Billing Code: 4510-30
DEPARTMENT OF LABOR
Employment and Training Administration
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.
SUMMARY: The Employment and Training Administration (ETA), U.S. Department of Labor
(DOL), a partner in the America's Workforce Network (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.
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, D.C. 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
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 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-
- Workforce Investment Boards - 20 Code of Federal Regulations (CFR)
Part 667, published in the Federal Register on Friday, August 11, 2000
(Administrative Costs).
- Non-Profit Organizations - Office of Management and Budget (OMB)
Circulars A-122 (Cost Principles) and 29 CFR Part 95 (Administrative
Requirements).
- Educational Institutions - OMB Circulars A-21 (Cost Principles) and 29
CFR Part 95 (Administrative Requirements).
- State and Local Governments - OMB Circulars A-87 (Cost Principles)
and 29 CFR Part 97 (Administrative Requirements).
- Profit Making Commercial Firms - Federal Acquisition Regulation
(FAR) - 48 CFR Part 31 (Cost Principles), and 29 CFR Part 95
(Administrative Requirements). In addition, the audit requirements at 20
CFR 627.480 apply to commercial recipients.
- 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 discussion of the occupational areas for which skills training is being provided;
- Job placements in skills shortage occupations of both employed and unemployed
workers;
- Wage increases in skills shortage occupations of both employed and unemployed
workers;
- Number of promotions by participants who have completed the skills training
program; and,
- 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 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:
- Statement of Need
- Service Delivery Strategy
- Target Population
- Sustainability
- Linkages with Key Partners
- Outcomes
- 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 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 & 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 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:
- the hiring of unemployed trainees (if applicable);
- increases in the wages or salaries of already employed trainees (if applicable); and
- 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 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
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).
(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)
Occupational Code
Occupational Title |
Number of Openings Certified |
030 |
Occupations In Systems
Analysis And Programming |
360,745 |
076 |
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 And |
11,175 |
090 |
Occupations In College And
University Education |
9,028 |
199 |
Miscellaneous Professional,
Technical, And Manager |
8,964 |
189 |
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 Support |
4,573 |
161 |
Budget And Management
Systems Analysis Occupations |
4,263 |
169 |
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 An Real
Estate Managers And Off |
2,624 |
020 |
Occupations In Mathematics |
2,599 |
001 |
Architectural Occupations |
2,490 |
141 |
Commercial Artists: Designers
& Illustrators, Graphics |
2,371 |
297 |
Fashion Models |
2,367 |
092 |
Occupations In Preschool,
Primary, Kindergarten Ed. |
2,359 |
187 |
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
Sciences |
1,306 |
131 |
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 Officials |
1,183 |
008 |
Inspectors And Investigators,
Managerial & Public |
974 |
142 |
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 Management |
659 |
049 |
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 Recreation |
506 |
|
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 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).