[Federal Register Volume 66, Number 241 (Friday, December 14, 2001)]
[Notices]
[Pages 64859-64872]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30922]


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DEPARTMENT OF LABOR

Employment and Training Administration

[SGA No. DFA 02-102]


H-1B Technical Skills Training Grants

AGENCY: Employment and Training Administration (ETA), Labor.

ACTION: Notice of availability of funds and solicitation for grant 
applications (SGA). This notice contains all of the necessary 
information and forms needed to apply for grant funding.

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SUMMARY: The Employment and Training Administration (ETA), U.S. 
Department of Labor (DOL), announces the availability of grant funds 
for skills 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 or at visa 
renewal. 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 
intended to be 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. Section 414(c) of ACWIA as 
amended, (Pub. L. 106-313; 114 Stat. 1257, 29 USC 2916a(2)(A)(ii)) 
specifies that the Secretary of Labor shall award 25 percent of the 
grants under these provisions for demonstration projects or programs 
under section 171 of the Workforce Investment Act (Pub. L. 105-220, 29 
USC 2916) to partnerships that shall consist of at least two 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 through workforce investment boards 
under H-1b technical Skills Training Grants announced in the Federal 
Register on April 13, 2001 (66 FR 19209), due to barriers in meeting 
those partnership eligibility criteria, on a national, multi-state, 
regional, or rural area (such as rural telework programs) basis. 
Community organizations may include faith-based organizations. Grants 
will be distributed fairly across rural and urban areas and across 
geographic regions.
    This solicitation 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. 
This solicitation is the first in a series to fund grants to business 
partnerships or business-related non-profits.
    Approximately $20 million will be available for funding projects 
under in this solicitation, with six to 16 projects to be selected for 
funding. The maximum award of each grant will not exceed $3 million. It 
is anticipated that an additional $16 million will be available for 
funding projects covered in the 25% of this year's funding through the 
competitive process for a total $36 million committed to this effort.

DATES: Applications for grant awards will be accepted commencing 
immediately. The closing date for receipt of applications shall be 
February 12, 2002, at 4:00 p.m. (Eastern Time) at the address below.

ADDRESSES: Applications will be mailed to the U.S. Department of Labor, 
Employment and Training Administration, Division of Federal Assistance, 
Attention: Ella Freeman, SGA/DFA 02-102, 200 Constitution Avenue, NW., 
Room S-4203, Washington, DC 20210.

FOR FURTHER INFORMATION CONTACT: Questions should be faxed to Ella 
Freeman, Grants Management Specialist, Division of Federal Assistance, 
Fax (202) 693-2879. This is not a toll free number. All inquiries 
should include the SGA number (DFA 02-102) 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.

SUPPLEMENTARY INFORMATION: 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. 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 
or at visa renewal. 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 (``the Act''), as 
amended. The grants are intended to be a long-term solution to domestic 
skill shortages in high skill and high technology occupations.
    The Act creates two separate grant programs. Seventy-five (75%) 
percent of the available grant funds will be awarded to Local Workforce 
Investment Boards (Local Boards) established under section 117 of the 
Workforce Investment Act (WIA) (Pub. L. 105-220, 29 USC 2832), 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. Community organizations may 
include faith-based organizations that will carry out such programs or 
projects through the One-Stop delivery systems

[[Page 64860]]

established under section 121 of WIA (29 USC 2841). These funds were 
made available under H-1B Technical Skills Training Grants announced in 
the Federal Register on April 13, 2001 (66 FR 19209).
    This SGA concerns the remaining 25 percent of the available funds 
that 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. Community 
organizations may include faith-based organizations. These grant funds 
may be used only to carryout a strategy that would otherwise not be 
eligible for the 75 percent funds discussed above. 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).
    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. Some examples of specific occupations that can be 
trained for through this initiative include: registered nurses with 
four-year degrees, physical therapists, and laboratory technicians. 
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 of Fiscal Year 2000 (October 1, 1999 through 
February 29, 2000) and the number of job openings certified in each 
occupation.
    This initiative will build on similar ETA initiatives that deal 
with the issue of skill shortages including 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 demonstration grant 
awards announced in February 2000 and the skills strategies, 
partnership training/system building demonstration awards which were 
announced in June 2000. These efforts were intended to strengthen 
linkages between employers experiencing skill shortages in specific 
occupations and the publicly-funded workforce system. In June 1998, 
$7.5 million in JTPA Title III 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 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. On March 
2, 2000, 23 awards totaling $15.2 million were announced for the 
regional skills consortium competition. Finally, this solicitation is 
taking into account the experience gained from the first, second and 
third rounds of the H-1B competition for which 9 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 $54.0 
million were announced on October 20, 2000.
    In this round, 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:
    <bullet> Part I--Application Process.
    <bullet> Part II--Statement of Work/Reporting Requirements.
    <bullet> Part III--Review Process/Rating Criteria.

Part I--Application Process

A. Eligible Applicants

    ACWIA, as amended, specifies that grant funds may be used only to 
carry out a strategy that would otherwise not be eligible for funds 
provided under provisions establishing the Local Board-based grant, due 
to barriers in meeting those partnership eligibility criteria, on a 
national, multi-state, regional, or rural area (such as rural telework 
programs) basis. Such barriers might include the nationwide, regional 
or multi-state nature of the applicant firms' business or training 
needs or labor-management partnerships; a dispersed client base such as 
rural or other special populations; the use of a geographically 
dispersed network of education providers or innovative dispersed 
training methodologies (such as rural telework).
    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 that demonstrates 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 
(which ACWIA defines as 100 employees or less) or with a labor-
management training program or project. The need for training shall be 
justified through reliable regional, state or local data.
    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. The fiscal agent may be one of the 
partner businesses, a business-related nonprofit organization, an 
educational institution, labor union, community-based organization 
(which may be faith-based), Local Board or related unit of state or 
local government.
    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:

I. Statement of Need
II. Service Delivery Strategy
III. Target Population
IV. Sustainability
V. Linkages with Key Partners
VI. Outcomes
VII. Cost Effectiveness

B. Submission of Proposals

    Applicants must submit one original and two copies of their 
proposal. 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, 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

[[Page 64861]]

exclusive, list of allowable and allocable types of administrative 
costs are provided in the WIA regulations at 20 CFR 667.200. Equipment 
purchases shall be limited to no more than the amount allocated for 
start-up costs. The budget narrative should discuss precisely how the 
administrative costs support the project goals.
    ACWIA, limits the amount of start-up costs of partnerships or new 
training projects which may be charged to these grants (29 U.S.C. 
2916a(3)). Except for partnerships of small businesses (100 employees 
or less), the limit is five percent of any single grant or costs not to 
exceed $75,000, whichever is less. For partnerships consisting 
primarily of small businesses (100 employees or less), the limit is ten 
percent of any single grant or a maximum of $150,000, whichever is 
less.
    Part II must contain a technical proposal that demonstrates the 
Applicant's capabilities in accordance with the Statement of Work. A 
technical proposal of the grant application is limited to 25 double-
spaced, single-sided, 8.5 inch x 11 inch pages with 1-inch margins. 
Text type shall be 11 point or larger. The Applicant may provide 
resumes, a staffing pattern, statistical information and related 
material in attachments which may not exceed 15 pages. Although not 
required, letters of commitment from partners or from those providing 
matching resources may be submitted as attachments. Such letters will 
count against the allowable maximum page total. The applicant must 
briefly itemize those participating entities in the text of the 
proposal. 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.
    Grantee organizations will be subject to: ACWIA, these guidelines; 
the terms and the conditions of the grant and any subsequent 
modifications; applicable Federal laws (including provisions in 
appropriations law); all applicable requirements under H-1B Technical 
Skills Training Grants announced in the Federal Register on April 13, 
2001 (66 FR 19209).
    In addition, the grantee must ensure that each individual 
participating in this program has not violated section 3 of the 
Military Selective Service Act (50 U.S.C. App. 453) by not presenting 
and submitting to registration as required pursuant to such section.
    Under section 18 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 
1611), an organization described in section 501(c)(4) of the Internal 
Revenue Code of 1986 that engages in lobbying activities will not be 
eligible for the receipt of federal funds constituting an award, grant, 
or loan.

    Note: Except as specifically provided in this solicitation, 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, applicable OMB 
Circulars require, and applicant and subapplicant procurement 
procedure(s) 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.

C. Hand Delivered Proposals

    If proposals are hand delivered, they must be received at the 
address identified above by February 12, 2002, at 4 p.m., Eastern Time. 
All overnight mail will be considered to be hand delivered and must be 
received at the designated place by 2:00 p.m., on the specified closing 
date. Telegraphed and/or faxed proposals will not be accepted. 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:
    1. Was sent by registered or certified mail not later than the 
fifth calendar day before the date specified for receipt of 
applications (e.g., a proposal submitted in response to a solicitation 
requiring receipt of applications by the 19th of the month must be 
mailed by the 14th);
    2. Was sent by U.S. Postal Service Express Mail Next Day Service, 
Post Office to addressee, not later than 5 p.m. at the place of mailing 
two working days prior to the date specified for proposals. The term 
``working days'' excludes weekends and U.S. Federal holidays.
    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 24 months from the date 
of execution of the grant documents. It is anticipated that about $20 
million will be disbursed under this announcement. U.S. Department of 
Labor may extend these grants for an additional period not to exceed 12 
months, with or without additional funding, based on the availability 
of funds and successful program operation.

F. Definitions for Purposes of This Solicitation

    Technical skills training may be generally defined as the Atraining 
services' described in section 134(d)(4)(D) of WIA (29 U.S.C. 
2864(d)(4)(D)). 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 to meet the needs of 
individual participants and/or the needs of individual employers. 
Customized training that is developed in partnership with an employer 
(or group of employers) must be accompanied by an employer=s commitment 
to hire those trainees upon successful completion of the training. 
Training may be provided to American citizens and nationals and 
immigrants authorized by the Attorney General to work in the United 
States, which includes lawfully admitted permanent resident aliens, 
refugees, asylees, and parolees, and other immigrants authorized by the 
Attorney General to work in the United States. Note that workers 
admitted under non-immigrant visas, such as the H-1B program and 
related programs, are not eligible for training with these grant funds.
    Region may be defined as an area which exhibits a commonality of 
economic interest. A region may be comprised of more than one labor 
market area or be 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 identical to the boundry of 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.

[[Page 64862]]

    Older Workers are those who meet the age standard prescribed in the 
Older Americans Act (42 USC 3056)--fifty five years or older--who are 
seeking full-time employment.

G. Matching Funds

    Applicants must demonstrate the ability to obtain resources 
equivalent to at least 100 percent of the grant award amount as a 
match. Additionally, at least 50 percent of the match must be from the 
businesses or business related non-profit involved. This statutory 
match may be provided in cash or in-kind contributions. Federal 
resources may not be counted against the matching requirement. The 
provision of essential capital equipment, such as computers and 
furniture, is allowed as part of the match. The match may also include 
supportive services not paid for with federal funds. The amount and 
nature of the match must be clearly described in the application.
    The 100 percent matching requirement is designed to assist grantees 
in initiating sustainability for the proposed project. The Department 
is particularly interested that the applicants demonstrate clear 
evidence that matching resources will sustain training activities after 
the expiration of the grant. Although matches may be one-time 
occurrences, applicants are encouraged to seek partnerships that 
reflect a commitment, financially and non-financially, to the future 
success of the proposed program.

Part II--Statement of Work/Reporting Requirements

A. Principles

    Five basic key principles underlie this effort:
    Partnership Sustainability: The primary focus of these awards is 
technical skills training. The statutory 100 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. The requirement 
that at least one-half of the matching funds must come from the 
business sector partners is designed to ensure the direct and active 
participation of employers whose labor needs can be filled by this 
program. 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).
    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: Technical skills training under ACWIA, as 
amended, is geared towards employed and unemployed workers who can be 
trained and placed directly in highly skilled H-1B occupations (See 
Attachment B for examples of these occupations). Training may be 
provided to American citizens and nationals and immigrants authorized 
by the Attorney General to work in the United States, which includes 
lawfully admitted permanent resident aliens, refugees, asylees, and 
parolees, and other immigrants authorized by the Attorney General. Note 
that workers admitted under non-immigrant visas, such as the H-1B 
program and related programs, are not eligible for training with grant 
funds. Up to 5 additional points will be awarded for special efforts to 
include outreach to target women, minorities, persons with 
disabilities, older workers, and workers in rural areas. This key 
principle is related to the Target Population rating criterion.
    Career Ladders: Employees at the H-1B skills level are generally 
characterized as having a Bachelor=s degree or comparable work 
experience. H-1B technical skills training is targeted to but not 
limited to skills levels commensurate with a 4-year degree. The 
training may prepare workers for a broad range of positions along a 
career ladder. ACareer 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.

B. Skills Shortages

    Section 414(c) of ACWIA, as amended (29 USC 2916a0, 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 shortages in highly skilled industries.

C. 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). Well-defined skills standards can be useful 
tools in matching training goals to targeted occupational areas. 
Applicants are encouraged to survey the progress to date in developing 
occupational skills standards in their communities, such as 
establishing a clearly defined set of expectations for the requisite 
capabilities of workers.
    As noted earlier, the definition of the minimum proficiency level 
required to be considered an H-1B occupation, contained in section 
214(i), of the Immigration and Naturalization Act (INA) (USC 1184(i)), 
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.

[[Page 64863]]

D. Regional Planning

    As applicable, applicants must describe the local area or region 
that will be served with particular emphasis on its skills shortages. 
The proposal also must identify the governmental jurisdictions to be 
included and provide an enumeration of the specific local areas that 
are served under WIA. Although comprehensive occupational vacancy data 
are 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) organization, the Bureau of Labor 
Statistics (BLS), and through the local One-Stop delivery system, 
www.servicelocator.org.

E. 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. ACWIA, 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 or effecuate the hiring of unemployed trainees, increased wages 
or salaries of employed workers, and receipt of skill certificates 
documenting skills acquisition or a link to industry accepted 
occupational skill standards, certificates, or licensing requirements 
(29 U.S.C. 2916a(4)(A)).
    ACWIA, 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 
in 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 
Immigration and Nationalization Act (8 U.S.C. 1184(i)). 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.
    Grant funds may not be used to provide supportive services. 
However, 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. Appropriately focused services, as 
defined by section 101(46) of WIA (29 U.S.C. 2801(46))--such as 
transportation or childcare--are considered as important enhancements 
to the technical skills training package. In order to provide a full 
range of supportive services, applicants may build linkages to the One-
Stop Career Center network. Successful applicants are encouraged to 
leverage such Federal resources as part of making the technical skills 
training project more effective. Applicants are also encouraged to use 
their own non-federal funds to provide supportive services as part of 
the matching requirement or leveraged Federal resources from other 
sources. Additional federal resources cannot be counted toward the 
matching requirement.
    Where possible, applicants are encouraged to form partnerships with 
local Workforce Investment Boards (``Local Boards''). WIA requires 
Local Boards to prepare a strategic workforce investment plan for the 
areas that they embrace. Local Boards also designate One-Stop service 
center operators (Local Boards don't select 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 under ACWIA, as amended.

F. Reporting Requirements

    The grantee is required to provide the reports and documents listed 
below:
    <bullet> 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.
    <bullet> 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:
    1. A discussion of the occupational areas for which skills training 
is being provided;
    2. The number of individuals currently in training, the number who 
have successfully completed training and the number who are 
unsuccessful or who have dropped out of training;
    3. Job placements in skills shortage occupations of unemployed 
workers;
    4. Wage increases in skills shortage occupations of employed 
workers;
    a. Number of skill certifications received or training completions 
to industry accepted occupational skill standards, certifications or 
licensing requirements; and
    b. An indication of any current problems which may affect 
performance and proposed corrective action.
    <bullet> 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. One original and two copies of the final report must be 
submitted no later than 60 days after the grant expiration date.

G. Evaluation

    As required by ACWIA, as amended, applications must include an 
agreement that the program or project shall be subject to evaluation 
(or evaluations) by the Secretary of Labor to measure their 
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 the publicly-funded workforce system. 
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--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

[[Page 64864]]

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. In making her 
determination, the Grant Officer may consider any relevant information 
that comes to her attention. The Grant Officer will make final award 
decisions based upon what is most advantageous to the Federal 
Government in terms of geographical mix, technical quality and other 
factors.

1. Statement of Need (15 points)

    ACWIA, as amended, is a response to skills shortages around the 
country in specific occupations. The most recent H-1B application data 
are provided as Attachment B 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.
    ACWIA, as amended, specifies that grant funds may be used only to 
carry out a strategy that would otherwise not be eligible for funds 
provided under the Local Workforce Investment Board based grant, due to 
barriers in meeting those partnership eligibility criteria, on a 
national, multi-state, regional, or rural area (such as rural telework 
programs) basis. These barriers must be specified here. The applicant 
must provide sufficient detail on such barriers to justify why 
application is not made on a local basis through a Local Board. Failure 
to adequately fulfill this criterion will result in disqualification of 
the application.
    The applicant is encouraged to utilize all available data resources 
to assure that its description of need is relevant to local labor 
market shortages, as applicable to the business partnership or 
business-related nonprofit. Establishing viable partnerships are 
essential. In responding to this criterion, applicants can make use of 
information that can include, but is not limited to, state labor market 
information, H-1B applications, census data, newspaper want ads, 
expressed employer hiring demands, and information from the One-Stop 
system. Descriptive items about the local area or region, such as 
whether it is 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 
information that will provide greater depth of description include:
    <bullet> What is the general business environment.
    <bullet> What industries and occupations are growing and declining.
    <bullet> 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:
    <bullet> 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.
    <bullet> What steps will be taken to reach out to potential 
community(ies) to provide information about the project and planned 
training activities.
    <bullet> 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., new partnerships 
to provide or participate in training, use of technology (such as 
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 also is 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. 
Training may be provided to American citizens and nationals and to 
immigrants authorized by the Attorney General to work in the United 
States, which includes lawfully admitted permanent resident aliens, 
refugees, asylees, and parolees, and other immigrants authorized by the 
Attorney General. Note that workers admitted under non-immigrant visas, 
such as H-1B and related programs, are not eligible for training with 
these grant funds. 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:
    <bullet> How many employed workers will be targeted for services 
and why.
    <bullet> The technical skills training needs of those workers to 
fulfill skills shortage occupations.
    <bullet> The selection process for workers, both employed and 
unemployed, should 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, an extensive 
discussion of the criteria to be used to assess and enroll individuals 
should be included.
    <bullet> The applicant should describe the outreach methods to 
target minorities, women, individuals with disabilities, older workers, 
and individuals in rural areas. Applicants who effectively target such 
workers will be awarded up to 5 additional points.

4. Sustainability (10 points)

    Applicants must demonstrate a statutory 100 percent match to the 
resources for proposed projects. At least one-half of these funds must 
come from the business partners or business-related nonprofit 
organizations involved. Matches may either be in cash or in-kind 
contributions. Federal resources may not be counted against the 
matching requirement. Applicants must describe to what extent the 
partners are providing matching funds or services and how this 
contribution assists in building the foundation for a permanent 
partnership, i.e., sustainability. Partnerships and matching resources 
are considered an integral element of the

[[Page 64865]]

project, as they support and strengthen the quality of the technical 
skills training provided and contribute materially toward 
sustainability.
    We encourage applicants to give 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 and Local Workforce 
Investment Boards and relevant state agencies, as they may provide 
valuable assistance and resources that can contribute to the success 
and sustainability 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 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 and how the proposal 
will train participants to meet employers' needs.
    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. Participant 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 proposed 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 the occupations participants will be 
trained in. 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, or in terms of other high skilled specialty occupations.
    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 or effecuate 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 linking the 
training 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 100 percent match requirement, or not 
demonstrating that businesses or business-related nonprofit 
organizations involved provide at least half the match will be 
considered non-responsive and will not be considered.
    The application must specify a management entity, the resumes of 
major staff members and detailed descriptions of the roles of various 
entities participating in the partnership. Each application MUST 
designate an individual who will serve as project director and who will 
devote a substantial portion of his/her time to the project, which may 
be defined as at least 40 percent. A short portion of this discussion 
should describe the organizational capacity and track record in high 
skill training and related activities of the primary actors in the 
partnership.

    Signed in Washington, DC, this 11th day of December, 2001.
James W. Stockton,
Grant Officer.
Appendix A: Legislative Mandate
Appendix B: Selected H-1B Professional, Technical and Managerial 
Occupations, and Fashion Models: Number of Job Openings Certified by 
the U.S. Department of Labor, Fiscal Year 2000 (Oct. 1, 1999-Feb. 
29, 2000)
Appendix C: (SF) 424-Application Form
Appendix D: Budget Information Form

[[Page 64866]]

Appendix A. Legislative Mandate

    The relevant portions of ACWIA 2000, and the Immigration and 
Nationality Act dealing with the establishment of a fund for 
implementing a program of H-1B skill training grants state:
    Immigration and Nationality Act, Section 286(s), (8 U.S.C. 
1356(s))--H-1B NONIMMIGRANT PETITIONER ACCOUNT
    (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 section 214(c)(9) of the Immigration and Nationality Act (8 
U.S.C. 1184 (c)(9)).
    (2) USE OF FEE 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 (29 U.S.C. 
2916a).
    SEC. 414(c) OF ACWIA (29 U.S.C. 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 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 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 HB1B 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. 2831(b), 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, 
multistate, regional, or rural area (such as rural telework 
programs) basis. (emphasis added)
    (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 (8 U.S.C. 
1184(i)).
    (3) START-UP FUNDS.--(A) IN GENERAL.--Except as provided in 
subparagraph (B), not more than 5 percent of any single grant, or 
not to exceed $75,000, whichever is less, may be used toward the 
start-up costs of partnerships or new training programs and 
projects.
    (B) EXCEPTION.--In the case of partnerships consisting primarily 
of small businesses, not more than 10 percent of any single grant, 
or $150,000, whichever is less, may be used toward the start-up 
costs of partnerships or new training programs and projects.
    (C) DURATION OF START-UP PERIOD.--For purposes of this 
subsection, a start-up period consists of a period of not more than 
2 months after the grant period begins, at which time training shall 
immediately begin and no further Federal funds may be used for 
start-up purposes.
    (4) TRAINING OUTCOMES.--(A) CONSIDERATION FOR CERTAIN PROGRAMS 
AND PROJECTS.--Consideration in the awarding of grants shall be 
given to applicants that provide a specific, measurable commitment 
upon successful completion of a training course, to--
    (i) Hire or effectuate the hiring of unemployed trainees (where 
applicable);
    (ii) Increase the wages or salary of incumbent workers (where 
applicable); and
    (iii) Provide skill certifications to trainees or link the 
training to industry-accepted occupational skill standards, 
certificates, or licensing requirements.
    (B) REQUIREMENTS FOR GRANT APPLICATIONS.--Applications for 
grants shall--
    (i) Articulate the level of skills that workers will be trained 
for and the manner by which attainment of those skills will be 
measured;
    (ii) Include an agreement that the program or project shall be 
subject to evaluation by the Secretary of Labor to measure its 
effectiveness; and
    (iii) In the case of an application for a grant under subsection 
(c)(2)(A)(ii), explain what barriers prevent the strategy from being 
implemented through a grant made under subsection (c)(2)(A)(i).
    (5) MATCHING FUNDS.--Each application for a grant to carry out a 
program or project described in paragraph (1)(A) shall state the 
manner by which the partnership will provide non-Federal matching 
resources (cash, or in-kind contributions, or both) equal to at 
least 50 percent of the total grant amount awarded under paragraph 
(2)(A)(i), and at least 100 percent of the total grant amount 
awarded under paragraph (2)(A)(ii). At least one-half of the non-
Federal matching funds shall be from the business or businesses or 
business-related nonprofit organizations involved. Consideration in 
the award of grants shall be given to applicants that provide a 
specific commitment or commitments of resources from other public or 
private sources, or both, so as to demonstrate the long-term 
sustainability of the training program or project after the grant 
expires.
    (6) ADMINISTRATIVE COSTS.--An entity that receives a grant to 
carry out a program or project described in paragraph (1)(A) may not 
use more than 10 percent of the amount of the grant to pay for 
administrative costs associated with the program or project.'' The 
Immigration and Nationality Act (INA)(section 101(a)(15)( H)(i)(b), 
8 U.S.C.

[[Page 64867]]

11011(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 IMMIGRATION AND NATIONALIZATION ACT (Section 214(i)) 8 
U.S.C. 1184(i) defines the term ``specialty occupation'' as:
    (1)(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 101(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.
    The WORKFORCE INVESTMENT ACT defines training services (Sec 
134(d)(4)(D), 29 U.S.C. 2864(d)(4)(D)
    (D) TRAINING SERVICES --Training services may include--
    (i) Occupational skills training, including training for 
nontraditional employment;
    (ii) On-the-job training;
    (iii) Programs that combine workplace training with related 
instruction, which may include cooperative education programs;
    (iv) Training programs operated by the private sector;
    (v) Skill upgrading and retraining;
    (vi) Entrepreneurial training;
    (vii) Job readiness training;
    (viii) Adult education and literacy activities provided in 
combination with services described in any of clauses (i) through 
(vii); and
    (ix) Customized training conducted with a commitment by an 
employer or group of employers to employ an individual upon 
successful completion of the training.
    WIA prohibits discrimination against certain non-citizens in the 
provision of services, including the demonstration grant program 
under which this program is conducted. (Sec 188(a)(5), 29 U.S.C. 
2938(a)(5):
    Participation in programs and activities or receiving funds 
under this title shall be available to citizens and nationals of the 
United States, lawfully admitted permanent resident aliens, 
refugees, asylees, and parolees, and other immigrants authorized by 
the Attorney General to work in the United States.
    WIA also specifies that participants comply with the Military 
Selective Service Act. (Sec. 189, (h), 29 U.S.C. 2939):
    The Secretary shall ensure that each individual participating in 
any program or activity established under this title (Title I of the 
Workforce Investment Act), or receiving any assistance or benefit 
under this title, has not violated section 3 of the Military 
Selective Service Act (50 U.S.C. App. 453) by not presenting and 
submitting to registration as required pursuant to such section. The 
Director of the Selective Service System shall cooperate with the 
Secretary to enable the Secretary to carry out this subsection.

Appendix B

                H-1B Program--Summary Data FY '92-FY '00
------------------------------------------------------------------------
                                        Number of LCA's   Number of job
                                         \1\  certified      openings
                                                          certified \2\
------------------------------------------------------------------------
FY '92................................           43,808          120,776
FY '93................................  62,285 (+42.2%)  127,652 (+5.7%)
FY '94................................  84,898 (+36.3%)          270,014
                                                               (+111.5%)
FY '95................................  97,040 (+14.3%)          312,563
                                                                (+15.8%)
FY '96................................          120,512       246,725 (-
                                               (+24.2%)           21.1%)
FY '97................................          162,363          398,324
                                               (+34.7%)         (+61.4%)
FY '98................................          208,156          591,635
                                               (+28.2%)         (+48.5%)
FY '99................................          275,244        1,207,874
                                               (+32.2%)        (+104.2%)
FY '00................................          332,545     1,187,053 (-
                                               (+10.1%)           1.7%)
------------------------------------------------------------------------
\1\ Labor Certified Applicants.
\2\ Note that while there is generally a 195,000 limit on the number of
  visas which may be issued each fiscal year, there is no corresponding
  limit on the number of job openings which may be certified by the
  Department.


              Top 10 Occupational Classifications in FY '00
------------------------------------------------------------------------
                                                    Number of
                                                     openings   Percent
                                                    certified   of total
------------------------------------------------------------------------
1. Computer-related \3\...........................    852,657       71.8
2. Accountants/Auditors...........................     46,375        3.9
3. Electrical/Electron Eng........................     41,071        3.5
4. Other Architecture, Engineering & Surveying....     26,634        2.2
5. College/University Faculty.....................     18,164        1.5
6. Miscellaneous Managers.........................     16,990        1.4
7. Budget & Management System Analyst.............     15,117        1.3
8. Physicians & Surgeons..........................     13,700        1.2
9. Mis. Professional, Tech. & Manag. Occ..........     13,426        1.1
10. Economists....................................     13,171        1.1
                                                   ---------------------
    Total Top 10..................................  1,057,305       89.1
    Other Occupations.............................    129,748       10.9
------------------------------------------------------------------------
\3\ Occupations in: Systems Analysis/Programming; Computer Systems
  Technical Support, Data Communications and Networks; Computer System
  User Support; and other Computer-related.


[[Page 64868]]


              Top 10 Occupational Classifications in FY '99
------------------------------------------------------------------------
                                                    Number of
                                                     openings   Percent
                                                    certified   of total
------------------------------------------------------------------------
1. Computer-related...............................    579,631       48.0
2. Therapists.....................................    311,411       25.8
3. Accountants/Auditors...........................     58,831        4.9
4. Other Administrative...........................     38,320        3.2
5. Electrical/Electron Eng........................     26,947        2.2
6. Other Architecture, Engineering & Surveying....     19,404        1.6
7. Physicians & Surgeons..........................     16,695        1.4
8. College/University Faculty.....................     14,962        1.2
9. Mis. Managers and Officials....................     13,048        1.1
10. Mis. Professional, Tech. & Mana. Occ..........     11,636        1.0
                                                   ---------------------
    Total Top 10..................................  1,090,885       90.3
Other Occupations.................................    116,989        9.7
------------------------------------------------------------------------


              Top 10 Occupational Classifications in FY '98
------------------------------------------------------------------------
                                                    Number of
                                                     openings   Percent
                                                    certified   of Total
------------------------------------------------------------------------
1. Computer-related...............................    340,231       57.5
2. Therapists.....................................     80,605       13.6
3. Accountants/Auditors...........................     42,713        7.2
4. Electrical/Electron Eng........................     16,640        2.8
5. Other Architecture, Engineering & Surveying....      8,605        1.5
6. Physicians/Surgeons............................      7,941        1.3
7. Mis. Professional, Tech. & Mana. Occ...........      7,827        1.3
8. College/University Faculty.....................      7,721        1.3
9. Mechanical Engineers...........................      5,994        1.0
10. Economist.....................................      5,343        0.9
                                                   ---------------------
    Total Top 10..................................    523,620       88.5
Other Occupations.................................     68,015       11.5
------------------------------------------------------------------------


              Top 10 Occupational Classifications in FY '97
------------------------------------------------------------------------
                                                      Number of  Percent
                                                       openings     of
                                                      certified   Total
------------------------------------------------------------------------
1. Computer related.................................    177,034     44.4
2. Therapists.......................................    103,097     25.9
3. Electrical/Electron Eng..........................     12,366      3.1
4. Accountants/Auditors.............................      9,865      2.5
5. University Faculty...............................      8,052      2.0
6. Physicians/Surgeons..............................      7,360      1.8
7. Other Architecture, Engineering & Surveying......      6,488      1.6
8. Mechanical Engineers.............................      5,585      1.4
9. Miscellaneous Occup..............................      5,427      1.4
10. Economists......................................      4,677      1.1
                                                     -------------------
    Total Top 10....................................    335,057     84.1
Other Occupations...................................     63,267     15.9
------------------------------------------------------------------------


              Top 10 Occupational Classifications in FY '96
------------------------------------------------------------------------
                                                    Number of
                                                     openings   Percent
                                                    certified   of Total
------------------------------------------------------------------------
1. Computer-related...............................    102,422       41.5
2. Therapists.....................................     48,154       19.5
3. Other Medicine/Health..........................     12,010        4.9
4. College/University Faculty.....................      7,070        2.9
5. Registered Nurses..............................      6,117        2.5
6. Accountants/Auditors...........................      6,040        2.4
7. Physicians/Surgeons............................      5,796        2.3
8. Miscellaneous Occup............................      4,389        1.8
9. Mechanical Engineering.........................      4,112        1.7
Other Architecture, Engineering & Surveying.......      3,774        1.5
                                                   ---------------------
    Total Top 10..................................    199,884       81.0
Other Occupations.................................     46,841       19.0
------------------------------------------------------------------------


              Top 10 Occupational Classifications in FY '95
------------------------------------------------------------------------
                                                    Number of
                                                     openings   Percent
                                                    Certified   of Total
------------------------------------------------------------------------
1. Therapists.....................................    167,209       53.5
2. Computer-related...............................     79,921       25.6
3. College/University Faculty.....................      6,478        2.1
4. Physicians/Surgeons............................      5,629        1.8
5. Accountants/Auditors...........................      4,757        1.5
6. Miscellaneous Occup............................      3,703        1.2
7. Other Medicine/Health..........................      3,345        1.1
8. Other Architecture, Engineering & Surveying....      3,318        1.1
9. Mechanical Engineering.........................      3,149        1.0
10. Biological Sciences...........................      2,710         .9
                                                   ---------------------
    Total Top 10..................................    280,219       89.7
Other Occupations.................................     32,344       10.3
------------------------------------------------------------------------


BILLING CODE 4510-30-P

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BILLING CODE 4510-30-C
[FR Doc. 01-30922 Filed 12-13-01; 8:45 am]
BILLING CODE 4510-30-P