting the employment practice results, please contact the 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 survey for the posting of employment practices for their state. 5. Potential Referrals to Department of Justice, Immigrant and Employee Rights (IER) section. SWA may identify a matter that may fall within lER?sjurisdiction. The SWA is encouraged to contact lER?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). Information on how to make a written noti?cation on the lER?s charge form is available at OMB Approval: 1225?0086 Expiration Date: 05-?31i2019 Attachment FISCAL YEAR (FY) 2019 ANNUAL PLAN (Please complete all yellow highlighted ?elds) (Insert Official Name of WA not that ofan individual} hereafter referred to as the ?state agency,? has prepared the following plan and statement of assurances for delivering services during FY 2019 (October I, 2018 through September 30, 2019) to support the administration of foreign labor certi?cation programs in accordance with all applicable regulations, policies, procedures, handbooks, manuals, and other directives. A. Foreign Labor Certi?cation Workload Category of OFLC Program Total FY 2018 FY 2019 FY 2019 Estimated FY 2019 Workload Workload Workload Workload?) Actual per ETA 9127 add previous 2 Completed Projected Report columns.- Services/Activities Number of H-2A agricultural clearance job orders processed and projected to be processed. Number of H-2A prevailing wage surveys conducted and projected to be conducted. Number of H-2A prevailing practice surveys conducted and projected to be conducted. Number of H-2A housing inspections conducted and projected to be conducted.(2) Number of H-2A range housing inspections conducted and projected to be conducted, as required by 20 CFR 655.230 (if applicable). Number of H-ZB job orders processed and projected to be processed. Number of job offers maintained on website (Only applicable for CNMI) H. Number of Full Time Equivalent (FTE) staff funded by this grant. Workload includes completed OFLC program services/activities provided and services/activities planned for the period between October 1, 2018 and September 30, 2019. For completion of this chart, WAs should refer to data from WA job order systems and orm ETA 9127 submissions. (2) Data providr'dfor reporting items should exclude range housing units inspected under 20 CFR 655 .23 0, 1 (3) Herder Rule for the Temporary Employment Foreign Workers in the Herdiu or Production of Livestock on the Range in the United States Workload includes the tracking labor exchange website recruitment reports uploaded by employers in accordance with the governing provision of the CNMI Interim Final Rule, codi?ed at 20 CFR 655. 442 H-ZB Temporary Nonagricultural Program Activities Section 214(c)(1) of the Immigration and Nationality Act, 8 U.S.C. 184(c)(1) requires the Secretary of Homeland Security to consult with ?appropriate agencies of the government? before authorizing the classi?cation of aliens as H-ZB workers. Under Department of Homeland Security (DHS) regulations at 8 CFR an H-ZB petition for temporary employment must be accompanied by an approved temporary labor certi?cation from the Department of Labor (DOL), which serves as advice to DHS regarding whether a quali?ed U.S. worker is available to ?ll the petitioning H-ZB employer?sjob opportunity and whether a foreign worker?s employment in the job opportunity will adversely affect the wages or working conditions of similarly employed US workers. In accordance with regulations at 20 CF Subpart A, the state agency agrees to carry out all state activities to support review and processing of job orders and applications seeking temporary labor certi?cation under the H-2B program. Speci?cally, the state agency agrees to carry out the following state activities: Stakeholder Education and Outreach: Make available in a conspicuous location on the state agency website information on how employers can participate in the H-ZB program, such as easy-to?understand instructions on how to prepare and submit a job order; a copy of the state agency job order form that is accessible and can be completed electronically; and current contact information within the state agency for employers to request technical No less frequently than once a year, the state agency will electronically disseminate to employers who routinely use the H-ZB program helpful tips or best practices on preparing high quality job orders, information on any state-speci?c requirements impacting the material terms or conditions of employer job orders, and the most current version of the state agency?s job order form and instructions. Where requested and funds permitting, the state agency will participate in local or state employer roundtables, conferences or other stakeholder forums to present andlor disseminate information related to the H-2B program. Placement of H-ZB Job Orders: In accordance with funds appropriated under the Wagner- Peyser Act (29 U.S.C. 49 et seq.), the state agency 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 state agency labor exchange system, which is referred to as [insert Labor Exchange System name herel, is accessible to employers required to place a job order in connection with a concurrently ?led Application for emporary Employment Certi?cation with DOL, pursuant to 20 CFR 655.16. The state agency has a capability for employers to place job orders for review in the following manner: Please check all that apply: Self-services by accessing the state agency?s labor exchange system: {Insert state labor exchange system website link here! Staff-assisted job order services by submitting a draft job order at: [Insert state agency contact information including email address where employers can submit H-ZB fob orders[ Please check one of the following: The state agency?s job order form andlor system DOES contain an entry ?eld or option permitting employers to identify that the job order is being placed in connection with a concurrently submitted Application/or Teniporaiy Employment Certi?cation for H-2B workers; The state agency?s job order form andlor system DOES NOT contain an entry ?eld or option permitting employers to identify that the job order is being placed in connection with a concurrently submitted Application for Temporary Employment Certi?cation for H-ZB workers. Therefore, employers can provide the noti?cation required by regulation to the state agency in the following manner: [Insert a brief description ofhow and to whom employers can provide the state agency with the required notificationl Please check all that apply: CI CI The state agency has submitted with this grant plan a current electronic copy of the form and general instructions employers are required to use to submit job orders. The standard job order form and general instructions are easily accessible to employers on a website maintained by the state agency at: [Insert state agency website link here[ 3. Processing of H-2B Job Orders: Upon receipt, the state agency will review the job order submitted by the employer for compliance with the regulatory criteria under 20 CFR 655.18', as well as any state-speci?c requirements. In circumstances where a waiver of the required time period for ?ling an Application for emporaty Labor Certification is granted under 20 CF 655.17 for emergency situations, the state agency will make every effort to review the proposed or draft job order, upon request by the DOL Certifying Of?cer. a. Compliance Review of Job Orders 0 The state agency will notify the DOL Certifying Of?cer (C0) of any de?ciencies within six business days ofthe date the employer?sjob order was received; 0 For each de?ciency identi?ed, the state agency will state the reason(s) why the job order fails to meet the criteria under 20 CFR 655.18; 0 For each de?ciency identi?ed related to a state-speci?c requirement, the state agency will provide the applicable statutory or regulatory citation(s) and state the modi?cation(s) needed for the DOL CO to issue a and In circumstances where a timely review of the job order by the state agency cannot be performed, the state agency understands that the DOL CO has the authority to issue a Notice of De?ciency (20 CFR 655.31) or Acceptance (20 CFR 655.33) within seven business days of receipt. b. Processing of Approved Job Orders 0 Upon receipt of a NOA under 20 CFR 655.33, the state agency will perform the following actions when instructed by the DOL CO: make, on behalf of the employer, any necessary modi?cations to the job order under 20 CFR 655.32 or amendments granted by the DOL CO under 20 CFR 655.35; place on its active ?le the job order approved by the DOL CO, as 1 The Department of Labor Appropriations Act, 2016, Division H, Title I of Public Law 1 14-113 (?201 6 DOL Appropriations Act provided that the DOL may not use any funds to enforce the de?nition of corresponding employment found in 20 CFR 655.5 or the threefourths guarantee rule definition found in 20 CFR 655.20, or any reference thereto. This appropriations rider has been included in the continuing resolutions that passed throughout FY 2 01 7 and FY 2018, the Department of Labor Appropriations Act, 2018, Division H, Title I of Public Law 1 15-141, as well as the Department of Labor Appropriations Act, 2019. Division B. Title I of Public Law 115-245. Therefore. 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-ZB employers, even though the DOL is currently prohibited from using funds to enforce them. well as job orders received from other State Workforce Agencies (SWAs) pursuant to 20 CFR 655. for intrastate clearance until the end of the recruitment period, as speci?ed by the DOL CO (Le, 21 days before the start date of work set forth in 20 CFR transmit a copy of the approved job order to other SWAs, as instructed by the DOL CO, with instructions that each SWA keep the approved job order on its active ?le until the end of the recruitment period; Where the DOL CO determines the employer?sjob opportunity covers an occupation or industry that is traditionally or customarily unionized, transmit a copy of the approved job order to the central of?ce of the State Federation of Labor and any of local union of?ce(s) representing employees in the same or substantially equivalent job classi?cation in the area(s) in which work will be performed under the approved job order; and To the extent practicable, the agency agrees to maintain an up-to-date listing of contacts associated with the central of?ce of the State Federation of Labor and of?ce(s) of local union(s) representing employees in occupations traditionally or customarily unionized. Referral of Quali?ed and Available U.S. Workers The state agency?s public labor exchange services has the capability. whether by self-service or staff-assisted services, to apprise prospective US. workers of all the material terms and conditions of the employer?sjob opportunity prior to referral, as required by 20 CFR 655.47; The state agency will use its public labor exchange services self-service job bank system andior one-stop career centers) to refer to the employer all quali?ed US. 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 certi?cation grants that are the subject of this Upon request by the DOL CO, the state agency will make available records of US. workers referred against an approved job order to assist the DOL CO in making a ?nal determination on the employer?s Application for Temporary Employment Certification, as speci?ed in 20 CFR 655.50; and For complaints against an employer about a speci?c H-2B job order to which US. workers were referred, the state agency agrees to utilize the existing complaint system for public labor exchange services established under 20 CF 658, Subpart E. Please note that these activities will be covered by existing Wagner?Peyser formula grants and not by the foreign labor certi?cation grants that are the subject of this TEGL. 4. Post-Determination Services: The state agency agrees to provide support services to the DOL CO after a ?nal determination is issued under 20 CF 655.50 in the following manner: 0 In accordance with 20 CFR 655.57 and upon request by the DOL CO, the state agency agrees to provide information conceming the availability of U.S. workers to replace some or all of the quali?ed U.S. workers who were initially deemed available in support of a partial certi?cation or denial determination on the employer?s Application for Temporary Employment ertt'?cation; In accordance with 29 CF 503.7, the state agency agrees to refer to the appropriate of?ce of the Wage Hour Division any complaint or report of a violation received by any person of the obligations imposed by 8 U.S.C. 1 184(0), 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 state agency agrees to cooperate 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. I 184(c), including investigations as described in 29 CF 503.25. C. H-2A Temporary Agricultural Program Activities Section 218(a)(1) of the INA, 8 U.S.C. 1188, authorizes the Secretary of Homeland Security to permit employers to import foreign workers to perform agricultural labor or services of a temporary or seasonal nature where the DOL certi?es that there are not suf?cient quali?ed U.S. workers available to ?ll 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 similarly employed U.S. workers. In accordance with DOL regulations at 20 CFR Subpart B, the state agency agrees to carry out all state activities to support review and processing of job orders and applications seeking temporary labor certi?cation under the program. Speci?cally, the state agency agrees to carry out the following activities: 1. Stakeholder Education and Outreach: Make available in a conspicuous location on the state agency website information on how employers can participate in the H-2A program, 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 current contact information within the state agency for employers to request technical assistance. No less frequently than once a year, the state agency will electronically disseminate to employers who routinely use the H-2A program helpful tips or best practices on preparing high quality job orders and, if applicable, information on any state-specific requirements current prevailing practices or normal and accepted requirements) impacting the material terms or conditions of employer job orders. Where requested and funds permitting, the state agency will participate in local or state employer roundtables, conferences or other stakeholder forums to present andror disseminate information related to the H-2A program. . Placement of H-ZA Job Orders: In accordance with funds appropriated under the Wagner-Peyser Act (29 U.S.C. 49 et seq.), the state agency 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 state agency?s labor exchange system is publicly accessible and possesses the capability for employers to submit the Form ETA-790 and all supporting documentation in connection with a future ?led H-2A Application for Temporary Employment Certification (Form ETA-9142A) with DOL, pursuant to 20 CFR 655.121. More speci?cally, the state agency requires that employers submit the Form ETA-790 for review in the following manner: [Insert state agency contact information includingr email address where employers can submit H-2A [ob ordersf . Processing of H-2A Job Orders: Upon receipt, the state agency will review the job 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 circumstances where a waiver of the required time period for ?ling an H-2A Application is granted under 20 CFR 655.134 for emergency situations, the state agency will make every effort to review the proposed or draft job order, upon request by the DOL CO. a. Compliance Review of Job Orders 0 The state agency will notify the employer of any de?ciencies within seven calendar days of the date the employer?sjob order was received; 0 In circumstances where de?ciencies are identi?ed, the state agency will provide written noti?cation 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 de?ciencies within ?ve calendar days after receipt of the state agency?s written noti?cation; 0 The state agency agrees to respond within three calendar days after receipt of the employer?s response; and In circumstances where a timely review of the job order cannot be performed, the state agency understands that the employer is permitted to use the emergency ?ling procedures for ?ling an H-2A application set forth in 20 CFR 655.134. b. Processing of Approved Job Orders 0 Upon determining the job order meets the regulatory criteria, whether by the state agency or the DOL CO in the NOA under 20 CFR 655.143, the state agency will (1) provide written noti?cation (preferably using email) to the employer and. if applicable, the employer?s authorized representative and include the state agency?s Job Order Number (if available), and (2) place the approved job order in intrastate clearance and commence recruitment of US. workers; 0 The state agency agrees to keep the approved job order on its active ?le until the end of the recruitment period 50 percent of the period of employment), as set forth in 20 CFR - Where the approved job order includes worksites in an area of intended employment that falls within the jurisdiction of more than one SWA, the state agency agrees to forward a copy of the approved job order to other SWAs serving the area of intended employment with instructions to place a copy of the approved job order on its active ?le until the end of the recruitment period; and 0 Upon receipt of a NOA under 20 CFR 655.143, the state agency will perform the following actions when instructed by the DOL CO: In the case of emergency situations, place on its active ?le the job order approved by the DOL CO, as well as job orders received from other SWAs, for intrastate clearance until the end of the recruitment period, as set forth in 20 CFR and transmit a copy of the approved job order to other SWAS, as instructed by the DOL CO, with instructions that each SWA keep the approved job order on its active ?le under the end of the recruitment period. c. Referral of Quali?ed and Available U.S. Workers 0 The state agency?s public labor exchange services has the capability to apprise prospective US. workers of all the material terms and conditions of the employer?s job opportunity prior to referral. as required by 20 CFR 655.155; 0 The state agency will use its public labor exchange services one-stop career center system) to refer to the employer all quali?ed US. workers who apply for the job opportunity or on whose behalf a job application is made. Please note that these activities are covered by existing Wagner-Peyser formula grants and not by the foreign labor certi?cation grants that are the subject of this and 0 Upon request by the DOL CO, the state agency will make available records of US. workers referred against an approved job order to assist the DOL CO in making a ?nal determination on the employer?s Application for Temporary Employment Certification, as specified in 20 CFR 655.160. 4. Conducting Prevailing Wage Surveys: This section of the grant plan identi?es the schedule of the agricultural prevailing wage surveys (including logging activities) the state agency plans to conduct during the performance period of the grant, including anticipated survey timeframes by area statewide, regional), crops or other agricultural activitiesicommodities, survey means ?eld survey, telephone survey) approximately when wage results are expected to be transmitted to the OFLC National Of?ce (via the Forms ETA-232) for review. 0 To the extent practicable, the state agency has prioritized its limited resources on conducting wage surveys in the major crops or other agricultural activitiesicommodities where seasonal H-2A workers are regularly employed and, where practicable, at a broader wage reporting area statewide) that will yield statistically valid wage ?ndings from year to year, particularly those agricultural activities paying workers on a piece rate basis; 0 In circumstances where substantial dissimilarities in crop or related conditions exists in different parts of the state, the state agency may use sub-state reporting areas for conducting prevailing wage surveys; and The state agency agrees to submit all completed and signed Form prevailing wage survey ?ndings to the DOL OF LC National Of?ce in accordance with instructions contained in this TEGL. WA schedule ofwage surveys inserted here and, ifnecessm'y, include attachments] Survey Survey Areas Cropsr?Agricultural Survey Means Survey Timeframes Commodities ?eld Transmission statewide, survey, Timeframe to regional) telephone) OFLC 5. Conducting Prevailing Practice and Normal/Accepted Requirements Surveys: This section of the grant plan identi?es the schedule of the agricultural prevailing practice and normal and accepted requirement surveys (including logging activities) the state agency plans to conduct during the performance period of the grant in accordance with ETA Handbook No. 398, including anticipated survey timeframes by area statewide, regional) and crops or other agricultural activitieslcommodities, approximately when employment practice results are expected to be transmitted to the OFLC CNPC for review. The state agency agrees to submit all completed prevailing practice and normal and accepted requirement surveys to the CNPC in accordance with instructions contained in this TEGL. WA schedule of employment practice surveys inserted here and, ifnecessaiy, include attachments] If this is the same as provided above, please indicate "Same survey schedule without completing this table. Survey Survey Areas Crops/Agricultural Survey Means Survey Timeframes Commodities ?eld Transmission statewide, survey, Timeframe to regional) telephone) OF LC 1 6. Scheduling and Conducting Housing Inspections: Employer-Provided Housing. In accordance with 20 CFR the state agency agrees to schedule and conduct pre-occupancy inspections of housing to be furnished to US. and H-ZA workers 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 (OSHA) 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. Requests by employers whose housing does not meet the applicable standards for conditional access to the interstate clearance system will be processed under the procedures set forth at 20 CFR 654.402. Special requirements for range housing are provided below. Rental andfor Public Accommodations. CI The state agency DOES NOT have jurisdiction to inspect rental and/or public accommodation housing. The state agency DOES have jurisdiction under a state or local lawlregulation to perform an inspection of rental andior public accommodation housing. [Insert citation ofstate or local law/regulation and the criteria under which the inspections of rental or public housing' will be performed! Range Housing. If applicable, state agency agrees to schedule and conduct inspections of range housing and certify that such housing used on the range is suf?cient to accommodate the number of certi?ed workers and meets the requirements under 20 CFR 655.230 and all applicable standards contained in 20 CFR 655.235; The state agency agrees to develop and maintain a plan to schedule housing inspections prior to ?ling of job order for employers who regularly use the H-ZA program and, to the extent practicable, actively encourage employers to have housing ready for inspection at time of ?ling job order or earlier; The state agency agrees to conduct housing inspections in accordance with applicable local, state or Federal standards and provide noti?cation to the employer of any de?ciencies, request correction in ?ve calendar days, and re-inspect to determine compliance; The state agency agrees to provide a copy of the approved housing inspection or other of?cial certification document to the employer and, if applicable, to the employer?s authorized representative; 12 0 Except in circumstances where the DOL has a special procedure or as permitted by 20 CF 655.234, the state agency agrees to schedule and complete the required housing inspection and submit noti?cation 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; and The state agency agrees to notify the CNPC of any changes in employer? provided housing and the results of any inspections conducted on substitute housing. 0 Alternative Housing Inspection Methods or Arrangements. The state agency DOES NOT use alternative methods or arrangements for conducting pre-occupancy housing inspections. The state agency is solely responsible for scheduling and conducting pre-occupancy housing inspections. I: The state agency DOES use alternative methods, memoranda of understanding, or other contractual arrangements with the following agency(ies)iorganization(s) to assist in conducting pre-occupancy housing inspections: [Insert name ofstate or local housing authority or other entity assisting the WA in conducting housing inspections? The state agency 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. 7. Post-Determination Services: The state agency agrees to provide support services to the DOL CO after a final determination in the following circumstances: 0 In accordance with 20 CFR 655.166 and upon request by the DOL CO, the state agency agrees to provide information concerning the availability of US. workers to replace some or all of the quali?ed US. workers who were initially deemed available in support of a partial certi?cation or denial determination on the employer?s H-2A Application; 0 The state agency agrees to cooperate and make available all appropriate records and information upon request from any Federal of?cials assigned to perform an investigation, inspection, or law enforcement function pursuant to 8 U.S.C. 1188 and the H-ZA regulations as described in 29 CFR 501.7; For complaints arising under the H-ZA regulations, the state agency agrees to utilize the existing Job Service 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 certi?cation grants that are the subject of this For complaints involving allegation of fraud or misrepresentation, the state agency agrees to refer all such complaints to the DOL CO at H2ASWA.Chicago@dol.mfor appropriate handling and resolution; For complaints involving contracts with workers, the state agency agrees to refer all such complaints to the nearest local or regional of?ce 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 HZASWAChicagogn'Jdol.gov; and For complaints alleging that an employer discouraged an 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 State agency agrees to refer all such complaints to the US. Department of Justice, Civil Rights Division, Immigrant and Employee Rights section in addition to any activity, investigation, andlor 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 0 The state agency?s labor 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 CF part 656, and facilitates the referral of quali?ed and available US. workers for consideration; and The state agency understands that these labor exchange services are already covered by existing Wagner-Peyser formula grants; not by the foreign labor certi?cation grants that are the subject of this TEGL. E. Grantee Contact Information H-ZA Program Point-of-Contact Last name First name Job title Address City State Postal code 1 4 Telephone number (including Fax number E-mail address H-ZB Program Point-of-Contact (if different than the contact listed above) Last name First name Job title Address City State Postal code Telephone number (including extension) Fax number E-mail address Fiscal Grant Point-of-Contact (if different than the contact listed above) Last name First name Job title Address City, State Postal code Telephone number (including extension) Fax number E-mail address 0MB 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 bene?t. (See Wagner-Peyser Act section 9 (29 49(0). 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 US. Department of 0 Of?ce of The Chief information Of?cer 0 Room 200 Constitution Ave . NW, I Washington, DC 20210 Attachment ANNUAL PLAN CERTIFICATION (Insert Official Name of WA not that oj'cm individual) certi?es that it will carry out all activities outlined in the Fiscal Year 2019 Annual Plan to support the Secretary of Labor's responsibilities under the Immigration and Nationality Act as well as all other standard certi?cations 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. Date Authorized Representative?s Signature Authorized Representative?s Job Title Authorized Representative?s Printed Name IV- 1 Attachment Procedures for Prior Approval of Equipment Purchase Requests Grant recipients 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 Of?cer. All requests must be submitted through the Federal Project Of?cer and contain the following information. at a minimum: 1. Item name; 2. Item description and basic speci?cations; 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 justi?cation 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 Of?cer?s decision. V-l Attachment Vl FY 2019 Actual Funding Levels $14,202,500 *The?mding amount below must be indicated on the SF -424 and SF - 24A for FY 2019 Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Guam Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska 122,000 76,145 160,587 87,591 1,500,000 241,500 250,000 65,000 470,000 480,000 60,000 60,000 400,000 300,000 76,143 215,000 1 10,010 300,000 255,000 265,000 433,424 786,042 300,000 130,000 165,000 150,558 278,81 1 100,000 VI- 1 Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Northern Mariana Islands Ohio Oklahoma Oregon Pucrto Rico Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virgin Islands Virginia Washington Washington DC West Virginia Wisconsin Wyoming 1 15,000 53,625 400,000 70,000 1,400,000 483,800 186,000 65,500 275,500 91,500 315,000 400,000 60,000 76,145 209,000 100,000 220,251 450,000 120,000 130,000 25,000 424,931 400,000 5,000 50,000 150,000 88,437 Attachment VII Amendment A: Commonwealth of the Northern Mariana Islands (CNMI) Program Fiscal Year (FY) 2019 Of?ce of Foreign Labor Certi?cation (OFLC) Grant Planning Guidance Temporary Employment Activities The Northern Mariana Islands U.S. Workforce Act of 2018 (Workforce Act) provides 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 establish the Commonwealth-Only Transitional Worker visa classi?cation to provide for an orderly transition from the CNMI permit system to the US. Federal immigration system for certain foreign nationals. In accordance with the Workforce Act, DHS will promulgate corresponding regulations to provide that a petition for temporary employment in the CNMI must be accompanied by an approved temporary labor certi?cation from the Department. A temporary labor certi?cation granted by the Department of Labor (DOL) serves as con?rmation to DHS that: (1) there are not suf?cient US. workers in the CNMI who are able, willing, quali?ed, and available to ?ll the petitioning employer?sjob opportunity; and (2) a foreign worker?s employment in the job opportunity will not adversely affect the wages or working conditions of similarly employed US. 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 quali?ed US. 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 to be codi?ed at 20 CFR Subpart (see CNMI Interim Final rule). the CNMI Department of Labor agrees to carry out all activities to support review and processing of job offers and applications seeking temporary labor certi?cation under the program. Speci?cally, the CNMI Department of Labor agrees to carry out the following activities: A. Stakeholder Education and Outreach: Make information on how employers can participate in the program available in a conspicuous location on the CNMI Department of Labor website, 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. VII- 1 No less frequently than once a year, the CNMI Department of Labor will electronically disseminate to employers who routinely use the 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 andlor disseminate information related to the program. B. Placement of Job Advertisement: The employer must place an advertisement with the CNMI Department of Labor for a period of 21 consecutive days. All advertisements must satisfy the requirements to be codi?ed in 20 CFR 655.441. (See CNMI Interim Final Rule.) The CNMI Department of Labor?s labor exchange system. at is accessible to employers required to place a job advertisement in connection with a Application for Temporary Employment Certi?cation with DOL, pursuant to provisions in the CNMI Interim Final Rule to be codi?ed at 20 CFR 655.442. The CNMI Department of Labor has a 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: Staff-assisted job offer services by submitting a draft job offers at: [Insert CNMI contact information including email address where employers can submit W-I job offer] Please check one of the following: CI The CNMI Department of Labor'sjob offer form andlor system DOES contain an entry ?eld or option permitting employers to identify that the job offer is being placed in connection with a submitted Application for Temporary Employment Certi?cation for workers; The CNMI Department of Labor?sjob offer form andfor system DOES NOT contain an entry ?eld or option permitting employers to identify that the job offer is being placed in connection with a submitted Application for Temporary Employment Certi?cation for workers. Therefore, employers can provide the regulatory required noti?cation to the CNMI Department of Labor in the following manner: VII-2 [Insert a briefdescr?rtion of how and to whom employers can provide the CNMI Department of Labor with the required noti?cation! 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 website maintained by the CNMI Department of Labor at: Once employers place an advertisement with the CNMI Department of Labor for 21 consecutive 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 veri?able evidence containing the text of the advertisement and the dates of publication demonstrating compliance with the requirement. OMB Paperwork Reduction Act (0MB Control Number 1225-0086) Persons are not required to respond to this collection ofinl'onnation 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 bene?t. (See 20 CFR 655, Subpart E. Public reporting burden for this collection ol?information is estimated to average approximately 1 hour per response. including the time for reviewing instructions. searching existing data sources. gathering and maintaining the data needed, and completing and reviewmg the collection of information. Send comments regarding this burden estimate to the US Department of 0 Of?ce of The Officer 0 Room 301 I 200 Constitution Ave . NW. 0 Washington. DC 20210 VII-3