[Federal Register Volume 66, Number 72 (Friday, April 13, 2001)]
[Notices]
[Pages 19209-19223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8651]
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DEPARTMENT OF LABOR
Employment and Training Administration
H-1B Technical Skills Training Grant Program
AGENCY: Employment and Training Administration, Labor.
ACTION: Notice of procedures for grant applications for H-1B Technical
Skills Training Grants. All information required to submit a grant
application is contained in this notice.
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SUMMARY: The Employment and Training Administration (ETA), U.S.
Department of Labor (DOL), a partner in the America's Workforce
NetworkSM (AWN), announces the availability of grant funds
for skill training programs for unemployed and employed workers. These
grants are financed by a user fee paid by employers to bring foreign
workers into the U.S. under a new H-1B nonimmigrant visa. As part of
the H-1B nonimmigrant visa program, this skills training program was
authorized under the American Competitiveness and Workforce Improvement
Act of 1998 (ACWIA), as amended. The grants are a long term solution to
domestic skill shortages in high skill and high technology occupations.
Grant awards will be made only to the extent that funds are available.
Eligible applicants for these grants will be local Workforce
Investment Boards (Local Boards) established under section 117 of the
Workforce Investment Act (WIA) that will carry out such programs or
projects through One-Stop delivery systems established under section
121 of WIA, or regional consortia of Local Boards.
This notice describes the application submission requirements, the
process that eligible entities must use to apply for funds covered by
this solicitation, and how grantees will be selected. Approximately
$135 million is anticipated to be available for funding the projects
covered in this solicitation process.
[[Page 19210]]
DATES: The grant policies and procedures described in these guidelines
are effective immediately, and remain in effect until further notice.
Funds are available for obligation by the Secretary of Labor (the
Secretary) under 29 U.S.C. 2916. Applications for grant awards will be
accepted immediately upon publication of this notice in the Federal
Register. It is anticipated that review panels will begin to convene to
evaluate applications in June 2001. Telefacsimile (FAX) applications
will not be accepted.
ADDRESSES: Applications must be mailed to the U.S. Department of Labor,
Employment and Training Administration, Division of Federal Assistance,
Attention: Le Phan, SGA/DFA 01-105, 200 Constitution Avenue, NW., Room
S-4203, Washington, DC 20210.
FOR FURTHER INFORMATION CONTACT: Questions should be faxed to Le Phan,
Grants Management Specialist, Division of Federal Assistance, FAX (202)
693-2879. (This is not a toll free number.) All inquiries should
include the identifying number of this notice--SGA/DFA 01-105, and a
contact name, FAX and phone numbers. This announcement will also be
published on the Internet on the Employment and Training
Administration's Home Page at http://www.doleta/gov.
SUPPLEMENTARY INFORMATION: The Employment and Training Administration
(ETA), U.S. Department of Labor (DOL), partner in AWN, announces the
availability of grant funds for technical skills training for employed
and unemployed American workers. These grants are financed by a user
fee paid by employers to bring foreign workers into the U.S. on a
temporary basis to work in high skill or speciality occupations. As
part of the H-1B non-immigrant visa program, this skills training
program was established under the American Competitiveness and
Workforce Improvement Act of 1998 (ACWIA 1998) as amended by the
American Competitiveness in the Twentieth Century Act of 2000 (ACWIA
2000) and companion legislation. The grants are a long term solution to
domestic skill shortages in high skill and high technology
occupations--raising the skill levels of American workers so they can
take advantage of the new technology-related, high skills employment
opportunities and, thus, helping business reduce its dependence on
skilled foreign professionals permitted to work in the U.S. on a
temporary basis under the H-1B visa program. Grant awards will be made
only to the extent that funds are available.
The Act creates a two-part eligibility and funding system for the
new program. Seventy-five (75%) percent of the available grant funds
will be awarded to Local Boards established under section 117 of the
Workforce Investment Act (WIA) that will carry out such programs or
projects through the One-Stop delivery systems established under
section 121 of WIA, or regional consortia of Local Boards. Regional
consortia of boards may be interstate. Each Local Board or consortium
of boards receiving grant funds must represent a local or regional
public-private partnership that is comprised of at least (i) one Local
Board; (ii) one business or business-related non-profit organization
such as a trade association; and (iii) one community-based organization
or higher education institution or labor union. This Notice governs the
procurement process for awarding the 75 percent funds.
The remaining 25 percent of the available funds will be awarded to
business partnerships that consist of at least two businesses or a
business-related nonprofit organization that represents more than one
business. The partnership may also include any educational, labor,
community organization, or Local Board. Applicants for the 25 percent
funds must explain the barriers they faced in meeting the partnership
eligibility criteria for the 75 percent funds--for example, the
business partnerships may be on a national, multi-state, regional or
rural area basis (such as rural telework programs). The Solicitation
for Grant Applications (SGA) governing the competition for the first
round of grants for the 25 percent funds will be published in the
Federal Register in the near future.
Successful applicants under earlier H-1B solicitations are eligible
to apply for grants under this competition. Current awardees are
encouraged to indicate how their new proposals can provide a different
approach or scope to skills training given program improvements
developed under the current award. Consideration will be given to
grantees which use grant funds to significantly expand their training
program or project through such means as training more workers or
offering more courses, or to applicants whose training programs or
projects expand as a result of increasing collaborations--especially
with more than one small business or with a labor-management training
program or project.
Applicants which were unsuccessful in securing a grant award from
prior competitions are strongly encouraged to amend their proposals
according to this announcement and reapply.
America's Workforce Network is a national workforce investment and
employment system designed to meet both the needs of the nation's
businesses and the needs of job seekers and incumbent workers who want
to advance their careers. ACWIA 2000 provides resources for skill
training in high skill and high technology occupations that are in
demand by U.S. business. One key measure of this demand is determined
by the number of employer H-1B applications for foreign workers. For
example, industries that appear to generate the most current H-1B
demand are information technology (IT) and health care. Appendix B to
this solicitation provides information on the kinds of occupations
certified under the H-1B program by the Department of Labor for the
first five months Fiscal Year 2000 (October 1, 1999 through February
29, 2000) and the number of job openings certified in each occupation.
This Notice describes the application submission requirements, the
process that eligible entities must use to apply for funds covered by
this solicitation, and how grantees will be selected. Approximately
$135 million is anticipated to be available for funding the projects
covered in this solicitation process.
ETA is soliciting proposals for demonstration projects to provide
technical skills training for professionals, including both employed
and unemployed workers.
This announcement consists of four parts:
Part I provides background, basic DOL policies and
emphasis, and the legislative mandate for technical skills training
grants under Section 286(s) of INA, Section 111 of ACWIA 2000, and
Section 214(i) of INA.
Part II describes specific program, administrative and
reporting requirements that will apply to all grant awards.
Part III describes the application process.
Part IV describes the review process and rating criteria
that will be used to evaluate applications for funding.
Part I--Background and DOL Policies and Emphases
A. Background
This H-1B Technical Skills Training Grant program under ACWIA will
build on similar ETA initiatives that address the issue of skills
shortages. These initiatives (see the ETA website at
[[Page 19211]]
www.doleta.gov/h-1b) include the June 1998 dislocated worker technology
demonstration; the new dislocated worker technology demonstration; the
regional skills consortium building awards announced in March 2000; the
individual training account (ITA) demonstration grant awards announced
in February 2000; and the skills strategies partnership training/system
building demonstration awards in June 2000. These efforts were intended
to strengthen linkages between employers experiencing skill shortages
in specific occupations and the publicly-funded workforce development
system.
In June 1998, $7.5 million of discretionary dislocated worker funds
were awarded to 11 organizations throughout the country to train
workers in skills related to the information technology industry. In
June 1999, over $9.57 million of these funds were awarded to 10
grantees to train dislocated workers in the skills necessary to obtain
work requiring advanced skills in occupations in manufacturing industry
settings, including computers and electronics manufacturing, machinery
and motor vehicles, chemicals and petroleum, specialized instruments
and devices, and biomedics.
On March 2, 2000, 23 awards totaling $15.2 million were announced
for the regional skills consortium competition. Finally, this
solicitation takes into account the experience gained from the first,
second and third rounds of the H-1B competition for which nine awards
totaling $12.4 million were announced on February 10, 2000; 12 awards
totaling $29.2 million were announced on July 19, 2000; and 22 awards
totaling $54 million were announced on October 20, 2000. Information on
these projects can be found on the H-1B web page referenced above.
B. DOL Policies and Emphases
1. Six Basic Key Principles Underlie This Effort
Partnership Sustainability: The grant awards will not exceed a
duration of 24 months with an option for 12 additional months. The
primary focus of these awards is technical skills training. ETA intends
that regional partnerships sustain themselves over the long term and
well after the federal resources from this initiative have been
exhausted. The statutory 50 percent non-Federal matching requirement is
an integral part of ensuring sustainability because the matching
resources are expected to help extend the skills shortages training
effort beyond the term of the grant. This partnership sustainability
concept relates to two rating criteria: Links with Key Partners and
Sustainability (the resources each partner offers and the role of
external resources in building the foundation for a permanent
partnership).
Business Involvement: Businesses are essential partners and promote
the need for skills requirements. Under WIA, business plays a critical,
leadership role in planning and overseeing training and employment
activities. WIA requires that the majority of the membership of
voluntary State and local Workforce Investment Boards are business
representatives, and that the State and local board chairs be drawn
from business. For the purpose of these grants, it is imperative that
businesses represented in the group applying for this grant include
those with current skills shortages who intend to hire, retain, or
promote graduates of the technical skills training program.
Business involvement is an important component of four Rating
Criteria: Statement of Need (assists in assessing skills shortages in
demand in the region); Linkages with Key Partners; Sustainability
(private sector involvement in the partnership; resources each of the
partners offers; the role of donations in building the foundation for a
permanent partnership), and Outcomes (businesses involved in the
partnerships and their ability to serve as a key resource in hiring/
upgrading workers who have been trained).
Current Skills Gap: Access to training to fill current local or
regional skills shortages is the immediate focus of this initiative.
Training investments should be targeted in occupational areas that have
been identified on the basis of H-1B occupations as skills shortage
areas. This key principle relates to two criteria: Statement of Need,
and Service Delivery Strategy (the innovative manner in which skills
training will meet the skill needs of the region.)
Innovative and Effective Tools: The grantees will use innovative or
proven tools and approaches, that may include on-the-job training, to
close particular skills gaps and provide strategies for training that
promote regional development. This principle relates to two criteria:
Service Delivery Strategy in which innovation is encouraged, and Cost
Effectiveness. Innovative training programs may result in better
employment outcomes and higher levels of skill achieved by those
participants for the same cost.
Target Population: The ACWIA technical skills training is geared
towards employed and unemployed workers who can be trained and placed
directly in highly skilled H-1B occupations. Bonus points may be
awarded for special efforts to include outreach to target women,
minorities, persons with disabilities, older workers, and workers in
rural areas. This emphasis relates to the rating criterion, Target
Population (a discussion of the targeted populations.)
Career Ladders: Employees at the H-1B skills level are generally
characterized as having a Bachelor's degree or comparable work
experience. The H-1B technical skills training is not limited to skills
levels commensurate with a 4-year degree. It should prepare workers for
a broad range of positions along a career ladder. ``Career ladder'' may
generally be defined as a system of career options which encourage
opportunities for professional growth and upward mobility. The
technical skills training can include a broad range of positions along
a career ladder that eventually lead to a high skills level job. Thus,
potential trainees are not required to enter training with a 4-year
degree. Additionally, trainees are not expected to acquire a 4-year
degree to be successful. Career ladders create opportunities for
individuals who may vary in experience and education levels (such as
vocational training and Associates' degrees) to advance along a career
ladder and qualify for H-1B related occupations.
2. Skills Shortages
Section 414(c) of ACWIA, as amended by section 111 of ACWIA 2000,
mandates that the grants awarded under this authority be used for
technical skills training to employed and unemployed workers. The basis
of the funding for the grants is a user fee paid with the H-1B visa
application by an employer seeking highly-skilled personnel to fill
high-skill shortages in American industries. Training must focus on
occupations that are experiencing skills shortage in the domestic job
market. The long-term goal of the program is to train American workers
in the necessary/appropriate skills to fill the skills shortages in
highly specialized industries.
3. Skills Standards
Skills standards represent a benchmark by which an individual's
achieved competence can be measured. Work in this area has been
performed by private industry and trade associations, registered
apprenticeship training systems, and public and private partnerships
(including the Job Corps and local School-to-Work partnerships). Well-
defined skills standards can be useful tools in matching training goals
[[Page 19212]]
to targeted occupational areas. Applicants are encouraged to survey the
progress to date in developing occupational skills standards in their
communities, such as establishing a clearly defined set of expectations
for the requisite capabilities of workers.
As noted earlier, the definition of the minimum proficiency level
required to be considered an H-1B occupation, contained in section 214
(i), 8 U.S.C. 1184 (i) of the Immigration and Naturalization Act (INA),
speaks to a very high skills level for these ``specialty occupations''.
These are occupations that require ``theoretical and practical
application of a body of highly specialized knowledge,'' and full state
licensure to practice in the occupation (if it is required). These
occupations also must require either completion of at least a
bachelor's degree or experience in the specialty equivalent to the
completion of such degree and recognition of expertise in the specialty
through progressively responsible positions relating to the specialty.
4. Regional Planning
Applicants must describe the local area or region that will be
served with particular emphasis on its skills shortages. Applicants are
encouraged to ascertain current labor force and industry data to
reflect the skills shortages in their region. The proposal also must
identify the political jurisdictions to be included and provide an
enumeration of the specific local areas that are served under WIA.
Although comprehensive occupational vacancy data is unavailable,
current H-1B applicant data should be utilized to the extent feasible
to describe occupational shortages. Attachment B to this solicitation
is a listing by occupations for which H-1B visas are being sought as
shown by the most current H-1B applicant data. Requests for H-1B visas
for the applicant's region may reflect a skills shortage of those
occupations, as well.
Applicants are encouraged to utilize all available State and local
data, including that provided by area businesses and business
associations, in making determinations of regional shortages.
Applicants are encouraged to analyze data made available by their State
labor market information (LMI) director, the Bureau of Labor Statistics
(BLS), and through the local One-Stop delivery system.
5. Service Delivery and Supportive Services
Applicants should carefully describe the skills training that will
be provided under the grant in the context of the goals that are to be
achieved by participants. Section 111(c)(4)(A) of ACWIA 2000 states
that consideration will be given to applicants who commit to provide at
least one of three target outcomes for participants who complete
training. These outcomes are the hiring of unemployed trainees,
increased wages or salaries of employed workers, and skill certificates
documenting skills acquisition or a link to industry accepted
occupational skill standards, certificates, or licensing requirements.
ACWIA 2000 requires that at least 80 percent of grants be awarded
to projects which target occupations in high technology, information
technology and biotechnology. For example, this includes skills needed
for software and communications services, telecommunications, systems
installation and integration, computers and communications hardware,
advanced manufacturing, health care technology, biotechnology and
biomedical research and manufacturing, and innovation services. Not
more than 20 percent of the available funds may be awarded for training
in any single specialty occupation, as defined by section 214(i) of the
INA. A response to the Statement of Work criterion should provide a
detailed discussion of the kinds of training to be provided and the
mechanisms to be used to provide it. Applicants must include in their
work statement a discussion of the types of skills training being
provided, the targeted skills levels, how the skills will be measured,
and how skills shortages in the local area or region will be met
through this training.
The Employment and Training Administration anticipates that
applicants may need to make a range of supportive services available to
enhance the quality and effectiveness of the skill training provided
under the grant. Grant funds may not be used to provide supportive
services. Appropriately focused services, as defined by section 101(46)
of WIA--such as transportation or child care--are considered as
important enhancements to the technical skills training package.
Federal resources such as co-enrollment in WIA while participating
in ACWIA 2000 training for supportive services clearly cannot be
counted toward the matching requirement, but are clearly desirable
features of these projects. Successful applicants are encouraged to
leverage such Federal resources as part of making the technical skills
training more effective.
In order to provide these resources, applicants should build
linkages to the One-Stop Career Center network created under America's
Workforce Network to reach out, inform, and recruit individuals to
participate in the H-1B-financed skill training.
The central role of the Local Boards in the planning and policy
activity surrounding these grants is critical. WIA requires the Local
Board to prepare a strategic workforce investment plan for the area
that it embraces. The Local Board also designates One-Stop service
center operators and selects eligible training providers. In short,
Local Boards already are engaged in much of the necessary work that
could provide a solid foundation for the training activities to be
undertaken in ACWIA 2000.
Part II--Requirements
A. Eligible Participants
Training funded by a grantee may be both for persons who are
currently employed and who wish to obtain and upgrade skills and for
persons who are unemployed. The aim of the skills training is to place
employed and unemployed workers in highly skilled H-1B related
occupations. Applicants are encouraged to include efforts to outreach
to target populations such as women, minorities, persons with
disabilities, older workers, workers in rural areas, and other under-
represented groups.
B. Administrative Requirements
1. General
Grantee organizations will be subject to: ACWIA 2000; these
guidelines; the terms and conditions of the grant and any subsequent
modifications; applicable Federal laws (including provisions in
appropriations law); and any applicable requirements listed below--
a. Workforce Investment Boards--20 Code of Federal Regulations
(CFR) Part 667, published in the Federal Register on Friday, August 11,
2000 (Administrative Costs).
b. Non-Profit Organizations--Office of Management and Budget (OMB)
Circulars A-122 (Cost Principles) and 29 CFR Part 95 (Administrative
Requirements).
c. Educational Institutions--OMB Circulars A-21 (Cost Principles)
and 29 CFR Part 95 (Administrative Requirements).
d. State and Local Governments--OMB Circulars A-87 (Cost
Principles) and 29 CFR Part 97 (Administrative Requirements).
e. Profit Making Commercial Firms--Federal Acquisition Regulation
(FAR)--48 CFR Part 31 (Cost Principles), and 29 CFR Part 95
(Administrative
[[Page 19213]]
Requirements). In addition, the audit requirements at 20 CFR 627.480
apply to commercial recipients.
f. All entities must comply with 29 CFR Parts 93 and 98, and, where
applicable, 29 CFR Parts 96 and 99.
2. Administrative Costs
ACWIA 2000 Section 111(c)(6) provides that an entity that receives
a grant to carry out a program or project under section 414(c)(1)(A) of
ACWIA may not use more than 10 percent of the amount of the grant to
pay administrative costs associated with the program or project.
3. Start Up Costs
ACWIA 2000 Section 111(c)(3) limits the amount of start-up costs of
partnerships or new training projects which may be charged to these
grants. Except for partnerships of small businesses, the limit is five
(5) percent of any single grant or costs not to exceed $75,000. For
partnerships consisting primarily of small businesses, the limit is ten
(10) percent of the cost allocable for a single grant or a maximum of
$150,000.
C. Reporting Requirements
The grantee is required to provide the reports and documents listed
below:
Quarterly Financial Reports. The grantee must submit to
the Grant Officer's Technical Representative (GOTR) within the 30 days
following each quarter, two copies of a quarterly Financial Status
Report (Standard Form 269) until such time as all funds have been
expended or the period of availability has expired.
Progress Reports. The grantee must submit a narrative with
the quarterly reports to the GOTR within the 30 days following each
quarter. Two copies are to be submitted providing a detailed account of
activities undertaken during that quarter including:
a. A discussion of the occupational areas for which skills training
is being provided;
b. Job placements in skills shortage occupations of both employed
and unemployed workers;
c. Wage increases in skills shortage occupations of both employed
and unemployed workers;
d. Number of promotions by participants who have completed the
skills training program; and,
e. An indication of any current problems which may affect
performance and proposed corrective action.
Final Report. A draft final report which summarizes
project activities and employment outcomes and related results of the
demonstration must be submitted no later than the expiration date of
the grant. Three copies of the final report must be submitted no later
than 60 days after the grant expiration date.
D. Evaluation
As required by ACWIA 2000, applications must include an agreement
that the program or project shall be subject to evaluation by the
Secretary of Labor to measure its effectiveness. To learn from these
skill training grants, ETA will arrange for or conduct an independent
evaluation of the outcomes, impacts, and benefits of the demonstration
projects. Evaluation findings will help ETA identify promising
practices and approaches that will be disseminated throughout America's
Workforce Network. Grantees must agree to make records on participants,
employers and funding available and to provide access to program
operating personnel and to participants, as specified by the
evaluator(s) under the direction of ETA, including after the period of
operation.
Part III--Application Process
A. Eligible Applicants
Section 111(c)(2)(A)(i) of ACWIA 2000 specifies that the Secretary
shall, in consultation with the Secretary of Commerce, subject to the
availability of funds in the H-1B Nonimmigrant Petitioner Account,
award 75 percent of the grants to Local Boards established under
section 116(b) or 117 of the WIA, 29 U.S.C. 2831(b) and 2832, or
consortia of such Boards in a region. Consortia can cross state lines
or involve more than one state-wide Local Board.
Each Local Board or consortium of boards receiving grant funds must
represent a local or regional public-private partnership consisting of
at least one Local Board; one business or business-related non-profit
organization such as a trade association and one community-based
organization (which may be a faith-based organization), or higher
education institution, or labor union.
The activities of the local or regional public-private partnership
must be conducted in coordination with the activities of the relevant
Local Board or Boards established under WIA, 29 U.S.C. 2832. ACWIA 2000
requires that each partnership designate a fiscal agent responsible for
being the recipient of grant funds.
Under this announcement, only Local Boards (through their
designated fiscal agents) and consortia of Local Boards may apply for
and receive these grant awards. This requirement does not prevent the
participation of other partners or concerned entities which are
integral to the process of planning for and conducting skills training
in skills shortage areas.
Applicants are encouraged to collaborate, as other participating
partners, with entities that possess a sound grasp of the job
marketplace in the region and are in a position to address the issue of
skills shortage occupations. These entities include organizations such
as private, for-profit businesses--including small and medium-size
businesses; business, trade, or industry associations such as local
Chambers of Commerce and small business federations; and labor unions.
These entities should include businesses and business associations
which have experienced first hand the problems of coping with skill
shortages and which employ workers engaged in skill shortage
occupations.
This notice will not prescriptively define the roles of individual
entities within the partnership beyond requiring that the Local Boards
or consortia be the applicant and designate a fiscal agent for
receiving grant funds, as stated in ACWIA 2000. The applicant's
proposal is expected to provide a detailed discussion of participating
organizations' respective responsibilities. As required by ACWIA, ETA
will give consideration in awarding grants to any proposal which
includes and directly benefits two or more small businesses (100
employees or less).
Based on ETA's experience, regional partnerships that actively
engage a wide range of participation from community groups--
particularly with strong private employer involvement--appear to be
more successful. Applicants generally are encouraged to include a broad
spectrum of stakeholder groups, including businesses, in their
partnership effort. Consortia of Local Boards representing more than
one area that share common economic goals may join together as one
applicant rather than applying individually.
The application must clearly identify the applicant (or the fiscal
agent), the grant recipient (and/or fiscal agent), and describe its
capacity to administer this project. It must also indicate that the
project is consistent with and will be coordinated with the activities
of the relevant Local Board or Boards and with the other partners in
the workforce investment system(s) that are involved in technical
skills activities in the relevant region(s).
According to Section 18 of the Lobbying Disclosure Act of 1995, an
organization described in Section 501(c)(4) of the Internal Revenue
Code
[[Page 19214]]
of 1986 that engages in lobbying activities will not be eligible for
the receipt of federal funds constituting an award, grant, or loan.
Note: Except as specifically provided in this Notice, DOL/ETA's
acceptance of a proposal and an award of federal funds to sponsor
any program(s) does not provide a waiver of any grant requirements
and/or procedures. For example, the OMB Circulars require and an
entity's procurement procedures must require that all procurement
transactions are conducted, as much as practical, to provide open
and free competition. If a proposal identifies a specific entity to
provide services, the DOL/ETA's award does not provide the
justification or basis to sole-source the procurement, i.e., it does
not authorize the applicant to avoid competition when procuring
these services.
Part IV of this announcement enumerates and defines in depth a
series of criteria that will be utilized to rate applicant submissions.
These criteria are:
A. Statement of Need
B. Service Delivery Strategy
C. Target Population
D. Sustainability
E. Linkages with Key Partners
F. Outcomes
G. Cost Effectiveness
B. Submission of Proposals
Applicants must submit four (4) copies of their proposal, with
original signatures. The proposal must consist of two (2) separate and
distinct parts, Parts I and II.
Part I of the proposal must contain the Standard Form (SF) 424,
``Application for Federal Assistance'' (Appendix C) and the Budget
Information Form (Appendix D). Upon confirmation of an award, the
individual signing the SF 424 on behalf of the applicant shall
represent the responsible financial and administrative entity.
In preparing the Budget Information form, the applicant must
provide a concise narrative explanation to support the request. The
statutory language of ACWIA 2000 is specific in stating that grant
resources are to be expended for programs or projects to provide
technical skills training. The administrative costs are limited to no
more than 10 percent of the request and must clearly support the goals
of the project. An illustrative, but not exclusive, list of allowable
and allocable types of administrative costs are provided in the WIA
regulations at 20 CFR 667.200. In general, however, this grant does not
contemplate or permit the purchase of capital equipment. The budget
narrative should discuss precisely how the administrative costs support
the project goals.
Part II must contain a technical proposal that demonstrates the
Applicant's capabilities in accordance with the Statement of Work. A
grant application is limited to twenty-five (25) double-spaced, single-
sided, 8.5 inch x 11 inch pages with 1-inch margins. The Applicant
may provide resumes, a staffing pattern, statistical information and
related material in attachments which may not exceed fifteen (15)
pages. Although not required, letters of commitment from partners or
from those providing matching resources may be submitted as
attachments. Such letters will not count against the allowable maximum
page total. The applicant must briefly itemize those participating
entities in the text of the proposal. Text type shall be 11 point or
larger. Applications that do not meet these requirements will not be
considered. Each application must include a Time Line outlining project
activities and an Executive Summary that is not to exceed two pages.
The Time Line and the Executive Summary do not count against the 25
page limit. No cost data or reference to prices should be included in
the technical proposal.
C. Hand Delivered Proposals
Hand delivered proposals will be received at the address identified
above. Telegraphed and/or faxed proposals will not be accepted. Failure
to adhere to the above instructions will be considered as non-
responsive.
D. Period of Performance
The initial period of performance will be up to 24 months from the
date of execution of the grant documents. It is anticipated that about
$135 million will be disbursed based on this notice for the coming
year. It is anticipated that individual awards will not exceed
$3,000,000. ETA may elect to exercise its option to extend these grants
for an additional period not to exceed 12 months, based on the
availability of funding and success of the program.
E. Definitions
For purposes of this solicitation:
Technical skills training may be generally defined as the
``training services'' described in Section 134(d)(4)(D) of WIA. The H-
1B Technical Skills Training Grant emphasizes training in high-demand,
high-level skills to individuals where there is a shortage of qualified
workers. Training may include a combination of academic and work-place
learning, including on-the-job training, and instruction, as well as
customized training curricula developed in partnership with an employer
(or group of employers). Training may be tailored to meet the needs of
individual participants and successful completion of a program must be
accompanied by an employer's commitment to hire those trainees.
Region may be defined as an area which exhibits a commonality of
economic interest. A region may comprise of more than one labor market
area or one large labor market, one labor market area joined together
with adjacent rural districts, special purpose districts, and
contiguous and non-contiguous Local Boards. A region may be either
intrastate or interstate, and may be coterminous with a single Local
Board.
Career Ladders may generally be defined as a system of career
options which encourage opportunities for professional growth and
upward mobility. It may be defined for the purposes of this Notice as a
training and career path that may not directly result in the
replacement of an H-1B visa-holder with a qualified domestic worker,
but a path that provides skills which may eventually lead to
replacement of such workers for positions in high technology,
information technology, and biotechnology and other H-1B occupations.
This training may include the skills needed for software and
communication services, telecommunications, systems installation and
integration, computers and communications hardware, advanced
manufacturing, health care technology, bio-technology and biomedical
research and manufacturing and innovation services.
Older Workers are those who meet the age standard prescribed in the
Older Americans Act--fifty-five years or older--who are seeking full-
time employment.
F. Sustainability
Applicants must demonstrate the ability to provide resources
equivalent to at least 50 percent of the grant award amount as a match.
This statutory match may be provided in cash or in kind and federal
resources may not be counted against the matching requirement. ETA
encourages the provision of essential capital equipment, such as
computers and furniture, as part of the match. The amount and nature of
the match must be clearly described in the application.
The 50 percent matching requirement is designed to assist grantees
in initiating sustainability for the proposed project. The Department
is particularly interested that the applicants demonstrate clear
evidence that
[[Page 19215]]
matching resources will sustain training activities after the
expiration of the grant. Although matches may be one-time occurrences,
applicants are encouraged to seek partnerships that reflect a
commitment, financially and non-financially, to the future success of
the proposed program.
Part IV--Review Process and Rating Criteria
A. The Review Process
Applications for the H-1B technical skills training grants will be
accepted continuously after the publication of this announcement.
Technical review panels will meet periodically on an as-needed basis,
given the number of applications and the availability of funds.
The technical review panel will make careful evaluation of
applications against the criteria below. Final funding decisions will
be based on the rating of applications as a result of the review
process, and other factors such as statutory requirements (urban/rural
balance, geographic balance, the requirement that at least 80 percent
of funds be awarded for high technology, information technology, and
biotechnology occupational training and that not more than 20 percent
of funds be available for training in any single specialty occupation),
availability of funds, and what is most advantageous to the Government.
These decisions will be made in consultation with the Department of
Commerce. The panel results are advisory in nature and not binding on
the Grant Officer. The Government may elect to award the grant(s) with
or without the discussions with the offeror(s). In situations without
discussions, an award will be based on the offeror's signature on the
SF 424, which constitutes a binding offer.
The rated applications will be placed in the following categories:
(1) If the application receives a rating of 80 and above, it will
be placed on an eligible to be funded list. The applicant will remain
on this list for 9 months before resubmittal is required. Applicants in
this category may require further discussions. Inclusion on this list
is not a guarantee of funding.
(2) If the application receives a rating of 79 and below, the
applicant will be eligible to receive technical assistance through
group workshops in areas such as:
Grant Writing
Partnership Building/Linkages
Administrative Requirements
Service Delivery Strategies
(3) Those applications receiving rating of 70-79 will also be
eligible to receive additional on-site technical assistance.
All applicants will receive written notice of their rating which
will include a summary of their strengths and weaknesses in the
application at the conclusion of the review process.
B. Rating Criteria
1. Statement of Need (15 points)
ACWIA 2000 is a response to skills shortages around the country in
specific occupations. The most recent H-1B application data are
provided as an attachment to this solicitation. Applicants should
clearly describe the local area or region for which services are to be
provided and the skills shortages prevalent in the region.
Applicants are encouraged to utilize all available data resources
to assure that its description of need is relevant to local labor
market shortages. Information can include, but is not limited to, State
labor market information, H-1B applications, newspaper want ads,
expressed employer hiring demands, and information from One-Stop
system, in responding to this criterion. Descriptive items about the
local area or region, such as rural or urban, should be included. (What
high technology needs and opportunities exist in the region? What are
the particular characteristics of the local political, economic and
administrative jurisdictions--Local Boards, labor market areas, or
special district authorities--that led them to associate for the
purpose of this application?)
A general description of the local area or region should include
socioeconomic data, with a particular focus on the general education
and skills level prevalent in the area. Applicants are encouraged to
include information such as transportation patterns, and statistical
and demographic information (e.g., age and income data). Other germane
questions that will provide greater depth of description include: What
is the general business environment? What industries and occupations
are growing and declining? What types of skills are being sought in the
local area or region by the major employers in general, and the
partnership member companies, in particular?
2. Service Delivery Strategy (25 points)
Applicants must lay out a comprehensive strategy for providing the
technical skills training that is mandated as the core activity of
these grant awards. A brief discussion of the impact of skills training
in response to the identified skills shortages of the region should be
included. Specific issues that must be addressed as part of this
section include:
The range of potential training providers, the types of
skills training that will be offered, how the training will meet the
local area or regional skills needs, and how the training will be
provided.
What steps will be taken to reach out to the
community(ies)? to provide information about the project and planned
training activities.
How will the types of training planned for project
participants be determined.
We encourage applicants to be innovative in the training services
they provide. Innovation in the context of service delivery can
represent a wide variety of items. Innovation may be implemented in the
manner in which training services are provided--e.g., distance learning
to provide instruction, interactive video self-instructional materials,
and flexible class scheduling (sections of the same class scheduled at
different times of the day to accommodate workers whose schedules
fluctuate). Creativity in developing the service strategy is also
encouraged.
3. Target Population (10 points, 5 bonus points)
The eligibility criteria for skills training enumerated in ACWIA
2000 are extremely broad and include employed and unemployed workers.
This section should clearly identify the targeted workers, including
their characteristics and explain why they are targeted. A discussion
of what assessment procedures are to be used is critical. The applicant
should address some specific issues relating to the target employed
worker population such as:
How many employed workers will be targeted for services
and why.
What are the technical skills training needs of those
workers to fulfill skills shortage occupations?
It is extremely important that the selection process for
workers, both employed and unemployed, be carefully described to make
it clear how those individuals will be determined to possess the
capacity after the completion of training to accept jobs that
previously were filled via the H-1B visa process. In the case of
unemployed workers, there needs to be an extensive discussion of the
criteria to be used to assess and enroll individuals.
In particular, the applicant should describe the outreach
methods to target minorities, women, individuals with disabilities,
older workers, and individuals in rural areas meet these standards.
Applicants who effectively
[[Page 19216]]
target such workers will be awarded up to 5 additional points.
4. Sustainability (10 points)
Applicants must demonstrate a statutory 50 percent match to the
resources for proposed projects. Matches may either be in cash or in
kind and federal resources may not be counted against the matching
requirement. Applicants must describe to what extent the partners
provide matching funds or services and how this contribution assists in
building the foundation for a permanent partnership, i.e.,
sustainability. Matching resources and partnerships are considered an
integral element of the project, as they support and strengthen the
quality of the technical skills training provided and contribute
materially toward sustainability.
ACWIA 2000 technical skills training grant resources are limited to
raising the skills levels of individuals to fill high skills H-1B
occupations. Applicants will be given preference for identifying other
resources both Federal and non-Federal, because they can contribute
materially toward quality outcomes and sustainability. (Note that
although Federal resources may not be counted as match, they may be
counted to demonstrate the project sustainability.) Applicants are also
encouraged to establish relationships with State Workforce Investment
Boards and relevant state agencies, as they may provide valuable
assistance and resources that can contribute to the success of a
proposed project. Applicants should enumerate these resources in this
section to support their discussion of sustainability and also describe
any specific existing contractual commitments. The sustainability issue
can be addressed by providing concrete evidence that activities
supported by the proposal will be continued after the expiration date
of the grant by using other public or private resources.
5. Linkages with Key Partners (15 points)
The application must show the partnership requested by Section
111(c)(2)(A)(i)(I)-(III) of ACWIA 2000 (a Local Board or consortium of
Local Boards; one community-based organization, higher education
institution, or labor union; and one business or business-related
nonprofit organization such as a trade association). ETA encourages and
will give consideration to applications that go beyond the minimum
requirements of the statute and show broader partnerships. The
applicant should identify the partners and how they will interact
together, i.e., what role each will play and what resources each
partner will offer. In particular, this section should identify
partnerships with the private and public sectors, including ties with
small- and medium-sized businesses and small business federations. The
Service Delivery Strategy section of the Statement of Work describes
the role of each of the actors in delivering the proposed services,
while this section is intended to look at the linkages from a more
structural perspective with particular emphasis on the employers in the
consortium that are experiencing skills shortages.
ETA also is interested in the extent of the involvement of small
businesses in the partnership. Consideration will be given to any
partnership that involves and directly benefits more than one small
business (each consisting of 100 employees or less).
6. Outcomes (15 points)
Applicants must describe the predicted outcomes resulting from this
training. It is estimated that the projected results will be somewhat
varied given the broad range of people who will probably be served. For
example, employed workers are more likely to be trained to achieve a
higher skills level than most unemployed workers. Their success can be
determined through placements in H-1B skills shortage occupations,
increased wages, or skills attainment in H-1B occupations, or in
training for or placement in positions on a career ladder toward such
skills attainment.
There are, however, unemployed workers, including dislocated
workers who have been laid off permanently from their jobs through no
fault of their own, who may well already possess a very high skills
level. They could receive additional technical skills training to
enhance their skills. The outcomes for this group may be projected in
terms of gaining new employment and skills attainment.
Outcomes for employed workers may be at a somewhat higher level
than for those unemployed workers who do not possess similar skills at
the outset. Because of the differing skill levels and backgrounds of
participants in an H-1B training program, the outcomes section should
discuss gains attained for individual participants in context of their
backgrounds and skill levels when they entered. Therefore, the focus of
the discussion in this section should emphasize very specifically the
benefits that occur because of the training. For example, an applicant
might state that a certain skills level is projected for a given group
and indicate what change in skills that represents and how that might
translate into an increase in earnings.
The application must identify what occupations will be trained in
this grant. Please identify each occupation in terms of skills in high
technology, information technology and biotechnology, including skills
needed for software and communication services, telecommunications,
systems installation and integration, computers and communications
hardware, advanced manufacturing, health care technology, bio-
technology and biomedical research and manufacturing and innovation
services.
Consideration in the award of grants will be given to applicants
which commit to achieving one or more of the following outcome goals
upon successful completion of a training program:
(1) The hiring of unemployed trainees (if applicable);
(2) Increases in the wages or salaries of already employed trainees
(if applicable); and
(3) Awards of skills certifications to trainees or links the
trainees to industry-accepted occupational skill standards,
certificates or licensing requirements.
7. Cost Effectiveness (10 points)
Applicants will provide a detailed cost proposal, including a
discussion of the expected cost effectiveness of their proposal in
terms of the expected cost per participant compared to the expected
benefits for these participants. Applicants should address the
employment outcomes, increased salary, promotion or retention and the
levels of skills to be achieved (such as attaining State licensing in
an occupation) relative to the amount of training that the individual
needed to receive to achieve those outcomes. Benefits can be described
both qualitatively in terms of skills attained and quantitatively in
terms of wage gains.
Cost effectiveness may be demonstrated in part by cost per
participant and cost per activity in relation to services provided and
outcomes to be attained. This section MUST contain a detailed
discussion of the size, nature, and quality of the non-Federal match.
Proposals not presenting a detailed discussion of the non-Federal match
or not meeting the statutory 50 percent match requirement will be
considered non-responsive and will not be considered.
The application must specify a management entity, a staffing
pattern, the resumes of major staff members and
[[Page 19217]]
detailed descriptions of the roles of various entities participating in
the partnership. Each application must designate an individual who will
serve as project director and who will devote a substantial portion of
his/her time to the project, which may be defined as at least 40
percent. A short portion of this discussion should describe the
organizational capacity and track record in high skill training and
related activities of the primary actors in the partnership.
Signed in Washington, D.C., this 4th day of April 2001.
Laura A. Cesario,
Grant Officer, Division of Federal Assistance.
Appendix A--Legislative Mandate
Appendix B--Selected H-1B Professional, Technical and Managerial
Occupations, and Fashion Models: Number of Job Openings Certified by
the U.S. Department of Labor, Fiscal Year 2000 (Oct. 1, 1999-
February 29, 2000)
Appendix C--(SF) 424-Application Form
Appendix D--Budget Information Form
Appendix A--Legislative Mandate
(1) ACWIA and ACWIA 2000
The relevant portions of ACWIA 2000 dealing with the
establishment of a fund for implementing a program of H-1B skills
training grants are as follows:
``Section 286(s)--H-1B Nonimmigrant Petitioner Account (as Amended)
(1) In General--There is established in the general fund of the
Treasury a separate account, which shall be known as the `H-1B
Nonimmigrant Petitioner Account.' Notwithstanding any other section
of this title, there shall be deposited as offsetting receipts into
the account all fees collected under 8 U.S.C. 1184 (c)(9)(section
214(c)(9)).
(2) Use of Fees for Job Training--55 percent of amounts
deposited into the H-1B Nonimmigrant Petitioner Account shall remain
available to the Secretary of Labor until expended for demonstration
programs and projects described in section 414(c) of the American
Competitiveness and Workforce Improvement Act of 1998.''
``Sec. 111. Demonstration Programs and Projects to Provide
Technical Skills Training for Workers.
Section 414(c) of the American Competitiveness and Workforce
Improvement Act of 1998 (as contained in title IV of division C of
Public Law 105-277; 112 Stat. 2681-653) is amended to read as
follows:
(c) Demonstration Programs and Projects to Provide Technical
Skills Training for Workers.--
(1) In General.--
(A) Funding.--The Secretary of Labor shall use funds available
under section 286(s)(2) of the Immigration and Nationality Act (8
U.S.C. 1356(s)(2)) to establish demonstration programs or projects
to provide technical skills training for workers, including both
employed and unemployed workers.
(B) Training Provided.--Training funded by a program or project
described in subparagraph (A) shall be for persons who are currently
employed and who wish to obtain and upgrade skills as well as for
persons who are unemployed. Such training is not limited to skills
levels commensurate with a four-year undergraduate degree, but
should include the preparation of workers for a broad range of
positions along a career ladder. Consideration shall be given to the
use of grant funds to demonstrate a significant ability to expand a
training program or project through such means as training more
workers or offering more courses, and training programs or projects
resulting from collaborations, especially with more than one small
business or with a labor-management training program or project. The
need for the training shall be justified through reliable regional,
State, or local data.
(2) Grants.--
(A) Eligibility.--To carry out the programs and projects
described in paragraph (1)(A), the Secretary of Labor shall, in
consultation with the Secretary of Commerce, subject to the
availability of funds in the H-1B Nonimmigrant Petitioner Account,
award--
(i) 75 percent of the grants to a local workforce investment
board established under section 116(b) or section 117 of the
Workforce Investment Act of 1998 (29 U.S.C. 2832) or consortia of
such boards in a region. Each workforce investment board or
consortia of boards receiving grant funds shall represent a local or
regional public-private partnership consisting of at least--
(I) One workforce investment board;
(II) One community-based organization or higher education
institution or labor union; and
(III) One business or business-related non-profit organization
such as a trade association: Provided, That the activities of such
local or regional public-private partnership described in this
subsection shall be conducted in coordination with the activities of
the relevant local workforce investment board or boards established
under the Workforce Investment Act of 1998 (29 U.S.C. 2832); and
(ii) 25 percent of the grants under the Secretary of Labor's
authority to award grants for demonstration projects or programs
under section 171 of the Workforce Investment Act (29 U.S.C. 2916)
to partnerships that shall consist of at least 2 businesses or a
business-related nonprofit organization that represents more than
one business, and that may include any educational, labor, community
organization, or workforce investment board, except that such grant
funds may be used only to carry out a strategy that would otherwise
not be eligible for funds provided under clause (i), due to barriers
in meeting those partnership eligibility criteria, on a national,
multi state, regional, or rural area (such as rural telework
programs) basis.
(B) Designation of Responsible Fiscal Agents.--Each partnership
formed under subparagraph (A) shall designate a responsible fiscal
agent to receive and disburse grant funds under this subsection.
(C) Partnership Considerations.--Consideration in the awarding
of grants shall be given to any partnership that involves and
directly benefits more than one small business (each consisting of
100 employees or less).
(D) Allocation of Grants.--In making grants under this
paragraph, the Secretary shall make every effort to fairly
distribute grants across rural and urban areas, and across the
different geographic regions of the United States. The total amount
of grants awarded to carry out programs and projects described in
paragraph (1)(A) shall be allocated as follows:
(i) At least 80 percent of the grants shall be awarded to
programs and projects that train employed and unemployed workers in
skills in high technology, information technology, and
biotechnology, including skills needed for software and
communications services, telecommunications, systems installation
and integration, computers and communications hardware, advanced
manufacturing, health care technology, biotechnology and biomedical
research and manufacturing, and innovation services.
(ii) No more than 20 percent of the grants shall be available to
programs and projects that train employed and unemployed workers for
skills related to any single specialty occupation, as defined in
section 214(i) of the Immigration and Nationality Act.
(3) Start-up funds.--
(A) In General.--Except as provided in subparagraph (B), not
more than 5 percent of any single grant, or not to exceed $75,000,
whichever is less, may be used toward the start-up costs of
partnerships or new training programs and projects.
(B) Exception.-- In the case of partnerships consisting
primarily of small businesses, not more than 10 percent of any
single grant, or $150,000, whichever is less, may be used toward the
start-up costs of partnerships or new training programs and
projects.
(C) Duration of Start-up Period.--For purposes of this
subsection, a start-up period consists of a period of not more than
2 months after the grant period begins, at which time training shall
immediately begin and no further Federal funds may be used for
start-up purposes.
(4) Training Outcomes.--
(A) Consideration for Certain Programs and Projects.--
Consideration in the awarding of grants shall be given to applicants
that provide a specific, measurable commitment upon successful
completion of a training course, to--
(i) Hire or effectuate the hiring of unemployed trainees (where
applicable);
(ii) Increase the wages or salary of incumbent workers (where
applicable); and
(iii) Provide skill certifications to trainees or link the
training to industry-accepted occupational skill standards,
certificates, or licensing requirements.
(B) Requirements for Grant Applications.-- Applications for
grants shall--
(i) Articulate the level of skills that workers will be trained
for and the manner by which attainment of those skills will be
measured;
(ii) Include an agreement that the program or project shall be
subject to evaluation by the Secretary of Labor to measure its
effectiveness; and
(iii) In the case of an application for a grant under subsection
(c)(2)(A)(ii), explain what barriers prevent the strategy from being
implemented through a grant made under subsection (c)(2)(A)(i).
[[Page 19218]]
(5) Matching Funds.--Each application for a grant to carry out a
program or project described in paragraph (1)(A) shall state the
manner by which the partnership will provide non-Federal matching
resources (cash, or in-kind contributions, or both) equal to at
least 50 percent of the total grant amount awarded under paragraph
(2)(A)(i), and at least 100 percent of the total grant amount
awarded under paragraph (2)(A)(ii). At least one-half of the non-
Federal matching funds shall be from the business or businesses or
business-related nonprofit organizations involved. Consideration in
the award of grants shall be given to applicants that provide a
specific commitment or commitments of resources from other public or
private sources, or both, so as to demonstrate the long-term
sustainability of the training program or project after the grant
expires.
(6) Administrative Costs.--An entity that receives a grant to
carry out a program or project described in paragraph (1)(A) may not
use more than 10 percent of the amount of the grant to pay for
administrative costs associated with the program or project.
(2) INA
The Immigration and Nationality Act (INA)(section
101(a)(15)(H)(i)(b))(8 U.S.C 1101 (a)(15)(H)(i)(B)) defines the H-1B
alien as one ``who is coming temporarily to the United States to
perform services in a specialty occupation * * * or as a fashion
model * * *.''
The INA (Section 214(i)) sets criteria to define the term
``specialty occupation:''
(1) For purposes of section 1101(a)(15)(H)(i)(b) and paragraph
2, a ``specialty occupation'' means an occupation that requires--(A)
theoretical and practical application of a body of highly
specialized knowledge and,
(B) Attainment of a bachelor's or higher degree in the specific
specialty (or its equivalent) as a minimum for entry into the
occupation in the United States.
(2) For purposes of section 1101(a)(15)(H)(i)(b)), the
requirements of this paragraph with respect to a specialty
occupation are--(A) full state licensure to practice in the
occupation, if such licensure is required to practice in the
occupation,
(B) Completion of the degree described in paragraph (1)(B) for
the occupation, or
(C)(i) Experience in the specialty equivalent to the completion
of such degree, and (ii) recognition of expertise in the specialty
through progressively responsible positions relating to the
specialty.
Appendix B--Selected H-1B Professional, Technical and Managerial
Occupations, and Fashion Models: Number of Job Openings Certified by
the U.S. Department of Labor, Fiscal Year 2000 (Oct. 1, 1999-February
29, 2000)
------------------------------------------------------------------------
No. of
Occupational title openings Occupational
certified code
------------------------------------------------------------------------
Occupations In Systems......................... 360,745 076
Analysis And Programming Therapists............ 181,665 160
Accountants, Auditors, And Related Occupations. 35,665 039
Other Computer-Related Occupations............. 28,529 003
Electrical/Electronic Engineering Occupations.. 16,859 070
Physicians And Surgeons........................ 11,264 019
Other Occupations In Architecture, Engineering 11,175 090
And...........................................
Occupations In College And University Education 9,028 199
Miscellaneous Professional, Technical, And 8,964 189
Manager.......................................
Miscellaneous Managers And Officials........... 8,824 007
Mechanical Engineering Occupations............. 7,115 050
Occupations In Economics....................... 5,608 163
Sales And Distribution Management Occupations.. 5,368 033
Occupations In Computer Systems Technical 4,573 161
Support.......................................
Budget And Management Systems Analysis 4,263 169
Occupations...................................
Other Occupations In Administrative Occupations 4,135 031
Occupations In Data Communications And Networks 4,121 041
Occupations In Biological Sciences............. 3,981 079
Other Occupations In Medicine And Health....... 3,764 012
Industrial Engineering Occupations............. 2,725 186
Finance, Insurance And Real Estate Managers And 2,624 020
Off...........................................
Occupations In Mathematics..................... 2,599 001
Architectural Occupations...................... 2,490 141
Commercial Artists: Designers & Illustrators, 2,371 297
Graphics......................................
Fashion Models................................. 2,367 092
Occupations In Preschool, Primary, Kindergarten 2,359 187
Ed............................................
Service Industry Managers And Officials........ 2,347 022
Occupations In Chemistry....................... 2,345 005
Engineering Occupations........................ 2,186 032
Occupations In Computer System User Support.... 1,595 091
Occupations In Secondary School Education...... 1,579 110
Lawyers........................................ 1,353 029
Other Occupations In Mathematics And Physical 1,306 131
Sciences......................................
Interpreters and Translators................... 1,270 166
Personnel Administration Occupations........... 1,229 165
Public Relations Management Occupations........ 1,216 185
Wholesale And Retail Trade Managers And 1,183 008
Officials.....................................
Inspectors And Investigators, Managerial & 974 142
Public........................................
Environmental, Product And Related Designers... 955 119
Other Occupations In Law And Jurisprudence..... 882 099
Other Occupations In Education................. 841 023
Occupations In Physics......................... 836 010
Mining And Petroleum Engineering Occupations... 777 164
Advertising Management Occupations............. 773 132
Editors: Publication, Broadcast, And Script.... 748 078
Occupations In Medical And Dental Technology... 699 183
Manufacturing Industry Managers And Officials.. 681 184
Transportation, Communication, And Utilities 659 049
Management....................................
Other Occupations In Life Sciences............. 612 162
Purchasing Management Occupations.............. 604 040
Occupations In Agricultural Sciences........... 574 074
Pharmacists.................................... 508 159
Other Occupations In Entertainment And 506
Recreation....................................
------------------------------------------------------------------------
Technical Note: The Immigration and Nationality Act (Act)
assigns responsibility to the Department of Labor with respect to
the temporary entry of foreign professionals to work in specialty
occupations in the U.S. under H-1B nonimmigrant status. Before the
Immigration and Naturalization Service will approve a petition for
an H-1B nonimmigrant worker, the employer must have filed and had
certified by the Department a Labor Condition Application. The
employer must indicate on the application the number of H-1B
nonimmigrant workers sought, the rate of pay offered to the
nonimmigrants, and the
[[Page 19219]]
location where the nonimmigrants will work, among other things.
The Act limits the number of foreign workers who may be assigned
H-1B status in each fiscal year, however, there is no limit on the
number of job openings that may be certified by the Department.
Historically, the actual number of job openings certified by the
Department each year far exceeds the number of available visas. This
excess in the number of certified openings is due to a number of
factors: extension of status filings that are not subject to the
annual cap; openings certified for anticipated employment that does
not transpire; or movement from one employer to another (again, not
subject to cap).
The occupational codes in the left-hand column represent the
three-digit occupational groups codes for professional, technical
and managerial occupations from the Dictionary of Occupational
Titles (DOT).
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[FR Doc. 01-8651 Filed 4-12-01; 8:45 am]
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