Foreign Labor Certification Grant Planning Guidance for Fiscal Year (FY) 2025 through FY 2028 (Change 1)

The Foreign Labor Certification State Grants program is administered by the U.S. Department of Labor through the Employment and Training Administration’s Office of Foreign Labor Certification. This program supports State Workforce Agencies in carrying out federally mandated labor certification activities tied to employment-based immigration programs. The Office of Foreign Labor Certification operates under statutory authority from the Immigration and Nationality Act and related legislation, ensuring that the employment of foreign workers does not adversely impact wages and working conditions of U.S. workers. The program is structured as an annual allocation-based grant rather than a competitive discretionary opportunity, with funding distributed to states based on workload and prior performance. The primary purpose of the grant is to enable State Workforce Agencies to fulfill operational responsibilities associated with foreign labor certification programs, including H-2A, H-2B, and CW-1 visa categories. Funded activities include reviewing and processing job orders and clearance orders, assisting employers with recruitment of U.S. workers, conducting housing inspections for agricultural workers, performing wage and prevailing practice surveys, and carrying out compliance-related site visits. These functions are essential to maintaining program integrity and ensuring adherence to federal labor standards. Funding is allocated according to a structured formula that includes both a base allocation and a workload-based allocation. The base allocation reflects prior year funding levels and obligations, while the workload allocation is calculated using data from the previous three fiscal years, including housing inspections and job order processing volumes. In limited cases where states have minimal workload across multiple indicators, a reduced allocation is provided to maintain baseline operational capacity. The total appropriated funding for the fiscal cycle is distributed across all State Workforce Agencies, with individual allotments specified in the guidance. Eligible applicants for this funding are State Workforce Agencies, which are responsible for administering workforce programs at the state level. The program is not open to other entities such as nonprofits or private organizations. Applicants must submit a complete application package through the Grants.gov portal within 30 days of the issuance of the guidance. Required application materials include standard federal forms such as the SF-424 and SF-424A, along with a detailed budget narrative and, if applicable, an indirect cost rate agreement. A previously approved three-year strategic grant plan remains in effect and does not need to be resubmitted. The application process is administrative in nature, focusing on compliance with submission requirements rather than competitive evaluation. However, State Workforce Agencies must demonstrate alignment between requested funding and planned activities, as well as adherence to federal cost principles and reporting requirements. The grant period of performance spans multiple years, allowing agencies to carry out sustained program operations and maintain continuity in service delivery. The timeline for this funding cycle is anchored to the issuance date of the guidance, with applications due within 30 days. The period of performance for the funds extends from October 1, 2025, through September 30, 2028. The program operates on an annual cycle tied to federal appropriations, indicating that future funding opportunities are expected to recur. Questions regarding the grant must be directed to the Office of Foreign Labor Certification via the designated program email.