Applicable Sections of ACWIA 1998 and ACWIA 2000
29 USC § 2916a.
§ 2916a. 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 1356(s)(2)
of Title 8 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 skill 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 2831(b) or section 2832 of this title 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 nonprofit 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 [FN1] [29 U.S.C.A. § 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, multistate, 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 1184(i) of Title
8.
(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 paragraph (2)(A)(ii),
explain what barriers prevent the strategy from being implemented through
a grant made under paragraph (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.
Applicable Sections of the Immigration and Nationality Act
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.