[Federal Register Volume 66, Number 72 (Friday, April 13, 2001)]
[Notices]
[Pages 19209-19223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8651]


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DEPARTMENT OF LABOR

Employment and Training Administration


H-1B Technical Skills Training Grant Program

AGENCY: Employment and Training Administration, Labor.

ACTION: Notice of procedures for grant applications for H-1B Technical 
Skills Training Grants. All information required to submit a grant 
application is contained in this notice.

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SUMMARY: The Employment and Training Administration (ETA), U.S. 
Department of Labor (DOL), a partner in the America's Workforce 
NetworkSM (AWN), announces the availability of grant funds 
for skill training programs for unemployed and employed workers. These 
grants are financed by a user fee paid by employers to bring foreign 
workers into the U.S. under a new H-1B nonimmigrant visa. As part of 
the H-1B nonimmigrant visa program, this skills training program was 
authorized under the American Competitiveness and Workforce Improvement 
Act of 1998 (ACWIA), as amended. The grants are a long term solution to 
domestic skill shortages in high skill and high technology occupations. 
Grant awards will be made only to the extent that funds are available.
    Eligible applicants for these grants will be local Workforce 
Investment Boards (Local Boards) established under section 117 of the 
Workforce Investment Act (WIA) that will carry out such programs or 
projects through One-Stop delivery systems established under section 
121 of WIA, or regional consortia of Local Boards.
    This notice describes the application submission requirements, the 
process that eligible entities must use to apply for funds covered by 
this solicitation, and how grantees will be selected. Approximately 
$135 million is anticipated to be available for funding the projects 
covered in this solicitation process.

[[Page 19210]]


DATES: The grant policies and procedures described in these guidelines 
are effective immediately, and remain in effect until further notice. 
Funds are available for obligation by the Secretary of Labor (the 
Secretary) under 29 U.S.C. 2916. Applications for grant awards will be 
accepted immediately upon publication of this notice in the Federal 
Register. It is anticipated that review panels will begin to convene to 
evaluate applications in June 2001. Telefacsimile (FAX) applications 
will not be accepted.

ADDRESSES: Applications must be mailed to the U.S. Department of Labor, 
Employment and Training Administration, Division of Federal Assistance, 
Attention: Le Phan, SGA/DFA 01-105, 200 Constitution Avenue, NW., Room 
S-4203, Washington, DC 20210.

FOR FURTHER INFORMATION CONTACT: Questions should be faxed to Le Phan, 
Grants Management Specialist, Division of Federal Assistance, FAX (202) 
693-2879. (This is not a toll free number.) All inquiries should 
include the identifying number of this notice--SGA/DFA 01-105, and a 
contact name, FAX and phone numbers. This announcement will also be 
published on the Internet on the Employment and Training 
Administration's Home Page at http://www.doleta/gov.

SUPPLEMENTARY INFORMATION: The Employment and Training Administration 
(ETA), U.S. Department of Labor (DOL), partner in AWN, announces the 
availability of grant funds for technical skills training for employed 
and unemployed American workers. These grants are financed by a user 
fee paid by employers to bring foreign workers into the U.S. on a 
temporary basis to work in high skill or speciality occupations. As 
part of the H-1B non-immigrant visa program, this skills training 
program was established under the American Competitiveness and 
Workforce Improvement Act of 1998 (ACWIA 1998) as amended by the 
American Competitiveness in the Twentieth Century Act of 2000 (ACWIA 
2000) and companion legislation. The grants are a long term solution to 
domestic skill shortages in high skill and high technology 
occupations--raising the skill levels of American workers so they can 
take advantage of the new technology-related, high skills employment 
opportunities and, thus, helping business reduce its dependence on 
skilled foreign professionals permitted to work in the U.S. on a 
temporary basis under the H-1B visa program. Grant awards will be made 
only to the extent that funds are available.
    The Act creates a two-part eligibility and funding system for the 
new program. Seventy-five (75%) percent of the available grant funds 
will be awarded to Local Boards established under section 117 of the 
Workforce Investment Act (WIA) that will carry out such programs or 
projects through the One-Stop delivery systems established under 
section 121 of WIA, or regional consortia of Local Boards. Regional 
consortia of boards may be interstate. Each Local Board or consortium 
of boards receiving grant funds must represent a local or regional 
public-private partnership that is comprised of at least (i) one Local 
Board; (ii) one business or business-related non-profit organization 
such as a trade association; and (iii) one community-based organization 
or higher education institution or labor union. This Notice governs the 
procurement process for awarding the 75 percent funds.
    The remaining 25 percent of the available funds will be awarded to 
business partnerships that consist of at least two businesses or a 
business-related nonprofit organization that represents more than one 
business. The partnership may also include any educational, labor, 
community organization, or Local Board. Applicants for the 25 percent 
funds must explain the barriers they faced in meeting the partnership 
eligibility criteria for the 75 percent funds--for example, the 
business partnerships may be on a national, multi-state, regional or 
rural area basis (such as rural telework programs). The Solicitation 
for Grant Applications (SGA) governing the competition for the first 
round of grants for the 25 percent funds will be published in the 
Federal Register in the near future.
    Successful applicants under earlier H-1B solicitations are eligible 
to apply for grants under this competition. Current awardees are 
encouraged to indicate how their new proposals can provide a different 
approach or scope to skills training given program improvements 
developed under the current award. Consideration will be given to 
grantees which use grant funds to significantly expand their training 
program or project through such means as training more workers or 
offering more courses, or to applicants whose training programs or 
projects expand as a result of increasing collaborations--especially 
with more than one small business or with a labor-management training 
program or project.
    Applicants which were unsuccessful in securing a grant award from 
prior competitions are strongly encouraged to amend their proposals 
according to this announcement and reapply.
    America's Workforce Network is a national workforce investment and 
employment system designed to meet both the needs of the nation's 
businesses and the needs of job seekers and incumbent workers who want 
to advance their careers. ACWIA 2000 provides resources for skill 
training in high skill and high technology occupations that are in 
demand by U.S. business. One key measure of this demand is determined 
by the number of employer H-1B applications for foreign workers. For 
example, industries that appear to generate the most current H-1B 
demand are information technology (IT) and health care. Appendix B to 
this solicitation provides information on the kinds of occupations 
certified under the H-1B program by the Department of Labor for the 
first five months Fiscal Year 2000 (October 1, 1999 through February 
29, 2000) and the number of job openings certified in each occupation.
    This Notice describes the application submission requirements, the 
process that eligible entities must use to apply for funds covered by 
this solicitation, and how grantees will be selected. Approximately 
$135 million is anticipated to be available for funding the projects 
covered in this solicitation process.
    ETA is soliciting proposals for demonstration projects to provide 
technical skills training for professionals, including both employed 
and unemployed workers.
    This announcement consists of four parts:
     Part I provides background, basic DOL policies and 
emphasis, and the legislative mandate for technical skills training 
grants under Section 286(s) of INA, Section 111 of ACWIA 2000, and 
Section 214(i) of INA.
     Part II describes specific program, administrative and 
reporting requirements that will apply to all grant awards.
     Part III describes the application process.
     Part IV describes the review process and rating criteria 
that will be used to evaluate applications for funding.

Part I--Background and DOL Policies and Emphases

A. Background

    This H-1B Technical Skills Training Grant program under ACWIA will 
build on similar ETA initiatives that address the issue of skills 
shortages. These initiatives (see the ETA website at

[[Page 19211]]

www.doleta.gov/h-1b) include the June 1998 dislocated worker technology 
demonstration; the new dislocated worker technology demonstration; the 
regional skills consortium building awards announced in March 2000; the 
individual training account (ITA) demonstration grant awards announced 
in February 2000; and the skills strategies partnership training/system 
building demonstration awards in June 2000. These efforts were intended 
to strengthen linkages between employers experiencing skill shortages 
in specific occupations and the publicly-funded workforce development 
system.
    In June 1998, $7.5 million of discretionary dislocated worker funds 
were awarded to 11 organizations throughout the country to train 
workers in skills related to the information technology industry. In 
June 1999, over $9.57 million of these funds were awarded to 10 
grantees to train dislocated workers in the skills necessary to obtain 
work requiring advanced skills in occupations in manufacturing industry 
settings, including computers and electronics manufacturing, machinery 
and motor vehicles, chemicals and petroleum, specialized instruments 
and devices, and biomedics.
    On March 2, 2000, 23 awards totaling $15.2 million were announced 
for the regional skills consortium competition. Finally, this 
solicitation takes into account the experience gained from the first, 
second and third rounds of the H-1B competition for which nine awards 
totaling $12.4 million were announced on February 10, 2000; 12 awards 
totaling $29.2 million were announced on July 19, 2000; and 22 awards 
totaling $54 million were announced on October 20, 2000. Information on 
these projects can be found on the H-1B web page referenced above.

B. DOL Policies and Emphases

1. Six Basic Key Principles Underlie This Effort
    Partnership Sustainability: The grant awards will not exceed a 
duration of 24 months with an option for 12 additional months. The 
primary focus of these awards is technical skills training. ETA intends 
that regional partnerships sustain themselves over the long term and 
well after the federal resources from this initiative have been 
exhausted. The statutory 50 percent non-Federal matching requirement is 
an integral part of ensuring sustainability because the matching 
resources are expected to help extend the skills shortages training 
effort beyond the term of the grant. This partnership sustainability 
concept relates to two rating criteria: Links with Key Partners and 
Sustainability (the resources each partner offers and the role of 
external resources in building the foundation for a permanent 
partnership).
    Business Involvement: Businesses are essential partners and promote 
the need for skills requirements. Under WIA, business plays a critical, 
leadership role in planning and overseeing training and employment 
activities. WIA requires that the majority of the membership of 
voluntary State and local Workforce Investment Boards are business 
representatives, and that the State and local board chairs be drawn 
from business. For the purpose of these grants, it is imperative that 
businesses represented in the group applying for this grant include 
those with current skills shortages who intend to hire, retain, or 
promote graduates of the technical skills training program.
    Business involvement is an important component of four Rating 
Criteria: Statement of Need (assists in assessing skills shortages in 
demand in the region); Linkages with Key Partners; Sustainability 
(private sector involvement in the partnership; resources each of the 
partners offers; the role of donations in building the foundation for a 
permanent partnership), and Outcomes (businesses involved in the 
partnerships and their ability to serve as a key resource in hiring/
upgrading workers who have been trained).
    Current Skills Gap: Access to training to fill current local or 
regional skills shortages is the immediate focus of this initiative. 
Training investments should be targeted in occupational areas that have 
been identified on the basis of H-1B occupations as skills shortage 
areas. This key principle relates to two criteria: Statement of Need, 
and Service Delivery Strategy (the innovative manner in which skills 
training will meet the skill needs of the region.)
    Innovative and Effective Tools: The grantees will use innovative or 
proven tools and approaches, that may include on-the-job training, to 
close particular skills gaps and provide strategies for training that 
promote regional development. This principle relates to two criteria: 
Service Delivery Strategy in which innovation is encouraged, and Cost 
Effectiveness. Innovative training programs may result in better 
employment outcomes and higher levels of skill achieved by those 
participants for the same cost.
    Target Population: The ACWIA technical skills training is geared 
towards employed and unemployed workers who can be trained and placed 
directly in highly skilled H-1B occupations. Bonus points may be 
awarded for special efforts to include outreach to target women, 
minorities, persons with disabilities, older workers, and workers in 
rural areas. This emphasis relates to the rating criterion, Target 
Population (a discussion of the targeted populations.)
    Career Ladders: Employees at the H-1B skills level are generally 
characterized as having a Bachelor's degree or comparable work 
experience. The H-1B technical skills training is not limited to skills 
levels commensurate with a 4-year degree. It should prepare workers for 
a broad range of positions along a career ladder. ``Career ladder'' may 
generally be defined as a system of career options which encourage 
opportunities for professional growth and upward mobility. The 
technical skills training can include a broad range of positions along 
a career ladder that eventually lead to a high skills level job. Thus, 
potential trainees are not required to enter training with a 4-year 
degree. Additionally, trainees are not expected to acquire a 4-year 
degree to be successful. Career ladders create opportunities for 
individuals who may vary in experience and education levels (such as 
vocational training and Associates' degrees) to advance along a career 
ladder and qualify for H-1B related occupations.
2. Skills Shortages
    Section 414(c) of ACWIA, as amended by section 111 of ACWIA 2000, 
mandates that the grants awarded under this authority be used for 
technical skills training to employed and unemployed workers. The basis 
of the funding for the grants is a user fee paid with the H-1B visa 
application by an employer seeking highly-skilled personnel to fill 
high-skill shortages in American industries. Training must focus on 
occupations that are experiencing skills shortage in the domestic job 
market. The long-term goal of the program is to train American workers 
in the necessary/appropriate skills to fill the skills shortages in 
highly specialized industries.
3. Skills Standards
    Skills standards represent a benchmark by which an individual's 
achieved competence can be measured. Work in this area has been 
performed by private industry and trade associations, registered 
apprenticeship training systems, and public and private partnerships 
(including the Job Corps and local School-to-Work partnerships). Well-
defined skills standards can be useful tools in matching training goals

[[Page 19212]]

to targeted occupational areas. Applicants are encouraged to survey the 
progress to date in developing occupational skills standards in their 
communities, such as establishing a clearly defined set of expectations 
for the requisite capabilities of workers.
    As noted earlier, the definition of the minimum proficiency level 
required to be considered an H-1B occupation, contained in section 214 
(i), 8 U.S.C. 1184 (i) of the Immigration and Naturalization Act (INA), 
speaks to a very high skills level for these ``specialty occupations''. 
These are occupations that require ``theoretical and practical 
application of a body of highly specialized knowledge,'' and full state 
licensure to practice in the occupation (if it is required). These 
occupations also must require either completion of at least a 
bachelor's degree or experience in the specialty equivalent to the 
completion of such degree and recognition of expertise in the specialty 
through progressively responsible positions relating to the specialty.
4. Regional Planning
    Applicants must describe the local area or region that will be 
served with particular emphasis on its skills shortages. Applicants are 
encouraged to ascertain current labor force and industry data to 
reflect the skills shortages in their region. The proposal also must 
identify the political jurisdictions to be included and provide an 
enumeration of the specific local areas that are served under WIA. 
Although comprehensive occupational vacancy data is unavailable, 
current H-1B applicant data should be utilized to the extent feasible 
to describe occupational shortages. Attachment B to this solicitation 
is a listing by occupations for which H-1B visas are being sought as 
shown by the most current H-1B applicant data. Requests for H-1B visas 
for the applicant's region may reflect a skills shortage of those 
occupations, as well.
    Applicants are encouraged to utilize all available State and local 
data, including that provided by area businesses and business 
associations, in making determinations of regional shortages. 
Applicants are encouraged to analyze data made available by their State 
labor market information (LMI) director, the Bureau of Labor Statistics 
(BLS), and through the local One-Stop delivery system.
5. Service Delivery and Supportive Services
    Applicants should carefully describe the skills training that will 
be provided under the grant in the context of the goals that are to be 
achieved by participants. Section 111(c)(4)(A) of ACWIA 2000 states 
that consideration will be given to applicants who commit to provide at 
least one of three target outcomes for participants who complete 
training. These outcomes are the hiring of unemployed trainees, 
increased wages or salaries of employed workers, and skill certificates 
documenting skills acquisition or a link to industry accepted 
occupational skill standards, certificates, or licensing requirements.
    ACWIA 2000 requires that at least 80 percent of grants be awarded 
to projects which target occupations in high technology, information 
technology and biotechnology. For example, this includes skills needed 
for software and communications services, telecommunications, systems 
installation and integration, computers and communications hardware, 
advanced manufacturing, health care technology, biotechnology and 
biomedical research and manufacturing, and innovation services. Not 
more than 20 percent of the available funds may be awarded for training 
in any single specialty occupation, as defined by section 214(i) of the 
INA. A response to the Statement of Work criterion should provide a 
detailed discussion of the kinds of training to be provided and the 
mechanisms to be used to provide it. Applicants must include in their 
work statement a discussion of the types of skills training being 
provided, the targeted skills levels, how the skills will be measured, 
and how skills shortages in the local area or region will be met 
through this training.
    The Employment and Training Administration anticipates that 
applicants may need to make a range of supportive services available to 
enhance the quality and effectiveness of the skill training provided 
under the grant. Grant funds may not be used to provide supportive 
services. Appropriately focused services, as defined by section 101(46) 
of WIA--such as transportation or child care--are considered as 
important enhancements to the technical skills training package.
    Federal resources such as co-enrollment in WIA while participating 
in ACWIA 2000 training for supportive services clearly cannot be 
counted toward the matching requirement, but are clearly desirable 
features of these projects. Successful applicants are encouraged to 
leverage such Federal resources as part of making the technical skills 
training more effective.
    In order to provide these resources, applicants should build 
linkages to the One-Stop Career Center network created under America's 
Workforce Network to reach out, inform, and recruit individuals to 
participate in the H-1B-financed skill training.
    The central role of the Local Boards in the planning and policy 
activity surrounding these grants is critical. WIA requires the Local 
Board to prepare a strategic workforce investment plan for the area 
that it embraces. The Local Board also designates One-Stop service 
center operators and selects eligible training providers. In short, 
Local Boards already are engaged in much of the necessary work that 
could provide a solid foundation for the training activities to be 
undertaken in ACWIA 2000.

Part II--Requirements

A. Eligible Participants

    Training funded by a grantee may be both for persons who are 
currently employed and who wish to obtain and upgrade skills and for 
persons who are unemployed. The aim of the skills training is to place 
employed and unemployed workers in highly skilled H-1B related 
occupations. Applicants are encouraged to include efforts to outreach 
to target populations such as women, minorities, persons with 
disabilities, older workers, workers in rural areas, and other under-
represented groups.

B. Administrative Requirements

1. General
    Grantee organizations will be subject to: ACWIA 2000; these 
guidelines; the terms and conditions of the grant and any subsequent 
modifications; applicable Federal laws (including provisions in 
appropriations law); and any applicable requirements listed below--
    a. Workforce Investment Boards--20 Code of Federal Regulations 
(CFR) Part 667, published in the Federal Register on Friday, August 11, 
2000 (Administrative Costs).
    b. Non-Profit Organizations--Office of Management and Budget (OMB) 
Circulars A-122 (Cost Principles) and 29 CFR Part 95 (Administrative 
Requirements).
    c. Educational Institutions--OMB Circulars A-21 (Cost Principles) 
and 29 CFR Part 95 (Administrative Requirements).
    d. State and Local Governments--OMB Circulars A-87 (Cost 
Principles) and 29 CFR Part 97 (Administrative Requirements).
    e. Profit Making Commercial Firms--Federal Acquisition Regulation 
(FAR)--48 CFR Part 31 (Cost Principles), and 29 CFR Part 95 
(Administrative

[[Page 19213]]

Requirements). In addition, the audit requirements at 20 CFR 627.480 
apply to commercial recipients.
    f. All entities must comply with 29 CFR Parts 93 and 98, and, where 
applicable, 29 CFR Parts 96 and 99.
2. Administrative Costs
    ACWIA 2000 Section 111(c)(6) provides that an entity that receives 
a grant to carry out a program or project under section 414(c)(1)(A) of 
ACWIA may not use more than 10 percent of the amount of the grant to 
pay administrative costs associated with the program or project.
3. Start Up Costs
    ACWIA 2000 Section 111(c)(3) limits the amount of start-up costs of 
partnerships or new training projects which may be charged to these 
grants. Except for partnerships of small businesses, the limit is five 
(5) percent of any single grant or costs not to exceed $75,000. For 
partnerships consisting primarily of small businesses, the limit is ten 
(10) percent of the cost allocable for a single grant or a maximum of 
$150,000.

C. Reporting Requirements

    The grantee is required to provide the reports and documents listed 
below:
     Quarterly Financial Reports. The grantee must submit to 
the Grant Officer's Technical Representative (GOTR) within the 30 days 
following each quarter, two copies of a quarterly Financial Status 
Report (Standard Form 269) until such time as all funds have been 
expended or the period of availability has expired.
     Progress Reports. The grantee must submit a narrative with 
the quarterly reports to the GOTR within the 30 days following each 
quarter. Two copies are to be submitted providing a detailed account of 
activities undertaken during that quarter including:
    a. A discussion of the occupational areas for which skills training 
is being provided;
    b. Job placements in skills shortage occupations of both employed 
and unemployed workers;
    c. Wage increases in skills shortage occupations of both employed 
and unemployed workers;
    d. Number of promotions by participants who have completed the 
skills training program; and,
    e. An indication of any current problems which may affect 
performance and proposed corrective action.
     Final Report. A draft final report which summarizes 
project activities and employment outcomes and related results of the 
demonstration must be submitted no later than the expiration date of 
the grant. Three copies of the final report must be submitted no later 
than 60 days after the grant expiration date.

D. Evaluation

    As required by ACWIA 2000, applications must include an agreement 
that the program or project shall be subject to evaluation by the 
Secretary of Labor to measure its effectiveness. To learn from these 
skill training grants, ETA will arrange for or conduct an independent 
evaluation of the outcomes, impacts, and benefits of the demonstration 
projects. Evaluation findings will help ETA identify promising 
practices and approaches that will be disseminated throughout America's 
Workforce Network. Grantees must agree to make records on participants, 
employers and funding available and to provide access to program 
operating personnel and to participants, as specified by the 
evaluator(s) under the direction of ETA, including after the period of 
operation.

Part III--Application Process

A. Eligible Applicants

    Section 111(c)(2)(A)(i) of ACWIA 2000 specifies that the Secretary 
shall, in consultation with the Secretary of Commerce, subject to the 
availability of funds in the H-1B Nonimmigrant Petitioner Account, 
award 75 percent of the grants to Local Boards established under 
section 116(b) or 117 of the WIA, 29 U.S.C. 2831(b) and 2832, or 
consortia of such Boards in a region. Consortia can cross state lines 
or involve more than one state-wide Local Board.
    Each Local Board or consortium of boards receiving grant funds must 
represent a local or regional public-private partnership consisting of 
at least one Local Board; one business or business-related non-profit 
organization such as a trade association and one community-based 
organization (which may be a faith-based organization), or higher 
education institution, or labor union.
    The activities of the local or regional public-private partnership 
must be conducted in coordination with the activities of the relevant 
Local Board or Boards established under WIA, 29 U.S.C. 2832. ACWIA 2000 
requires that each partnership designate a fiscal agent responsible for 
being the recipient of grant funds.
    Under this announcement, only Local Boards (through their 
designated fiscal agents) and consortia of Local Boards may apply for 
and receive these grant awards. This requirement does not prevent the 
participation of other partners or concerned entities which are 
integral to the process of planning for and conducting skills training 
in skills shortage areas.
    Applicants are encouraged to collaborate, as other participating 
partners, with entities that possess a sound grasp of the job 
marketplace in the region and are in a position to address the issue of 
skills shortage occupations. These entities include organizations such 
as private, for-profit businesses--including small and medium-size 
businesses; business, trade, or industry associations such as local 
Chambers of Commerce and small business federations; and labor unions. 
These entities should include businesses and business associations 
which have experienced first hand the problems of coping with skill 
shortages and which employ workers engaged in skill shortage 
occupations.
    This notice will not prescriptively define the roles of individual 
entities within the partnership beyond requiring that the Local Boards 
or consortia be the applicant and designate a fiscal agent for 
receiving grant funds, as stated in ACWIA 2000. The applicant's 
proposal is expected to provide a detailed discussion of participating 
organizations' respective responsibilities. As required by ACWIA, ETA 
will give consideration in awarding grants to any proposal which 
includes and directly benefits two or more small businesses (100 
employees or less).
    Based on ETA's experience, regional partnerships that actively 
engage a wide range of participation from community groups--
particularly with strong private employer involvement--appear to be 
more successful. Applicants generally are encouraged to include a broad 
spectrum of stakeholder groups, including businesses, in their 
partnership effort. Consortia of Local Boards representing more than 
one area that share common economic goals may join together as one 
applicant rather than applying individually.
    The application must clearly identify the applicant (or the fiscal 
agent), the grant recipient (and/or fiscal agent), and describe its 
capacity to administer this project. It must also indicate that the 
project is consistent with and will be coordinated with the activities 
of the relevant Local Board or Boards and with the other partners in 
the workforce investment system(s) that are involved in technical 
skills activities in the relevant region(s).
    According to Section 18 of the Lobbying Disclosure Act of 1995, an 
organization described in Section 501(c)(4) of the Internal Revenue 
Code

[[Page 19214]]

of 1986 that engages in lobbying activities will not be eligible for 
the receipt of federal funds constituting an award, grant, or loan.

    Note: Except as specifically provided in this Notice, DOL/ETA's 
acceptance of a proposal and an award of federal funds to sponsor 
any program(s) does not provide a waiver of any grant requirements 
and/or procedures. For example, the OMB Circulars require and an 
entity's procurement procedures must require that all procurement 
transactions are conducted, as much as practical, to provide open 
and free competition. If a proposal identifies a specific entity to 
provide services, the DOL/ETA's award does not provide the 
justification or basis to sole-source the procurement, i.e., it does 
not authorize the applicant to avoid competition when procuring 
these services.

    Part IV of this announcement enumerates and defines in depth a 
series of criteria that will be utilized to rate applicant submissions. 
These criteria are:

    A. Statement of Need
    B. Service Delivery Strategy
    C. Target Population
    D. Sustainability
    E. Linkages with Key Partners
    F. Outcomes
    G. Cost Effectiveness

B. Submission of Proposals

    Applicants must submit four (4) copies of their proposal, with 
original signatures. The proposal must consist of two (2) separate and 
distinct parts, Parts I and II.
    Part I of the proposal must contain the Standard Form (SF) 424, 
``Application for Federal Assistance'' (Appendix C) and the Budget 
Information Form (Appendix D). Upon confirmation of an award, the 
individual signing the SF 424 on behalf of the applicant shall 
represent the responsible financial and administrative entity.
    In preparing the Budget Information form, the applicant must 
provide a concise narrative explanation to support the request. The 
statutory language of ACWIA 2000 is specific in stating that grant 
resources are to be expended for programs or projects to provide 
technical skills training. The administrative costs are limited to no 
more than 10 percent of the request and must clearly support the goals 
of the project. An illustrative, but not exclusive, list of allowable 
and allocable types of administrative costs are provided in the WIA 
regulations at 20 CFR 667.200. In general, however, this grant does not 
contemplate or permit the purchase of capital equipment. The budget 
narrative should discuss precisely how the administrative costs support 
the project goals.
    Part II must contain a technical proposal that demonstrates the 
Applicant's capabilities in accordance with the Statement of Work. A 
grant application is limited to twenty-five (25) double-spaced, single-
sided, 8.5 inch  x  11 inch pages with 1-inch margins. The Applicant 
may provide resumes, a staffing pattern, statistical information and 
related material in attachments which may not exceed fifteen (15) 
pages. Although not required, letters of commitment from partners or 
from those providing matching resources may be submitted as 
attachments. Such letters will not count against the allowable maximum 
page total. The applicant must briefly itemize those participating 
entities in the text of the proposal. Text type shall be 11 point or 
larger. Applications that do not meet these requirements will not be 
considered. Each application must include a Time Line outlining project 
activities and an Executive Summary that is not to exceed two pages. 
The Time Line and the Executive Summary do not count against the 25 
page limit. No cost data or reference to prices should be included in 
the technical proposal.

C. Hand Delivered Proposals

    Hand delivered proposals will be received at the address identified 
above. Telegraphed and/or faxed proposals will not be accepted. Failure 
to adhere to the above instructions will be considered as non-
responsive.

D. Period of Performance

    The initial period of performance will be up to 24 months from the 
date of execution of the grant documents. It is anticipated that about 
$135 million will be disbursed based on this notice for the coming 
year. It is anticipated that individual awards will not exceed 
$3,000,000. ETA may elect to exercise its option to extend these grants 
for an additional period not to exceed 12 months, based on the 
availability of funding and success of the program.

E. Definitions

    For purposes of this solicitation:
    Technical skills training may be generally defined as the 
``training services'' described in Section 134(d)(4)(D) of WIA. The H-
1B Technical Skills Training Grant emphasizes training in high-demand, 
high-level skills to individuals where there is a shortage of qualified 
workers. Training may include a combination of academic and work-place 
learning, including on-the-job training, and instruction, as well as 
customized training curricula developed in partnership with an employer 
(or group of employers). Training may be tailored to meet the needs of 
individual participants and successful completion of a program must be 
accompanied by an employer's commitment to hire those trainees.
    Region may be defined as an area which exhibits a commonality of 
economic interest. A region may comprise of more than one labor market 
area or one large labor market, one labor market area joined together 
with adjacent rural districts, special purpose districts, and 
contiguous and non-contiguous Local Boards. A region may be either 
intrastate or interstate, and may be coterminous with a single Local 
Board.
    Career Ladders may generally be defined as a system of career 
options which encourage opportunities for professional growth and 
upward mobility. It may be defined for the purposes of this Notice as a 
training and career path that may not directly result in the 
replacement of an H-1B visa-holder with a qualified domestic worker, 
but a path that provides skills which may eventually lead to 
replacement of such workers for positions in high technology, 
information technology, and biotechnology and other H-1B occupations. 
This training may include the skills needed for software and 
communication services, telecommunications, systems installation and 
integration, computers and communications hardware, advanced 
manufacturing, health care technology, bio-technology and biomedical 
research and manufacturing and innovation services.
    Older Workers are those who meet the age standard prescribed in the 
Older Americans Act--fifty-five years or older--who are seeking full-
time employment.

F. Sustainability

    Applicants must demonstrate the ability to provide resources 
equivalent to at least 50 percent of the grant award amount as a match. 
This statutory match may be provided in cash or in kind and federal 
resources may not be counted against the matching requirement. ETA 
encourages the provision of essential capital equipment, such as 
computers and furniture, as part of the match. The amount and nature of 
the match must be clearly described in the application.
    The 50 percent matching requirement is designed to assist grantees 
in initiating sustainability for the proposed project. The Department 
is particularly interested that the applicants demonstrate clear 
evidence that

[[Page 19215]]

matching resources will sustain training activities after the 
expiration of the grant. Although matches may be one-time occurrences, 
applicants are encouraged to seek partnerships that reflect a 
commitment, financially and non-financially, to the future success of 
the proposed program.

Part IV--Review Process and Rating Criteria

A. The Review Process

    Applications for the H-1B technical skills training grants will be 
accepted continuously after the publication of this announcement. 
Technical review panels will meet periodically on an as-needed basis, 
given the number of applications and the availability of funds.
    The technical review panel will make careful evaluation of 
applications against the criteria below. Final funding decisions will 
be based on the rating of applications as a result of the review 
process, and other factors such as statutory requirements (urban/rural 
balance, geographic balance, the requirement that at least 80 percent 
of funds be awarded for high technology, information technology, and 
biotechnology occupational training and that not more than 20 percent 
of funds be available for training in any single specialty occupation), 
availability of funds, and what is most advantageous to the Government. 
These decisions will be made in consultation with the Department of 
Commerce. The panel results are advisory in nature and not binding on 
the Grant Officer. The Government may elect to award the grant(s) with 
or without the discussions with the offeror(s). In situations without 
discussions, an award will be based on the offeror's signature on the 
SF 424, which constitutes a binding offer.
    The rated applications will be placed in the following categories:
    (1) If the application receives a rating of 80 and above, it will 
be placed on an eligible to be funded list. The applicant will remain 
on this list for 9 months before resubmittal is required. Applicants in 
this category may require further discussions. Inclusion on this list 
is not a guarantee of funding.
    (2) If the application receives a rating of 79 and below, the 
applicant will be eligible to receive technical assistance through 
group workshops in areas such as:
     Grant Writing
     Partnership Building/Linkages
     Administrative Requirements
     Service Delivery Strategies
    (3) Those applications receiving rating of 70-79 will also be 
eligible to receive additional on-site technical assistance.
    All applicants will receive written notice of their rating which 
will include a summary of their strengths and weaknesses in the 
application at the conclusion of the review process.

B. Rating Criteria

1. Statement of Need (15 points)
    ACWIA 2000 is a response to skills shortages around the country in 
specific occupations. The most recent H-1B application data are 
provided as an attachment to this solicitation. Applicants should 
clearly describe the local area or region for which services are to be 
provided and the skills shortages prevalent in the region.
    Applicants are encouraged to utilize all available data resources 
to assure that its description of need is relevant to local labor 
market shortages. Information can include, but is not limited to, State 
labor market information, H-1B applications, newspaper want ads, 
expressed employer hiring demands, and information from One-Stop 
system, in responding to this criterion. Descriptive items about the 
local area or region, such as rural or urban, should be included. (What 
high technology needs and opportunities exist in the region? What are 
the particular characteristics of the local political, economic and 
administrative jurisdictions--Local Boards, labor market areas, or 
special district authorities--that led them to associate for the 
purpose of this application?)
    A general description of the local area or region should include 
socioeconomic data, with a particular focus on the general education 
and skills level prevalent in the area. Applicants are encouraged to 
include information such as transportation patterns, and statistical 
and demographic information (e.g., age and income data). Other germane 
questions that will provide greater depth of description include: What 
is the general business environment? What industries and occupations 
are growing and declining? What types of skills are being sought in the 
local area or region by the major employers in general, and the 
partnership member companies, in particular?
2. Service Delivery Strategy (25 points)
    Applicants must lay out a comprehensive strategy for providing the 
technical skills training that is mandated as the core activity of 
these grant awards. A brief discussion of the impact of skills training 
in response to the identified skills shortages of the region should be 
included. Specific issues that must be addressed as part of this 
section include:
     The range of potential training providers, the types of 
skills training that will be offered, how the training will meet the 
local area or regional skills needs, and how the training will be 
provided.
     What steps will be taken to reach out to the 
community(ies)? to provide information about the project and planned 
training activities.
     How will the types of training planned for project 
participants be determined.
    We encourage applicants to be innovative in the training services 
they provide. Innovation in the context of service delivery can 
represent a wide variety of items. Innovation may be implemented in the 
manner in which training services are provided--e.g., distance learning 
to provide instruction, interactive video self-instructional materials, 
and flexible class scheduling (sections of the same class scheduled at 
different times of the day to accommodate workers whose schedules 
fluctuate). Creativity in developing the service strategy is also 
encouraged.
3. Target Population (10 points, 5 bonus points)
    The eligibility criteria for skills training enumerated in ACWIA 
2000 are extremely broad and include employed and unemployed workers. 
This section should clearly identify the targeted workers, including 
their characteristics and explain why they are targeted. A discussion 
of what assessment procedures are to be used is critical. The applicant 
should address some specific issues relating to the target employed 
worker population such as:
     How many employed workers will be targeted for services 
and why.
     What are the technical skills training needs of those 
workers to fulfill skills shortage occupations?
     It is extremely important that the selection process for 
workers, both employed and unemployed, be carefully described to make 
it clear how those individuals will be determined to possess the 
capacity after the completion of training to accept jobs that 
previously were filled via the H-1B visa process. In the case of 
unemployed workers, there needs to be an extensive discussion of the 
criteria to be used to assess and enroll individuals.
     In particular, the applicant should describe the outreach 
methods to target minorities, women, individuals with disabilities, 
older workers, and individuals in rural areas meet these standards. 
Applicants who effectively

[[Page 19216]]

target such workers will be awarded up to 5 additional points.
4. Sustainability (10 points)
    Applicants must demonstrate a statutory 50 percent match to the 
resources for proposed projects. Matches may either be in cash or in 
kind and federal resources may not be counted against the matching 
requirement. Applicants must describe to what extent the partners 
provide matching funds or services and how this contribution assists in 
building the foundation for a permanent partnership, i.e., 
sustainability. Matching resources and partnerships are considered an 
integral element of the project, as they support and strengthen the 
quality of the technical skills training provided and contribute 
materially toward sustainability.
    ACWIA 2000 technical skills training grant resources are limited to 
raising the skills levels of individuals to fill high skills H-1B 
occupations. Applicants will be given preference for identifying other 
resources both Federal and non-Federal, because they can contribute 
materially toward quality outcomes and sustainability. (Note that 
although Federal resources may not be counted as match, they may be 
counted to demonstrate the project sustainability.) Applicants are also 
encouraged to establish relationships with State Workforce Investment 
Boards and relevant state agencies, as they may provide valuable 
assistance and resources that can contribute to the success of a 
proposed project. Applicants should enumerate these resources in this 
section to support their discussion of sustainability and also describe 
any specific existing contractual commitments. The sustainability issue 
can be addressed by providing concrete evidence that activities 
supported by the proposal will be continued after the expiration date 
of the grant by using other public or private resources.
5. Linkages with Key Partners (15 points)
    The application must show the partnership requested by Section 
111(c)(2)(A)(i)(I)-(III) of ACWIA 2000 (a Local Board or consortium of 
Local Boards; one community-based organization, higher education 
institution, or labor union; and one business or business-related 
nonprofit organization such as a trade association). ETA encourages and 
will give consideration to applications that go beyond the minimum 
requirements of the statute and show broader partnerships. The 
applicant should identify the partners and how they will interact 
together, i.e., what role each will play and what resources each 
partner will offer. In particular, this section should identify 
partnerships with the private and public sectors, including ties with 
small- and medium-sized businesses and small business federations. The 
Service Delivery Strategy section of the Statement of Work describes 
the role of each of the actors in delivering the proposed services, 
while this section is intended to look at the linkages from a more 
structural perspective with particular emphasis on the employers in the 
consortium that are experiencing skills shortages.
    ETA also is interested in the extent of the involvement of small 
businesses in the partnership. Consideration will be given to any 
partnership that involves and directly benefits more than one small 
business (each consisting of 100 employees or less).
6. Outcomes (15 points)
    Applicants must describe the predicted outcomes resulting from this 
training. It is estimated that the projected results will be somewhat 
varied given the broad range of people who will probably be served. For 
example, employed workers are more likely to be trained to achieve a 
higher skills level than most unemployed workers. Their success can be 
determined through placements in H-1B skills shortage occupations, 
increased wages, or skills attainment in H-1B occupations, or in 
training for or placement in positions on a career ladder toward such 
skills attainment.
    There are, however, unemployed workers, including dislocated 
workers who have been laid off permanently from their jobs through no 
fault of their own, who may well already possess a very high skills 
level. They could receive additional technical skills training to 
enhance their skills. The outcomes for this group may be projected in 
terms of gaining new employment and skills attainment.
    Outcomes for employed workers may be at a somewhat higher level 
than for those unemployed workers who do not possess similar skills at 
the outset. Because of the differing skill levels and backgrounds of 
participants in an H-1B training program, the outcomes section should 
discuss gains attained for individual participants in context of their 
backgrounds and skill levels when they entered. Therefore, the focus of 
the discussion in this section should emphasize very specifically the 
benefits that occur because of the training. For example, an applicant 
might state that a certain skills level is projected for a given group 
and indicate what change in skills that represents and how that might 
translate into an increase in earnings.
    The application must identify what occupations will be trained in 
this grant. Please identify each occupation in terms of skills in high 
technology, information technology and biotechnology, including skills 
needed for software and communication services, telecommunications, 
systems installation and integration, computers and communications 
hardware, advanced manufacturing, health care technology, bio-
technology and biomedical research and manufacturing and innovation 
services.
    Consideration in the award of grants will be given to applicants 
which commit to achieving one or more of the following outcome goals 
upon successful completion of a training program:
    (1) The hiring of unemployed trainees (if applicable);
    (2) Increases in the wages or salaries of already employed trainees 
(if applicable); and
    (3) Awards of skills certifications to trainees or links the 
trainees to industry-accepted occupational skill standards, 
certificates or licensing requirements.
7. Cost Effectiveness (10 points)
    Applicants will provide a detailed cost proposal, including a 
discussion of the expected cost effectiveness of their proposal in 
terms of the expected cost per participant compared to the expected 
benefits for these participants. Applicants should address the 
employment outcomes, increased salary, promotion or retention and the 
levels of skills to be achieved (such as attaining State licensing in 
an occupation) relative to the amount of training that the individual 
needed to receive to achieve those outcomes. Benefits can be described 
both qualitatively in terms of skills attained and quantitatively in 
terms of wage gains.
    Cost effectiveness may be demonstrated in part by cost per 
participant and cost per activity in relation to services provided and 
outcomes to be attained. This section MUST contain a detailed 
discussion of the size, nature, and quality of the non-Federal match. 
Proposals not presenting a detailed discussion of the non-Federal match 
or not meeting the statutory 50 percent match requirement will be 
considered non-responsive and will not be considered.
    The application must specify a management entity, a staffing 
pattern, the resumes of major staff members and

[[Page 19217]]

detailed descriptions of the roles of various entities participating in 
the partnership. Each application must designate an individual who will 
serve as project director and who will devote a substantial portion of 
his/her time to the project, which may be defined as at least 40 
percent. A short portion of this discussion should describe the 
organizational capacity and track record in high skill training and 
related activities of the primary actors in the partnership.

    Signed in Washington, D.C., this 4th day of April 2001.
Laura A. Cesario,
Grant Officer, Division of Federal Assistance.
Appendix A--Legislative Mandate
Appendix B--Selected H-1B Professional, Technical and Managerial 
Occupations, and Fashion Models: Number of Job Openings Certified by 
the U.S. Department of Labor, Fiscal Year 2000 (Oct. 1, 1999-
February 29, 2000)
Appendix C--(SF) 424-Application Form
Appendix D--Budget Information Form

Appendix A--Legislative Mandate

(1) ACWIA and ACWIA 2000

    The relevant portions of ACWIA 2000 dealing with the 
establishment of a fund for implementing a program of H-1B skills 
training grants are as follows:

``Section 286(s)--H-1B Nonimmigrant Petitioner Account (as Amended)

    (1) In General--There is established in the general fund of the 
Treasury a separate account, which shall be known as the `H-1B 
Nonimmigrant Petitioner Account.' Notwithstanding any other section 
of this title, there shall be deposited as offsetting receipts into 
the account all fees collected under 8 U.S.C. 1184 (c)(9)(section 
214(c)(9)).
    (2) Use of Fees for Job Training--55 percent of amounts 
deposited into the H-1B Nonimmigrant Petitioner Account shall remain 
available to the Secretary of Labor until expended for demonstration 
programs and projects described in section 414(c) of the American 
Competitiveness and Workforce Improvement Act of 1998.''
    ``Sec. 111. Demonstration Programs and Projects to Provide 
Technical Skills Training for Workers.
    Section 414(c) of the American Competitiveness and Workforce 
Improvement Act of 1998 (as contained in title IV of division C of 
Public Law 105-277; 112 Stat. 2681-653) is amended to read as 
follows:
    (c) Demonstration Programs and Projects to Provide Technical 
Skills Training for Workers.--
    (1) In General.--
    (A) Funding.--The Secretary of Labor shall use funds available 
under section 286(s)(2) of the Immigration and Nationality Act (8 
U.S.C. 1356(s)(2)) to establish demonstration programs or projects 
to provide technical skills training for workers, including both 
employed and unemployed workers.
    (B) Training Provided.--Training funded by a program or project 
described in subparagraph (A) shall be for persons who are currently 
employed and who wish to obtain and upgrade skills as well as for 
persons who are unemployed. Such training is not limited to skills 
levels commensurate with a four-year undergraduate degree, but 
should include the preparation of workers for a broad range of 
positions along a career ladder. Consideration shall be given to the 
use of grant funds to demonstrate a significant ability to expand a 
training program or project through such means as training more 
workers or offering more courses, and training programs or projects 
resulting from collaborations, especially with more than one small 
business or with a labor-management training program or project. The 
need for the training shall be justified through reliable regional, 
State, or local data.
    (2) Grants.--
    (A) Eligibility.--To carry out the programs and projects 
described in paragraph (1)(A), the Secretary of Labor shall, in 
consultation with the Secretary of Commerce, subject to the 
availability of funds in the H-1B Nonimmigrant Petitioner Account, 
award--
    (i) 75 percent of the grants to a local workforce investment 
board established under section 116(b) or section 117 of the 
Workforce Investment Act of 1998 (29 U.S.C. 2832) or consortia of 
such boards in a region. Each workforce investment board or 
consortia of boards receiving grant funds shall represent a local or 
regional public-private partnership consisting of at least--
    (I) One workforce investment board;
    (II) One community-based organization or higher education 
institution or labor union; and
    (III) One business or business-related non-profit organization 
such as a trade association: Provided, That the activities of such 
local or regional public-private partnership described in this 
subsection shall be conducted in coordination with the activities of 
the relevant local workforce investment board or boards established 
under the Workforce Investment Act of 1998 (29 U.S.C. 2832); and
    (ii) 25 percent of the grants under the Secretary of Labor's 
authority to award grants for demonstration projects or programs 
under section 171 of the Workforce Investment Act (29 U.S.C. 2916) 
to partnerships that shall consist of at least 2 businesses or a 
business-related nonprofit organization that represents more than 
one business, and that may include any educational, labor, community 
organization, or workforce investment board, except that such grant 
funds may be used only to carry out a strategy that would otherwise 
not be eligible for funds provided under clause (i), due to barriers 
in meeting those partnership eligibility criteria, on a national, 
multi state, regional, or rural area (such as rural telework 
programs) basis.
    (B) Designation of Responsible Fiscal Agents.--Each partnership 
formed under subparagraph (A) shall designate a responsible fiscal 
agent to receive and disburse grant funds under this subsection.
    (C) Partnership Considerations.--Consideration in the awarding 
of grants shall be given to any partnership that involves and 
directly benefits more than one small business (each consisting of 
100 employees or less).
    (D) Allocation of Grants.--In making grants under this 
paragraph, the Secretary shall make every effort to fairly 
distribute grants across rural and urban areas, and across the 
different geographic regions of the United States. The total amount 
of grants awarded to carry out programs and projects described in 
paragraph (1)(A) shall be allocated as follows:
    (i) At least 80 percent of the grants shall be awarded to 
programs and projects that train employed and unemployed workers in 
skills in high technology, information technology, and 
biotechnology, including skills needed for software and 
communications services, telecommunications, systems installation 
and integration, computers and communications hardware, advanced 
manufacturing, health care technology, biotechnology and biomedical 
research and manufacturing, and innovation services.
    (ii) No more than 20 percent of the grants shall be available to 
programs and projects that train employed and unemployed workers for 
skills related to any single specialty occupation, as defined in 
section 214(i) of the Immigration and Nationality Act.
    (3) Start-up funds.--
    (A) In General.--Except as provided in subparagraph (B), not 
more than 5 percent of any single grant, or not to exceed $75,000, 
whichever is less, may be used toward the start-up costs of 
partnerships or new training programs and projects.
    (B) Exception.-- In the case of partnerships consisting 
primarily of small businesses, not more than 10 percent of any 
single grant, or $150,000, whichever is less, may be used toward the 
start-up costs of partnerships or new training programs and 
projects.
    (C) Duration of Start-up Period.--For purposes of this 
subsection, a start-up period consists of a period of not more than 
2 months after the grant period begins, at which time training shall 
immediately begin and no further Federal funds may be used for 
start-up purposes.
    (4) Training Outcomes.--
    (A) Consideration for Certain Programs and Projects.--
Consideration in the awarding of grants shall be given to applicants 
that provide a specific, measurable commitment upon successful 
completion of a training course, to--
    (i) Hire or effectuate the hiring of unemployed trainees (where 
applicable);
    (ii) Increase the wages or salary of incumbent workers (where 
applicable); and
    (iii) Provide skill certifications to trainees or link the 
training to industry-accepted occupational skill standards, 
certificates, or licensing requirements.
    (B) Requirements for Grant Applications.-- Applications for 
grants shall--
    (i) Articulate the level of skills that workers will be trained 
for and the manner by which attainment of those skills will be 
measured;
    (ii) Include an agreement that the program or project shall be 
subject to evaluation by the Secretary of Labor to measure its 
effectiveness; and
    (iii) In the case of an application for a grant under subsection 
(c)(2)(A)(ii), explain what barriers prevent the strategy from being 
implemented through a grant made under subsection (c)(2)(A)(i).

[[Page 19218]]

    (5) Matching Funds.--Each application for a grant to carry out a 
program or project described in paragraph (1)(A) shall state the 
manner by which the partnership will provide non-Federal matching 
resources (cash, or in-kind contributions, or both) equal to at 
least 50 percent of the total grant amount awarded under paragraph 
(2)(A)(i), and at least 100 percent of the total grant amount 
awarded under paragraph (2)(A)(ii). At least one-half of the non-
Federal matching funds shall be from the business or businesses or 
business-related nonprofit organizations involved. Consideration in 
the award of grants shall be given to applicants that provide a 
specific commitment or commitments of resources from other public or 
private sources, or both, so as to demonstrate the long-term 
sustainability of the training program or project after the grant 
expires.
    (6) Administrative Costs.--An entity that receives a grant to 
carry out a program or project described in paragraph (1)(A) may not 
use more than 10 percent of the amount of the grant to pay for 
administrative costs associated with the program or project.

(2) INA

    The Immigration and Nationality Act (INA)(section 
101(a)(15)(H)(i)(b))(8 U.S.C 1101 (a)(15)(H)(i)(B)) defines the H-1B 
alien as one ``who is coming temporarily to the United States to 
perform services in a specialty occupation * * * or as a fashion 
model * * *.''
    The INA (Section 214(i)) sets criteria to define the term 
``specialty occupation:''
    (1) For purposes of section 1101(a)(15)(H)(i)(b) and paragraph 
2, a ``specialty occupation'' means an occupation that requires--(A) 
theoretical and practical application of a body of highly 
specialized knowledge and,
    (B) Attainment of a bachelor's or higher degree in the specific 
specialty (or its equivalent) as a minimum for entry into the 
occupation in the United States.
    (2) For purposes of section 1101(a)(15)(H)(i)(b)), the 
requirements of this paragraph with respect to a specialty 
occupation are--(A) full state licensure to practice in the 
occupation, if such licensure is required to practice in the 
occupation,
    (B) Completion of the degree described in paragraph (1)(B) for 
the occupation, or
    (C)(i) Experience in the specialty equivalent to the completion 
of such degree, and (ii) recognition of expertise in the specialty 
through progressively responsible positions relating to the 
specialty.

Appendix B--Selected H-1B Professional, Technical and Managerial 
Occupations, and Fashion Models: Number of Job Openings Certified by 
the U.S. Department of Labor, Fiscal Year 2000 (Oct. 1, 1999-February 
29, 2000)

------------------------------------------------------------------------
                                                   No. of
               Occupational title                 openings  Occupational
                                                 certified      code
------------------------------------------------------------------------
Occupations In Systems.........................    360,745          076
Analysis And Programming Therapists............    181,665          160
Accountants, Auditors, And Related Occupations.     35,665          039
Other Computer-Related Occupations.............     28,529          003
Electrical/Electronic Engineering Occupations..     16,859          070
Physicians And Surgeons........................     11,264          019
Other Occupations In Architecture, Engineering      11,175          090
 And...........................................
Occupations In College And University Education      9,028          199
 Miscellaneous Professional, Technical, And          8,964          189
 Manager.......................................
Miscellaneous Managers And Officials...........      8,824          007
Mechanical Engineering Occupations.............      7,115          050
Occupations In Economics.......................      5,608          163
Sales And Distribution Management Occupations..      5,368          033
Occupations In Computer Systems Technical            4,573          161
 Support.......................................
Budget And Management Systems Analysis               4,263          169
 Occupations...................................
Other Occupations In Administrative Occupations      4,135          031
Occupations In Data Communications And Networks      4,121          041
Occupations In Biological Sciences.............      3,981          079
Other Occupations In Medicine And Health.......      3,764          012
Industrial Engineering Occupations.............      2,725          186
Finance, Insurance And Real Estate Managers And      2,624          020
 Off...........................................
Occupations In Mathematics.....................      2,599          001
Architectural Occupations......................      2,490          141
Commercial Artists: Designers & Illustrators,        2,371          297
 Graphics......................................
Fashion Models.................................      2,367          092
Occupations In Preschool, Primary, Kindergarten      2,359          187
 Ed............................................
Service Industry Managers And Officials........      2,347          022
Occupations In Chemistry.......................      2,345          005
Engineering Occupations........................      2,186          032
Occupations In Computer System User Support....      1,595          091
Occupations In Secondary School Education......      1,579          110
Lawyers........................................      1,353          029
Other Occupations In Mathematics And Physical        1,306          131
 Sciences......................................
Interpreters and Translators...................      1,270          166
Personnel Administration Occupations...........      1,229          165
Public Relations Management Occupations........      1,216          185
Wholesale And Retail Trade Managers And              1,183          008
 Officials.....................................
Inspectors And Investigators, Managerial &             974          142
 Public........................................
Environmental, Product And Related Designers...        955          119
Other Occupations In Law And Jurisprudence.....        882          099
Other Occupations In Education.................        841          023
Occupations In Physics.........................        836          010
Mining And Petroleum Engineering Occupations...        777          164
Advertising Management Occupations.............        773          132
Editors: Publication, Broadcast, And Script....        748          078
Occupations In Medical And Dental Technology...        699          183
Manufacturing Industry Managers And Officials..        681          184
Transportation, Communication, And Utilities           659          049
 Management....................................
Other Occupations In Life Sciences.............        612          162
Purchasing Management Occupations..............        604          040
Occupations In Agricultural Sciences...........        574          074
Pharmacists....................................        508          159
Other Occupations In Entertainment And                 506
 Recreation....................................
------------------------------------------------------------------------

    Technical Note: The Immigration and Nationality Act (Act) 
assigns responsibility to the Department of Labor with respect to 
the temporary entry of foreign professionals to work in specialty 
occupations in the U.S. under H-1B nonimmigrant status. Before the 
Immigration and Naturalization Service will approve a petition for 
an H-1B nonimmigrant worker, the employer must have filed and had 
certified by the Department a Labor Condition Application. The 
employer must indicate on the application the number of H-1B 
nonimmigrant workers sought, the rate of pay offered to the 
nonimmigrants, and the

[[Page 19219]]

location where the nonimmigrants will work, among other things.
    The Act limits the number of foreign workers who may be assigned 
H-1B status in each fiscal year, however, there is no limit on the 
number of job openings that may be certified by the Department. 
Historically, the actual number of job openings certified by the 
Department each year far exceeds the number of available visas. This 
excess in the number of certified openings is due to a number of 
factors: extension of status filings that are not subject to the 
annual cap; openings certified for anticipated employment that does 
not transpire; or movement from one employer to another (again, not 
subject to cap).
    The occupational codes in the left-hand column represent the 
three-digit occupational groups codes for professional, technical 
and managerial occupations from the Dictionary of Occupational 
Titles (DOT).

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