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TEGL 7-04: ETA Publishes Guidance on Issues Related to Use of Real Property by State Workforce Agencies and One-Stop System
The Employment and Training Administration has issued Training and Employment Guidance Letter 7-04 (Issues Related to Real Property Used for ETA Program Purposes).
This TEGL provides guidance relating to the use of use of State Workforce Agency (SWA) buildings for One-Stop purposes, the effect of such use on pre-existing amortization arrangements, and other matters concerning use of real property by SW As and the Workforce Investment Act (WIA) One-Stop system.
The TEGL states:
"ETA grantees and subgrantees must take appropriate action consistent with this TEGL. SWAs must immediately examine their real property procedures, amortization arrangements, and charges to ETA grants for premises costs involving the use of W-P, UI, and Reed Act funds. States must update their SWA real property records to reflect current accurate information on the costs of land, buildings, improvements and interest as well as the fund sources used for acquisition. States must also update, as necessary, the amortization schedule. To the extent these procedures, arrangements, or charges are inconsistent with policies stated in this TEGL, they must be brought into compliance not later than December 31, 2004."
The TEGL provides authorities, references and background for the guidance. It specifically addresses:
- Allowable Premises Costs for One-Stop Buildings
- SWA Amortization Arrangements Prior to the Workforce Investment Act
- Grantor and Grantor Ownership Interests in State-Owned Real Property Acquired with Federal Grant Funds
The TEGL also addresses issues covered by reviews by the Office of Inspector General:
- One-Stop Partners'' Occupancy of Space under Existing SWA Amortization Arrangements
- Occupancy of SWA Building Space by Partner Programs
- Use of Proceeds from Sale or Other Disposition of Property in which there is W-P or UI equity.
The TEGL also discusses issues not covered under reviews by the Office of Inspector General:
- WIA-funded Repairs, Renovations, Alterations and Capital Improvements to Property
- Prior Approval of Capital Expenditures for Real Property
- Improvements to Leaseholds
- Phase-out of Amortization Arrangements
Attachment I provides a glossary of terms and acronyms; Attachment II recapitulates WIA Section 667.260 ("May WIA Title I funds be spent for construction?")
Leadership Conference Focuses on Partnerships and Mentoring; Features Workforce Development and Financial Literacy Tools for Women -- GEM-SET, GEM-Nursing, Flex Options, and Wi$e Up
The U.S. Department of Labor's Women's Bureau, in partnership with WE Inc., hosted the National Women's Leadership Summit this week where about 350 women leaders and mentors from around the nation met here to discuss the benefits of partnerships and mentoring in building pathways to success for America's working women.
"Women continue to be the driving force behind the economy, and the Labor Department is pleased to work with our partners nationwide to help transform the goals of 'Better Jobs, Better Earnings, and Better Living' into a reality," said Women's Bureau Director Shinae Chun. "This conference presents a wonderful opportunity to share information about how to make our valuable programs even better and help women realize their dreams."
Attendees discussed the successes and the lessons learned from a number of Women's Bureau initiatives they have participated in, including:
For further information about Women's Bureau program and initiatives.
ETA Announces A-76 Study for Accounting Services
The Government intends to award a service provider agreement to assist the Department of Labor (DOL), Employment and Training Administration (ETA), Office of Financial and Administrative Services (OFAS) in the performance of general Federal accounting, financial and program operations.
The draft Performance of Work Statement and Technical Exhibits are now available on the agency's Requests for Proposals (RFP) 2004 Web page.
Community Development: HUD Announces FY 2004 Capacity-Building Funding Availability for YouthBuild USA
Founded in 1990, YouthBuild USA is a national nonprofit organization that supports a nationwide network of 200 local YouthBuild programs. In YouthBuild programs, unemployed and undereducated young people ages 16-24 work toward their GED or high school diploma while learning construction skills by building affordable housing for homeless and low-income people. Strong emphasis is placed on leadership development, community service and the creation of a positive mini-community of adults and youth committed to success.
HUD has announced FY 2004 funding for capacity building for community
evelopment and affordable housing. HUD specifies the Enterprise Foundation
(Enterprise), Local Initiatives Support Corporation (LISC), Habitat for Humanity,
and YouthBuild USA are eligible applicants.
A total of $36,533,175 is available to be allocated, with Enterprise and LISC
each receiving $14,911,500, Habitat for Humanity receiving $4,721,975, and
YouthBuild USA receiving $1,988,200.
Eligible activities under this award include:
Loans, grants, development assistance, predevelopment assistance, and other financial assistance to CDCs/CHDOs to carry out community development and affordable housing activities that benefit low-income families and persons, including the acquisition, construction, or rehabilitation of housing for low-income families and persons, and community and economic development activities that create jobs for low-income persons.
The eligible applicants are Enterprise, LISC, Habitat for Humanity, and YouthBuild USA.
The October 20 FEDERAL REGISTER provides full background on HUD'''s announcement, and furnishes the application requirements and submission timetables.
Also see:
Construction Industry Brochure
Skills to Build America's Future Initiative
Community Colleges and Technical Schools: GAO Releases Report on the Use of Credit and Noncredit Programs for Workforce Development
The Government Accountability Office (GAO) has issued a new report -- "Public Community Colleges and Technical Schools: Most Schools Use Both Credit and Noncredit Programs for Workforce Development."
The Congress had asked GAO to examine:
- the extent to which community colleges and technical schools are involved in remedial education and workforce training efforts as well
as academic preparation activities;
- how state and federal funding
support these academic and training efforts; and
- what is known about efforts by the schools to measure outcomes, including the rates at which students graduate, transfer to 4-year institutions, pass
occupational licensing exams, and gain employment.
The scope of the GAO review included a Web-based survey of 1,070 public
community colleges and technical schools, 758 (71 percent) of which
completed the survey.
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GovBenefits Web Site Now Features 712 Federal and State-Administered Benefit Programs
The Govbenefits.gov Web site currently features a total of 712 federal and state-administered benefit programs for seniors, students, children, prospective homeowners, entrepreneurs, caregivers, veterans, retirees, people with disabilities, farmers, ranchers and many more.
GovBenefits.gov reached this milestone by recenlty adding 194 new state-administered benefit programs to the site, including Medicaid, Temporary Assistance for Needy Families, Low Income Home Energy Assistance and State Children''s Health Insurance. Over the coming months, GovBenefits.gov will continue adding more state programs, such as Head Start; Home Energy Assistance (Weatherization); Special Milk; Summer Food; Women, Infants and Children; and School Breakfast and Lunch Programs.
October 18 News Release
October 20 is Disability Mentoring Day; Secretary Chao to Keynote Annual Event
U.S. Secretary of Labor Elaine L. Chao will officially kick off the 6th annual Disability Mentoring Day by delivering the keynote address at the department?s ceremony on Wednesday, October 20.
Disability Mentoring Day brings young people with disabilities together with employers from the public, private, federal, non-profit, and educational sectors for a day of job shadowing and hands-on career exploration. In a collaborative partnership with the American Association of People with Disabilities, Disability Mentoring Day is held during National Disability Employment Awareness Month. Secretary Chao selected "You're Hired! Success Knows No Limitations!" as the official theme for 2004 to focus on the full inclusion of people with disabilities into the 21st Century workforce.
This year?s ceremony, will be held in the department's Great Hall at 9:30 a.m., will also include remarks from Dr. Roy Grizzard, Assistant Secretary of Labor for the Office of Disability Employment Policy (ODEP) and Ms. Carrie Griffin Basas, a 2002 Harvard Law School graduate with a disability.
The Disability Mentoring Day press release notes:
As part of DMD job shadowing activities occurring throughout the country on October 20, extensive DMD activities will happen in both Washington, DC and New York City:
In Washington, DC, 170 students and job seekers with disabilities, from 40 area schools and agencies, will be afforded the highly-unique opportunity to job shadow mentors at almost 30 federal agencies throughout the city. This is in addition to the job shadowing opportunities students with disabilities will have at area corporations.
DMD2004 will be officially launched from New York City, through a partnership with the New York City Mayor's Office for People with Disabilities (MOPD). More than 250 young people and job seekers with disabilities will be participating as mentees throughout the city.
Office of Disability Employment Policy Web Page
ETA Releases Three New "Occasional Papers"
The Employment and Training Administration has recently announced the release of three "Occasional Papers" through the issuance of respective Training Employment Notices (TENs).
Agenda and Courses Set for ETA Grants Financial Management Training in Chicago; State and Local WIBS Encouraged to Share Attendance Opportunity with Staff; No Registration Fee Required for November 14 - 19 Sessions
The Employment and Training Administration's Office of Grants and Contract Management is pleased to announce an in-depth training opportunity for financial and administrative professionals.
During the week of November 15th in Chicago, Illinois, financial managers will learn the financial and administrative principles and practices that pertain to the One-Stop system and all other ETA-funded grant programs.
On November 16th, the training team will focus on partners in the One-Stop system. The team will discuss the identification of shared costs, shared cost budgets, cost allocation within the One-Stop system, and resource sharing. ETA would like to invite all recipients of partner programs, including recipients of funding from other federal agencies such as the Department of Education and the Department of Housing and Urban Development, to attend this session. On November 17th and 18th, the training team will focus solely on ETA funded grant programs.
This training is designed for workforce system professionals with day-to-day responsibilities for financial or accounting operations. Non-financial staff are welcome to attend; however, they may find some of the sessions overly technical if they have limited exposure to financial management issues. State and local WIBs are encouraged to forward this notice to pertinent staff.
While there is no registration fee for this training, participants are responsible for their own travel arrangements.
Registration information, logistical details, and topical agenda
Department Celebrates Second Year Anniversary of www.DisabilityInfo.gov; GAO Issues New Report on TANF and SSI Collaboration
Second Year Anniversary for DisabilityInfo.gov
U.S. Secretary of Labor Elaine L. Chao today hailed the 2nd anniversary of DisabilityInfo.gov -- a comprehensive web site with one-stop access to governmental disability information -- as an example of President George W. Bush'''s deep commitment to making government easily accessible to all Americans.
Since its October 16, 2002, launch, DisabilityInfo.gov has averaged almost 5,800 visitors per day, with the most popular content topics accessed including education, employment, health, housing, income, technology and transportation. Each visit averages almost 11 minutes in duration, according to site statistics, and visitors have come from as far away as the United Kingdom, Canada, Australia, Korea, Germany and China. In all, the site has achieved over 45 million "hits" over two years of operation.
October 15 News Release
GAO Report on TANF and SSI
The Government Accountability Office today has released a new report -- TANF and SSI: Opportunities Exist to Help People with Impairments Become More Self-Sufficient.
The summary:
"The nation's social welfare system has been transformed into a system emphasizing work and personal responsibility, primarily through the creation of the Temporary Assistance for Needy Families (TANF) block grant. The Supplemental Security Income (SSI) program has expanded policies to help recipients improve self-sufficiency. Given that SSA data indicate an overlap in the populations served by TANF and SSI, and the changes in both programs, this GAO report examines (1) the extent that TANF recipients with impairments are encouraged to apply for SSI and what is known about how SSI caseload growth has been affected by such TANF cases, (2) the extent that work requirements are imposed on TANF recipients applying for SSI, and the range of services provided to such recipients, and (3) the extent that interactions exist between the SSI and TANF programs to assist individuals capable of working to obtain employment.
GAO recommends that SSA, in a new demonstration project, work with TANF officials to identify recipients with impairments capable of working and coordinate services to help them improve self sufficiency. GAO also recommends that HHS use its Web site as a clearinghouse for information
regarding opportunities for TANF agencies to work with SSA. Both SSA and HHS generally agreed with our recommendations."
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HRSA Previews FY 2005 Competitive Grant Offerings; Several Reflect Workforce Development Emphasis in Health Care
The Health Resources and Services Administration (HRSA) has announced
the availability of funds in the Fiscal Year 2005 HRSA Preview.
The purpose of the HRSA Preview is to provide the
general public with a single source of program and application
information related to the agency'''s competitive grant offerings. The
HRSA Preview is designed to replace the multiple FEDERAL REGISTER
notices that traditionally advertised the availability of HRSA's
discretionary funds for its various programs.
"Printer-friendly" copy of the Preview
Please note that a number of the competitive grant offerings specifically mention workforce development of health care practitioners in both urban and rural areas. Among them:
Nursing Workforce Diversity (NWDP)
Nurse Education, Practice and Retention
Nursing Education Loan Repayment
Nursing Scholarship Program
Continuing Education and Development/Distance Learning (CED
State Primary Care Offices
Public Health Training Centers
Quentin N. Burdick Program for Rural Interdisciplinary Training
Also see:
Health Care
Local Solutions with National Applications to Address Health Care Industry Labor Shortages
Unemployment Insurance: ETA Seeks Extension of Interstate Arrangement for Combining Employment and Wages
Section 3304(a)(9)(B), of the Internal Revenue Code (IRC) of 1986,
requires states to participate in an arrangement for combining
employment and wages covered under the different state laws for the
purpose of determining unemployed workers'' entitlement to unemployment
compensation. The Interstate Arrangement for Combining Employment and
Wages for combined wage claims (CWC), promulgated at 20 CFR part 616,
requires the prompt transfer of all available employment and wages
between states upon request. The Benefit Payment Promptness Standard,
20 CFR 640, requires the prompt payment of unemployment compensation
including benefits paid under the CWC arrangement. The ETA 586 report
provides the Employment and Training Administration's Office of Workforce Security with information necessary to measure the scope and effect of the CWC program and monitor the performance of each state in responding to wage transfer requests and the payment of benefits.
ETA is seeking an "extension without change" of Interstate Arrangement for Combining Employment and Wages (OMB Number: 1205-0029).
Comments are due by December 13.
The October 14 FEDERAL REGISTER provides full background and desired focus for comments with the appropriate contact information.
LMI Forum Set for October 25 – 27 in Portland, Oregon
The LMI Forum is a national conference that brings together labor marketing information professionals and work force development staff to share ideas and learn more about workforce information.
The 2004 Forum will be held in Portland, Oregon on October 25 ? 27. The Forum is sponsored by the LMI Training Institute and co-hosted by the Oregon Employment Department and the Washington Employment Security Department.
Forum agenda, workshops, registration information
Also see:
The Employment and Training Administration's Report on Labor Market and Workforce Information Sources to Assist Employment, Economic Development, Education and Workforce Investment Planning and Decision Making
ETA Publishes Trade, ATAA and NAFTA-TAA Guidance in October 13 FEDERAL REGISTER
The Employment and Training Administration (ETA) interprets federal law
requirements pertaining to legislation. Through publication in the October 13 FEDERAL REGISTER, the agency informs the public of various Training and Employment Guidance Letters (TEGLs) and General Administration Letters (GALs) issued to the State Workforce Agencies.
Trade Adjustment Assistance Program
TEGL 11-02, Change 1 advises states of the federal law requirements
applicable to implementing reforms of the Trade Adjustment Assistance
(TAA) program enacted by the TAA Reform Act of 2002.
Pending the issuance of regulations implementing the provisions of
the TAA Reform Act of 2002, the operating instructions in TEGL 11-02
and TEGL 11-02, Change 1 constitute the controlling guidance for the
states and the cooperating SWAs in implementing and administering the
Trade Act of 1974, as amended, pursuant to the agreements between the
states and the Secretary of Labor under Section 239 of the Trade Act of
1974, as amended.
Changes to the TAA program operating instructions in TEGL 11-02,
Change 1 focus on further explanation of requirements relating to
eligibility deadlines and to the issuance of training waivers, and
supplement the guidance issued in TEGL 11-02.
Various Alternative Trade Adjustment Assistance (ATAA)
TEGL 2-03 advises states of the federal law requirements
applicable to implementing the Alternative Trade Adjustment Assistance
(ATAA) program enacted by the TAA Reform Act of 2002.
North American Free Trade Agreement --
Transitional Adjustment Assistance Program
Several GALs were inadvertently omitted from publication in the FEDERAL REGISTER by a previous Administration. These were GAL 7-94, Change 1, Change 2, and Change 3 to amend operating instructions issued in GAL 7-94 that address applicant processing procedures for workers certified as eligible to apply for benefits under both subchapters A (the regular TAA program), and D (the NAFTA-TAA program), of Chapter II, Title II of the Trade Act of 1974, as amended.
Note:
All ETA-issued advisories and announcements may be found in the Library.
Department of Education Seeks Comments on Revisions to Consolidated Annual Performance Report for Vocational Technical Education
The information contained in the Consolidated Annual Performance Report for Vocational Technical Education is required to monitor State performance of the activities and services funded under the Carl D. Perkins Vocational and Technical Education Act of 1998. The respondents include eligible agencies in 54 States and insular areas. The Department of Education has proposed a revision to clarify instructions and definitions and eliminate the collection of some data elements.
For a copy of the information collection request.
Comments are due by December 13.
The October 12 FEDERAL REGISTER provides additional background and contact information.
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Commerce Department Notes Passage of the Economic Development Reauthorization Act
U.S. Commerce Secretary Donald L. Evans announced on October 7 that Congress approved legislation reauthorizing the Economic Development Administration (EDA) for another five years. EDA's prior reauthorization was passed by Congress in 1998, and expired on September 30, 2003.
October 7 News Release with Bill Highlights
ETA Publishes Report on Labor Market and Workforce Information Sources to Assist Employment, Economic Development, Education and Workforce Investment Planning and Decision Making
The shift in the workforce investment system to become more demand-driven requires that programs have more and better workforce information. For example, a sharper focus on state and local economic and labor market dynamics, high-growth industries, and emerging skill requirements, and an understanding of employer needs are essential to prepare and connect workers for current and future jobs. The foundation for this sharper focus must be a system of labor market and workforce information that better informs decisions for all those engaged in the workforce investment and One-Stop delivery system.
The Employment and Training Administration (ETA) has recently published an "Environmental Scan" which identifies some of the most common and widely consulted sources and types of labor market and workforce information from public, private and research institution providers. This published document also identifies an array of Internet-based delivery systems to illustrate examples of improved and innovative access to workforce information to inform decision-making.
Links to the transmittal and full report are also now available through agency Webpages dedicated to labor market and workforce information -- America''s Labor Market Information Services, ALMIS Community, and Labor Market and Workforce Information Sources
Labor Beacon -- Publication Highlights Issues of Interest to Minority Communities
The Labor Beacon is a monthly publication of the Department of Labor which highlights issues of interest to minority communties.
ETA Report: What Can We Expect Under Personal Reemployment Accounts? Predictions and Procedures
On January 7, 2003, President Bush unveiled his economic stimulus plan, which included the proposed establishment of Personal Reemployment Accounts (PRAs). The goal of PRAs is to provide unemployed workers who are likely to exhaust their unemployment insurance (UI) benefits with additional assistance and incentives to help them get back to work sooner.
Under guidance from the Employment and Training Administration (ETA), a recent paper prepared by Mathematica Research drew on research from a variety of sources to address issues related to implementation of the proposed PRAs. Sources included the UI reemployment bonus demonstrations, research on Worker Profiling and Reemployment Services (WPRS) systems, the ongoing Individual Training Account (ITA) Experiment, and more general studies of UI recipients and unemployed workers. The authors addressed three broad questions about PRAs:
- What are the likely impacts of the reemployment bonus feature of the PRAs on the
recipients?
- How could states and local areas set the amount and decide who would receive an
offer?
- What procedures could local areas use to offer the PRAs and manage and monitor the
use of the accounts?
The objective of this report -- What Can We Expect Under Personal Reemployment Accounts? Predictions and Procedures -- was to provide the agency, states, and local areas with guidance on options and important considerations in implementing the provisions of the PRA plan.
While the issuance of this document was originally highlighted under a May 25 What's New item, the continuing availability of the report is once again emphasized with the recent release of Training and Employment Guidance Letter 5-04 " Planning Guidance for Reemployment Services Allotments for Program Year (PY) 2004 and Announcement of an Impending Personal Reemployment Accounts (PRAs) Demonstration."
USDA Announces Distance Learning Grants; NTIA Announces FY 2004 Technology Opportunities Program Grants with Many Classified as "Economic Development, Jobs and Workforce Training"
Distance Learning Grants
The Department of Agriculture today announced the selection of Distance Learning and Telemedicine (DLT) grants totaling more than $24.6 million, providing greater educational opportunities and medical service to rural residents in 45 states and two U.S. territories. In total, 40 distance education grants for $17.1 million, and 22 telemedicine grants for more than $7.5 million were selected for funding.
List of grantees
Technology Opportunities Program (TOP) Awards
The U.S. Department of Commerce''s National Telecommunications and Information Administration (NTIA) has recently announced $14.4 million in Technology Opportunities Program (TOP grants to 27 organizations in 22 states and the District of Columbia. This highly competitive grant program received 494 applications for the fiscal year 2004 grant round, requesting $277.1 million.
This year's grantees represent a variety of nonprofit organizations and public institutions, including hospitals, K-12 schools, libraries, universities, public safety agencies, community technology providers, and city and county governments. The innovative projects demonstrate an array of cutting-edge broadband technologies and advanced computing applications to expand economic opportunity, broaden health care delivery, and enhance public services. Through robust partnerships with the private sector and state and local organizations, grantees have leveraged federal funds with commitments in non-federal matching funds totaling $16.9 million.
NTIA has classified a total of 11 of the 27 grants in the category of "Economic Development, Jobs, and Workforce Training."
Center for Urban Missions, Birmingham, Alabama
Community Development and Preservation Corporation, Washington, District of Columbia
Community Partners, Amherst, Massachusetts
DX-CEEDS, Inc., Newark, Delaware
Easter Seals, Chicago, Illinois
Greene County, Snow Hill, North Carolina
Lincoln Action Program, Lincoln, Nebraska
National Association for Equal Opportunity in Higher Education, Silver Spring, Maryland
Nonprofit Assistance Center, Seattle, Washington
Public Library of Charlotte and Mecklenburg County, Charlotte, North Carolina
Regents of the University of Minnesota, Minneapolis, Minnesota
List of 2004 grantees
List of 2004 applicants
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TEGL 6-04: FY 2005 State Base Allocation and Process for Request of Additional TAA Program Reserve Funds
The Employment and Training Administration has issued Training and Employment Guidance Letter 6-04 ("Fiscal Year (FY) 2005 State Base Allocations and the Process for Requesting Additional Trade Adjustment Assistance (TAA) Program Reserve Funds").
This TEGL provides states with the formula methodology used in developing the Fiscal Year (FY) 2005 base allocations and describes the process for requesting additional TAA program reserve funds for training, job search allowances, relocation allowances, and administration.
Department Seeks an Extension of Petition for Classifying Labor Surplus Areas
The Department of Labor issues an annual list of labor surplus areas (LSA) to be used by Federal and state entities in a number of actions such as
procurement and property transfer. The annual LSA list is updated
during the year based upon petitions submitted to the Department by State Workforce Agencies requesting additional areas for LSA certification.
The Department is seeking an extension of the currently approved information collection (Petition for Classifying Labor Surplus Areas).
To obtain documentation on this request, please contact Ira Mills on 202-693-4122 (this is not a toll-free number) or
E-Mail: mills.ira@dol.gov.
Comments should be sent by November 5 to Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL, Office of Management and
Budget, Room 10235, Washington, DC 20503 202-395-7316 (this is not a
toll-free number.
The October 5 FEDERAL REGISTER provides full background and describes the desired focus of comments.
Department Announces Grant to Address Chronic Homelessness among People with Disabilities
U.S. Labor Secretary Elaine L. Chao today awarded a $1.5 million technical assistance grant to the Corporation for Supportive Housing as part of a Bush Administration initiative to end chronic homelessness among persons with disabilities.
The grant will provide intensive employment-related technical assistance to the five September 2003 awardees of the department's "Ending Chronic Homelessness Through Employment and Housing" grants. Those 2003 awardees were Worksystems, Inc., Portland, Oregon; the Boston Private Industry Council, Boston, Massachusetts; the Private Industry Council, San Francisco, California; the Indianapolis Private Industry Council, Indianapolis, Indiana; and the Workforce Development Division of the Community Development Department, City of Los Angeles, California.
October 4 News Release
ETA Publishes Supplemental Guidance for Labor Certification Process for
Temporary Employment of Nonimmigrant Workers in the United States (H-2B
Workers) in FY 2005
On March 10, 2004, the United States Citizenship and
Immigration Services (CIS) announced receiving sufficient H-2B
petitions to reach the FY 2004 Congressionally mandated cap of 66,000.
In light of the announcement from CIS, the Employment and Training Administration (ETA) published a May 13 FEDERAL REGISTER notice to provide guidance to the public regarding ETA's processing of H-2B applications that will count against the FY 2005
cap. ETA has published a new notice in the October 1 FEDERAL REGISTER to provide additional guidance due to the number of inquiries and questions that have arisen. This notice is intended to minimize confusion and burden to employers who use the H-2B program. This notice becomes effective on October 1.
Background
ETA has continued to process alien labor
certification applications since March 10, 2004, and many employers are
in possession of a valid labor certification that has not been accepted
by CIS for processing. CIS has advised that their practice has been to
accept the H-2B labor certifications with periods of employment that
cross fiscal years so long as some portion of the employment period
remains. Employers with a valid H-2B labor certification with a date of
need prior to October 1, 2004, but that includes periods of planned
employment after October 1, 2004, are encouraged to file H-2B labor
certifications with CIS if some portion of the employment period
remains.
ETA will continue to process new H-2B applications with dates of need within FY 2005 (that is, starting October 1, 2004 or later). For these new applications, employers must continue to follow existing
filing rules, including regarding the timing of filing with the State
Workforce Agency (SWA). Thus, employers must file a new H-2B
application with the appropriate SWA no earlier than 120 days before
the date of need and at least 60 days before the date of need.
The procedures described in the Ocotber 1 notice relate only to H-2B
applications for nonimmigrant workers subject to the numerical
limitation (cap) for FY 2005 and who will be engaged in temporary work
to commence on or after October 1, 2004.
Questions may be directed to William Carlson, Chief, Division of
Foreign Labor Certification, U.S. Department of Labor, Room C-4312, 200
Constitution Avenue, NW., Washington, DC 20210. Telephone: 202-693-3010
(this is not a toll-free number).
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