Employment and Training Administration 2005 – Federal Register Recent Federal Regulation Documents

The Employment and Training Administration (ETA) of the Department of Labor (the Department or DOL) is proposing to amend its regulations related to the H-1B and H-1B1 programs to generally require employers to use Web-based electronic filing of labor condition applications (LCAs). The H-1B program allows an employer in the United States to temporarily employ a foreign worker on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability. For its part, the H-1B1 program allows a U.S. employer to temporarily employ on a nonimmigrant basis in a specialty occupation a foreign worker from a country with which the U.S. has reached trade or other agreements listed in the Immigration and Nationality Act (now Chile and Singapore). ETA anticipates that increasing e-filing of H-1B and H-1B1 labor condition applications, and reducing U.S. Mail and fax- based filings, will enhance the effectiveness of the H-1B and H-1B1 programs, reduce costs and delays, and will match a U.S. employer with a qualified H-1B or H-1B1 worker in a more timely fashion. This notice of proposed rulemaking (NPRM) also proposes technical and clarifying amendments to ETA's H-1B and H-1B1 regulations to correct terminology and addresses, update internal agency procedures, and clarify text. Among these amendments are provisions to reflect Congressional reinstatement of certain attestation obligations applicable to employers who are H-1B dependent or who have committed willful violations of H-1B requirements.

The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents can be properly assessed. Currently, the Employment and Training Administration (ETA) is soliciting comments on the proposed extension (without change) of the Work Opportunity Tax Credit (WOTC) Program and the Welfare-to-Work Tax Credit (WtWTC) electronic reporting forms ETA 9057-9059; administrative forms ETA 9061-9065; and the following program related documents: November 2002, Third Edition of ETA Handbook No. 408; Planning Guidance Training and Employment Guidance Letter (TEGL) for the Work Opportunity Tax Credit Program and Welfare-to-Work Tax Credit Allotments Fiscal Year (FY) 2005; and the Technical Assistance and Review Guide. This request covers the period from March 31, 2005 through June 30, 2006. A copy of the proposed Information Collection Request (ICR) can be obtained by contacting the office listed below in the addressee section of this notice.

The U.S. Department of Labor (USDOL), Employment and Training Administration (ETA), announces the availability up to $5 million for grants to eligible Workforce Investment Boards (WIBs) that have demonstrated successfully the ability to form working partnerships with grassroots faith-based and community organizations (FBCOs). Grassroots FBCOs may include faith-based and community organizations, minority-led or immigrant-led non-profit or community development organizations and/ or other small non-profit organizations. This grant will build upon successful ETA grants from program years (PY) 2001 to 2004 that focused on the use of intermediaries and WIBs to build partnerships between FBCOs and local One-Stop systems. The WIB will develop and implement an 18-month project to encourage the formation of long-term contractual and non-contractual partnerships with FBCOs that meet an unmet community need related to hard-to-serve populations (e.g., ex-offenders, limited-English, welfare-to work, etc.). This investment supports and complements the President's High- Growth Job Training Initiative. The foundation of this initiative is the creation of partnerships to work collaboratively in the development of solutions to the human resource challenges facing our growth industries, while developing maximum access for American workers to gain the competencies they need to obtain good jobs. These partnerships include the public workforce system, business and industry, education and training providers and economic development principals. ETA is investing in demonstration projects in twelve high growth/high demand sectors that include advanced manufacturing, automotive services, biotechnology, construction, energy, financial services, geospatial technology, healthcare, hospitality, information technology (IT) & IT business-related services, retail, and transportation. This solicitation is designed to extend the partnership invitation to FBCOs through the direct involvement of our nation's Workforce Investment Boards. This grant also complements ETA's ongoing sectoral employment research and evaluationsi.e., identifying workforce needs and opportunities within a local or regional industry or cross-industry occupational group while retaining a focus on economic performance and competitiveness. FBCOs can discharge a significant community role in assisting Boards by bringing new entrants to the job market that can be trained and equipped to meet emerging and evolving industry needs. Each applicant Board will identify up to three businesses or industry sectors to collaborate with the Board and FBCOs within the local One- Stop system to provide jobs for qualified employees from the identified geographic areas.

This Notice announces FY 2005 Congressional Rescissions for WIA Adults and Dislocated Worker programs, states' allotments for PY 2005 (July 1, 2005-June 30, 2006) for WIA Title I Youth, Adults and Dislocated Worker programs; additional PY 2005 funding from WIA Section 173(e) for eligible states; preliminary allotments for Employment Service (ES) activities under the Wagner-Peyser Act for PY 2005; Workforce Information Grants for PY 2005; and Work Opportunity Tax Credit and Welfare-to-Work Tax Credit allotments for FY 2005. The WIA allotments for states and the preliminary allotments for the Wagner-Peyser Act are based on formulas defined in their respective statutes. The WIA allotments for the outlying areas are based on a formula determined by the Secretary. As required by WIA section 182(d), on February 17, 2000, a Notice of the discretionary formula for allocating PY 2000 funds for the outlying areas (American Samoa, Guam, Marshall Islands, Micronesia, Northern Marianas, Palau, and the Virgin Islands) was published in the Federal Register at 65 FR 8236 (February 17, 2000). The rationale for the formula and methodology was fully explained in the February 17, 2000, Federal Register notice. The formula for PY 2005 is the same as used for PY 2000 and is described in the section on Youth allotments. The data for the outlying areas was obtained from the Bureau of the Census and was based on 2000 census surveys for those areas conducted either by the Bureau or the outlying areas. Comments are invited upon the formula used to allot funds to the outlying areas.

Notice is hereby given that after consultation with the General Services Administration, the Department of Labor has determined that the re-establishment of a national advisory committee on apprenticeship is necessary and in the public interest. Accordingly, the Employment and Training Administration has re-chartered the Advisory Committee on Apprenticeship (ACA). The charter for the ACA expired on February 13, 2005. The current charter was signed March 2, 2005, and will expire two years from that date.