Go to H-1B main page
Billing Code 4510-30

DEPARTMENT OF LABOR

Employment and Training Administration

SOLICITATION FOR GRANT APPLICATIONS (SGA)
H-1B TECHNICAL SKILL TRAINING GRANTS

AGENCY:     

Employment and Training Administration (ETA), Labor.

ACTION:

Notice of availability of funds and solicitation for grant applications (SGA).

SUMMARY: THIS NOTICE CONTAINS ALL OF THE NECESSARY INFORMATION AND FORMS NEEDED TO APPLY FOR GRANT FUNDING. The Employment and Training Administration (ETA), U.S. Department of Labor (DOL), announces the availability of grant funds for skill training programs for unemployed and employed workers. Funding for these grants is coming from the user fee mandated for applicants for new H-1B nonimmigrant visa workers and established under the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA).

Eligible applicants for these grants will be private industry councils (PICs) established under Section 102 of the Job Training Partnership Act (JTPA), local Workforce Investment Boards (WIBs) 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 PICs or local boards. Regional consortia may be interstate.

WIA provides a framework for 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 workers who want to further their careers. ACWIA will provide resources for skill training in occupations that are in employer demand; one measure of this demand is employer H-1B applications for workers. In particular, industries that appear to generate the most H-1B demand include information technology and health. Appendix A to this Solicitation provides information on the kinds of occupations certified under the H-1B program by the Department of Labor for Fiscal Year 1999 (Oct.1, 1998 to May 1999), 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. It is anticipated that about $25 million will be available for funding the projects covered in this first-round solicitation, that approximately fifteen to twenty projects will be selected for funding, and that the maximum grant award will not exceed $1.5 million. There is a 50 percent non-Federal matching requirement.

DATES: Applications for grant awards will be accepted commencing [Insert date of publication]. The closing date for receipt of applications shall be 75 days after date of publication in the Federal Register at 4:00 p.m. (Eastern Time) at the address below.

ADDRESSES: Applications shall be mailed to the U.S. Department of Labor, Employment and Training Administration, Division of Federal Assistance, Attention: Diemle Phan, SGA/DFA 99-019, 200 Constitution Avenue, NW, Room S-4203, Washington, D.C. 20210.

FOR FURTHER INFORMATION CONTACT: Questions should be faxed to Diemle Phan, Grants Management Specialist, Division of Federal Assistance, Fax (202) 219-8739. This is not a toll free number. All inquiries should include the SGA number (DFA 99-019) and a contact name, fax and phone number. This solicitation will also be published on the Internet on the Employment and Training Administration's Homepage at http://www.doleta.gov. Award notifications will also be published on this Homepage.

BACKGROUND: This initiative will build on recent ETA initiatives, specifically the June 1998 dislocated worker technology demonstration and the new dislocated worker technology demonstration. These two recent 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 in JTPA Title III dislocated worker funds was 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 was 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.

SUPPLEMENTARY INFORMATION: ETA is soliciting proposals on a competitive basis for the conduct of demonstration projects to provide technical skills training for workers, including both employed and unemployed workers.

This announcement consists of three parts:

LEGISLATIVE MANDATE

The relevant portions of ACWIA dealing with the establishment of a fund for implementing a program of H-1B skill training grants state:

"Section 286(s) - H-1B NONIMMIGRANT PETITIONER ACCOUNT

"Section 104(c) DEMONSTRATION PROGRAMS AND PROJECTS TO PROVIDE TECHNICAL SKILLS TRAINING FOR WORKERS.-

The Immigration and Nationality Act (INA)(section 101(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:"

PART I - APPLICATION PROCESS

A. ELIGIBLE APPLICANTS

ACWIA specifies under Section 104(c)(2) that the Secretary shall award grants to private industry councils (PICs) established under section 102 of the Job Training Partnership Act (JTPA), or local boards that will carry out such programs or projects through one-stop delivery systems established under section 121 of the Workforce Investment Act (WIA) of 1998, or regional consortia of councils or local boards.

While the statute is quite specific about the fact that only PICs, local boards and consortia may apply for and receive these grant awards, it does not preempt the participation of other concerned entities which are integral to the process of planning for and conducting skill training in skill shortage areas. The Department of Labor is requiring that eligible applicants must demonstrate that they have the involvement of a wide representation of the business community in their region. They are also strongly encouraged to reach out widely and involve a broad spectrum of other organizations such as labor unions, community colleges and other postsecondary educational institutions, and community based organizations in a partnership or consortium arrangement. Applicants are encouraged to associate with entities which possess a sound grasp of the job marketplace in the region and which are in a position to address the issue of skill shortage occupations. Such organizations would include 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. Also, those 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 Solicitation will not prescriptively define the roles of individual entities within the partnership beyond requiring, as ACWIA states, that the PICs, local workforce investment boards, or consortia be the applicant and the recipient of grant funds. It is anticipated, however, that the proposal will provide a detailed discussion of participating organizations' respective responsibilities. The proposal should describe a consortium of several employers that will lead the consortium and provide matching funds and who intend to employ workers participating in the technical skills training.

Based on Department of Labor experiences, regional partnerships that actively engage a wide range of participation from community groups -- particularly with strong private employer involvement -- appear to be successful. In general, applicants will be encouraged to include a broad spectrum of stakeholder groups, including such employers, in their partnership effort. Also, PICs or local workforce investment boards or consortia thereof representing more than one region that share common economic goals may band together as one applicant rather than applying individually.

A signed certification of the authorized signatory for a PIC or a local workforce investment board, or the authorized signatory for each PIC or local board in the case of a consortium, is required. The attestation must identify who the grant recipient is and describe its capacity to administer this project; it shall also indicate that the project is consistent with and will be coordinated with the workforce investment system(s) that are involved in technical skills activities in the region(s) encompassed by the applicant.

Part III of this announcement enumerates and defines in depth a series of criteria that will be utilized to rate applicant submissions. Briefly, these criteria are:

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.

C. HAND DELIVERED PROPOSALS

If proposals are hand delivered, they must be received at the designated place by 4:00 p.m., Eastern Time [insert date x number of days after date of publication in the Federal Register]. All overnight mail will be considered to be hand delivered and must be received at the designated place by 2:00 on the specified closing date. Telegraphed and/or faxed proposals will not be honored. Failure to adhere to the above instructions will be a basis for a determination of nonresponsiveness.

D. LATE PROPOSALS

A proposal received at the designated office after the exact time specified for receipt will not be considered unless it is received before award is made and it:

The only acceptable evidence that an application was sent in accordance with these requirements is a printed, stamped, or otherwise placed impression (exclusive of a postage meter machine impression) that is readily identifiable without further action as having been supplied or affixed on the date of mailing by employees of the U.S. Postal Service.

E. 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 $25 million will be disbursed. It is also anticipated that 15-20 grant awards will be made for up to $1.5 million. Based on successful performance and the availability of resources, these grants may be extended for an additional

period not to exceed 36 months in total.

F. DEFINITIONS

For purposes of this solicitation:

G. MATCHING REQUIREMENT

No applicant may receive a grant unless that applicant agrees to provide resources equivalent to at least 50 percent of the grant award amount as a match. That match may be provided in cash or in kind. In view of the fact that the singular focus of grant resources is to provide skill training, ETA particularly encourages the provision of essential capital equipment, such as computer equipment, as part of the match. The match will not be tied to the drawdown of funds, however, the amount and nature of it must be clearly described in the application.

PART II - STATEMENT OF WORK/REPORTING REQUIREMENTS

A. PRINCIPLES

Six basic key principles underlie this effort:

B. SKILLS SHORTAGES

Section 104(c) of ACWIA mandates that the grants awarded under this authority be used for technical skill training to employed and unemployed workers. The basis of the funding for the grants, however, is a user fee paid by an employer seeking nonimmigrant alien workers (H-1B) that possess qualifications in occupations with skill shortages at high skill levels in American industry. Thus, training conducted under these auspices should be in occupations that have been demonstrated to be in short supply.

What is a labor shortage? In the simplest terms possible, shortages occur in a market economy when the demand for workers for a particular occupation is greater than the supply of workers who are qualified, available, and willing to do that job. Although, some of the explanations for why this demand or supply disequilibrium exists are fairly complex, the basic concept is straightforward. In many instances, labor markets adjust quickly and the skill shortage is resolved.

Problematic skills shortages occur when there is imbalance between worker supply and demand for an unusual period of time. The H-1B visa program is a response to those shortages, and this skill training grant program helps alleviate such shortages. It should be noted that the concept of skill shortages also may include an imbalance between the demand and supply of workers at some definable skill level.

C. SKILLS STANDARDS

As noted earlier, the definition of the minimum proficiency level required to be considered an H-1B occupation, contained in section 214 (i) of INA, speaks to a very high skill level for these "specialty occupations" (8 U.S.C. 1184 (i)). To reiterate, 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.

In examining the occupational goals to target the training, it may be appropriate for applicants to identify intermediate occupational skill-level steps that linked resources will assist in addressing. To the extent that applicants target younger workers (age 18 - 24) or low wage workers who may have fewer educational and occupational credentials, it is important that the applicant spell out career paths which will help individuals acquire the high proficiency levels explicitly and implicitly contained in the H-1B occupations.

Skill standards represent a benchmark by which an individual's achieved competence can be measured. Much work has been done in this area -- some by private industry and trade associations, some by registered apprenticeship training systems, some by public and private partnerships, including local School-to-Work partnerships, and the Job Corps. Succinctly stated, well-defined skill standards can be a useful tool in matching training goals to targeted occupational areas. Applicants are encouraged to survey the progress to date in developing occupational skill standards in their communities. Do companies that will be seeking skilled workers for H-1B occupations have a clearly defined set of expectations for the requisite capabilities of those workers?

D. REGIONAL PLANNING

Applicants must describe the local area or region that will be served. The proposal must also identify the political jurisdictions to be included as well as provide an enumeration of the specific local areas under JTPA or WIA. This description should include a discussion of skill shortages in the local area or region. Although comprehensive occupational vacancy data do not exist, current H-1B applicant data should be utilized to the extent feasible to describe occupational shortages. Attachment A to this Solicitation is a listing by occupation of the most current H-1B applicant data. Applicants may take into consideration that occupations listed in high demand among those for which H-1B visas were sought nationally also might be in short supply in their region. However, applicants should avail themselves of all available local data including data provided by area businesses and business associations in making determinations as to shortages. They are encouraged to research widely and be inclusive in utilization of labor market information. In addition to the sources already described, applicants are encouraged to analyze data made available by the Bureau of Labor Statistics and through the local One-Stop delivery system.

E. SERVICE DELIVERY AND SUPPORTIVE SERVICES

Applicants should carefully describe skill training in context of the goals that are to be achieved by participants. These goals should be expressed in terms of targeted occupations. The Statement of Work should provide a detailed discussion of the kinds of training to be provided and the mechanisms to be used to provide it. Applicants also should build linkages to the One-Stop system established under WIA to reach out, inform, and recruit individuals to participate in the H-1B financed training. It is expected that the applicant's work statement will include a discussion of the types of skills being trained for, the necessary skill levels that are targeted, how they will be measured, and how skill shortages in the local area or region will be met through this training

The central role of the local boards or PICs 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 are already engaged in much of the necessary work that could provide a solid foundation for the training activities to be undertaken in ACWIA. The PIC under JTPA is very much in a similar role except that the PIC may provide direct services; under WIA however, the presumption is that local boards only provide services under certain circumstances and for a limited time period.

ACWIA requires that grant resources be used solely for technical skills training. However, ETA anticipates that applicants may need to make available a range of supportive services 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, however -- such as transportation or child care and others defined by section 4(24) of JTPA and section 101(46) of WIA -- could be viewed as an important factor enhancing the technical skills training package. To the extent that these services are provided utilizing non-Federal resources, applicants may present them as part of the proposed matching requirement. Federal resources such as coenrollment in WIA or JTPA while participating in ACWIA training for supportive services clearly cannot be counted toward the matching requirement; however, such coordinated coenrollment and services 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.

F. REPORTING REQUIREMENTS

The Grantee is required to provide the reports and documents listed below:

G. EVALUATION

ETA will arrange for or conduct an independent evaluation of the outcomes, impacts, and benefits of the demonstration projects. Grantees must agree to make available records on participants and employers and to provide access to personnel, as specified by the evaluator(s) under the direction of ETA.

PART III - REVIEW PROCESS & RATING CRITERIA

A careful evaluation of applications will be made by a technical review panel who will evaluate the applications against the criteria listed below. The panel results are advisory in nature and not binding on the Grant Officer. The Government may elect to award the grant with or without discussions with the offeror. In situations without discussions, an award will be based on the offeror's signature on the (SF) 424, which constitutes a binding offer. Awards will be those in the best interest of the Government.

A. Statement of Need (20 points)

B. Service Delivery Strategy (22 points)

C. Target Population (18 points)

D. Linkages with Key Partners/Sustainability (17 points)

E. Outcomes (15 points)

F. Cost Effectiveness (8 points)

Signed in Washington, D.C. , this 10th day of August 1999.

Laura Cesario, Grant Officer

Appendix A: 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 1999 (Oct. 1, 1998 - May 31, 1999)

Appendix B: (SF) 424-Application Form

Appendix C: Budget Information Form

Appendix A

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 1999 (Oct. 1, 1998 - May 31, 1999)
Occupational Code Occupational Title Number of
Openings Certified
030 Occupations In Systems Analysis And Programming360,745
076 Therapists181,665
160 Accountants, Auditors, And Related Occupations35,665
039 Other Computer-Related Occupations28,529
003 Electrical/Electronic Engineering Occupations16,859
070 Physicians And Surgeons11,264
019 Other Occupations In Architecture, Engineering And11,175
090 Occupations In College And University Education9,028
199 Miscellaneous Professional, Technical, And Manager8,964
189 Miscellaneous Managers And Officials 8,824
007 Mechanical Engineering Occupations7,115
050 Occupations In Economics 5,608
163 Sales And Distribution Management Occupations5,368
033 Occupations In Computer Systems Technical Support4,573
161 Budget And Management Systems Analysis Occupations4,263
169 Other Occupations In Administrative Occupations4,135
031 Occupations In Data Communications And Networks4,121
041 Occupations In Biological Sciences3,981
079 Other Occupations In Medicine And Health3,764
012 Industrial Engineering Occupations2,725
186 Finance, Insurance An Real Estate Managers And Off2,624
020 Occupations In Mathematics2,599
001 Architectural Occupations 2,490
141 Commercial Artists: Designers & Illustrators, Graphics2,371
297 Fashion Models2,367
092 Occupations In Preschool, Primary, Kindergarten Ed.2,359
187 Service Industry Managers And Officials2,347
022 Occupations In Chemistry2,345
005 Engineering Occupations2,186
032 Occupations In Computer System User Support1,595
091 Occupations In Secondary School Education 1,579
110 Lawyers1,353
029 Other Occupations In Mathematics And Physical Sciences1,306
131 Interpreters and Translators1,270
166 Personnel Administration Occupations1,229
165 Public Relations Management Occupations 1,216
185 Wholesale And Retail Trade Managers And Officials1,183
008 Inspectors And Investigators, Managerial & Public974
142 Environmental, Product And Related Designers955
119 Other Occupations In Law And Jurisprudence882
099 Other Occupations In Education841
023 Occupations In Physics836
010 Mining And Petroleum Engineering Occupations777
164 Advertising Management Occupations773
132 Editors: Publication, Broadcast, And Script748
078 Occupations In Medical And Dental Technology699
183 Manufacturing Industry Managers And Officials681
184 Transportation, Communication, And Utilities Management659
049 Other Occupations In Life Sciences 612
162 Purchasing Management Occupations604
040 Occupations In Agricultural Sciences 574
074 Pharmacists508
159 Other Occupations In Entertainment And Recreation506

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).