Department Of Workforce Development Notice: Fill & Download for Free

**UPDATE** The wage rule, proposed by the Department of Labor (DOL), was implemented in October, while the DHS rule for specialty occupation and limited validity of H-1B visas for third-party firms was to take effect Monday, Dec. 7, 2020.The wage rule prompted three lawsuits in California, New Jersey, and Washington D.C.Just days before significant restrictions on H-1B visas went into effect, U.S. District Judge Jeffery White declared that USCIS and DOL regulations failed to follow transparency procedures. The Interim Final Rule was not, in fact, emergency response to COVID-19 job losses because the Trump administration circulated the idea well before publishing the rule in October.Then US District Court Judge Chesler in New Jersey disputed the Trump administration’s contention that the economic facts and the cases it presented showed DOL was justified in publishing its H-1B wage rule without public comment and effective immediately, stating in an opinion issued on December 3, 2020.“Courts are hesitant to find that an emergency existed, or that a factual scenario posed a real risk of serious harm, and when they have, it has generally involved situations with imminent threats to national security, public safety, or the environment.”The judge pointed out Covid-19-related unemployment has been concentrated in service occupations, but not in the computer occupations that match up with H-1B professionals, citing research from the NFAP.—————-According to the DOL, a software developer’s job, which accounts for 40% of the H-1B jobs in the tech field, is no longer a specialty occupation. Under this new rule, the 40% loss of the workforce becomes a reality, which would devastate the tech industry.On Oct. 8, 2020, the Trump administration announced two new rules that stifle U.S. companies' ability to hire qualified H-1B visa holders. The Interim Final Rules were issued without any notice period or right to comment and lawsuits have already been filed.Trump Sends Tech Jobs Overseas Under New H-1B Rule - October 8, 2020The irony of the Interim Final Rule is that Trump, who promised to bring jobs back to America, has ensured many will leave with these sweeping rules.Revised Definition of Specialty Occupation & Limited H-1B ValidityThe DHS and DOL limited the validity of an H-1B visa to one year (instead of three) for any tech worker placed at a third-party worksite. These changes are set to take effect in 60 days.The U.S. Department of Homeland Security (DHS) and Department of Labor have also changed the definition of a specialty occupation and what qualifies as an employee-employer relationship.In the amended definition of specialty occupation, DHS first replaced the word ‘position’ with ‘occupation’ to ensure employees strictly conform to their occupational codes.Second, DHS has narrowed the definition of specialty occupation by removing the adjectives’ normally,’ ‘most,’ and ‘typically’ that were used to qualify a job as a specialty occupation. Thus, the narrowed definition includes only those jobs that require 100% of people to have a bachelor’s degree.In the past, courts ruled that for a job to qualify as a specialty occupation, 51% of those in the position must have a bachelor’s degree.According to the DOL, a software developer’s job, which accounts for 40% of the H-1B jobs in the tech field, is no longer a specialty occupation. Under this new rule, the 40% loss of the workforce becomes a reality, which would devastate the tech industry.The eliminating language of the new rule impacts a large portion of other H-1B jobs as well. For instance, a general engineering degree requirement for a position as a computer engineer would no longer satisfy the specific occupation requirement. The revised definition would require a specific type of engineer to have a specific degree and show how the job is related.What’s more, is the numerous jobs aren’t even included in the OOH, like software architect (one of the most sophisticated roles) or quality assurance tester (a typical role).The issue with the singular degree requirement is that often the coursework of a related degree provides the specialized knowledge needed to perform job duties. For instance, to fill a computer programmer position, an applicant does not necessarily require a computer science degree to carry out tasks. Instead, a person with a mathematics or information technology degree can adequately fulfill such job responsibilities.Redefining specialty occupation to include specialization beyond a degree will arbitrarily complicate the process and drain employer resources.Furthermore, the revised definition focuses too narrowly on the degree title without regard to the individual’s specialized body of knowledge, completely ignoring what U.S. employers seek in a competitive labor market.Increased Prevailing WageThe Department of Labor (DOL) raised the prevailing wage for both entry-level and higher-skilled H-1B applicants.The DOL rule Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States is a direct punch to U.S. companies’ bottom line.The rule implements the following prevailing wages.• OES Wage Level 1 – 45th Percentile• OES Wage Level 2 – 62nd Percentile• OES Wage Level 3 – 78th Percentile• OES Wage Level 4 – 95th PercentileThere is a marked increase in the prevailing entry-level wage as it jumped from a level 1 to almost level 3 in the previous wage determination.While this administration has refused to increase the minimum wage for Americans it has made a massive increase to the wages for foreign nationals on H-1B visas.Software Developer in Dallas Texas must now be paid:Level 1 Wage: $50.59 hour - $105,227 yearLevel 2 Wage: $61.16 hour - $127,213 yearLevel 3 Wage: $71.73 hour - $149,198 yearLevel 4 Wage: $82.30 hour - $171,184 yearCompare this with the prevailing wage for Oct. 7, 2020, for the same job in the same location:Level 1 Wage: $36.90 hour - $76,752 yearLevel 2 Wage: $44.98 hour - $93,558 yearLevel 3 Wage: $53.05 hour - $110,344 yearLevel 4 Wage: $61.13 hour - $127,150 yearThe purpose of increasing the prevailing wage is not to assist Americans in getting a job, but to frustrate H-1B visa holders and the American companies that need to hire them. This is evident as the prevailing wage is spiked so high that it makes it impossible, in many professions in most places, to obtain an entry-level job at these wages.ConclusionThe consequences of creating more restrictive rules on American companies trying to dig out of the pandemic creates a chilling effect for the American tech economy.International students will be disinclined to come and study in STEM fields.Billions of dollars will be lost from international students, followed by a deficit for higher education institutions.U.S. employers will opt to open offices overseas, causing Americans in managerial positions to lose their jobs as there is no one to oversee.Instead of fulfilling the promise to bring back manufacturing jobs, the Trump administration will have removed tech sector jobs that have been driving the American economy for the past decade.American companies will be forced to move more jobs offshore.Since the Revision of Specialty Occupation doesn’t go into effect for 60 days, the question remains whether this is just a political stunt to get American voters to vote for Trump ahead of the 2020 presidential elections.More importantly, will it hold up in court? This process has been an expedited version of the typical process that requires a notice and comment period similar to the now enjoined Trump proclamation that denied entry to H-1B visa holders and other types of valid work visas.Have you received an RFE or had your H-1B visa petition denied? Find out what options you have with OnlineVisas' FREE confidential case analysis.

**UPDATE** The wage rule, proposed by the Department of Labor (DOL), was implemented in October, while the DHS rule for specialty occupation and limited validity of H-1B visas for third-party firms was to take effect Monday, Dec. 7, 2020.The wage rule prompted three lawsuits in California, New Jersey, and Washington D.C.Just days before significant restrictions on H-1B visas went into effect, U.S. District Judge Jeffery White declared that USCIS and DOL regulations failed to follow transparency procedures. The Interim Final Rule was not, in fact, emergency response to COVID-19 job losses because the Trump administration circulated the idea well before publishing the rule in October.Then US District Court Judge Chesler in New Jersey disputed the Trump administration’s contention that the economic facts and the cases it presented showed DOL was justified in publishing its H-1B wage rule without public comment and effective immediately, stating in an opinion issued on December 3, 2020.“Courts are hesitant to find that an emergency existed, or that a factual scenario posed a real risk of serious harm, and when they have, it has generally involved situations with imminent threats to national security, public safety, or the environment.”The judge pointed out Covid-19-related unemployment has been concentrated in service occupations, but not in the computer occupations that match up with H-1B professionals, citing research from the NFAP.—————-On Oct. 8, 2020, the Trump administration announced two new rules that stifle U.S. companies' ability to hire qualified H-1B visa holders. The Interim Final Rules were issued without any notice period or right to comment and lawsuits have already been filed.Trump Sends Tech Jobs Overseas Under New H-1B Rule - October 8, 2020The irony of the Interim Final Rule is that Trump, who promised to bring jobs back to America, has ensured many will leave with these sweeping rules.Increased Prevailing WageThe Department of Labor (DOL) raised the prevailing wage for both entry-level and higher-skilled H-1B applicants.The DOL rule Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States is a direct punch to U.S. companies’ bottom line.The rule implements the following prevailing wages.• OES Wage Level 1 – 45th Percentile• OES Wage Level 2 – 62nd Percentile• OES Wage Level 3 – 78th Percentile• OES Wage Level 4 – 95th PercentileThere is a marked increase in the prevailing entry-level wage as it jumped from a level 1 to almost level 3 in the previous wage determination.While this administration has refused to increase the minimum wage for Americans it has made a massive increase to the wages for foreign nationals on H-1B visas.Software Developer in Dallas Texas must now be paid:Level 1 Wage: $50.59 hour - $105,227 yearLevel 2 Wage: $61.16 hour - $127,213 yearLevel 3 Wage: $71.73 hour - $149,198 yearLevel 4 Wage: $82.30 hour - $171,184 yearCompare this with the prevailing wage for Oct. 7, 2020, for the same job in the same location:Level 1 Wage: $36.90 hour - $76,752 yearLevel 2 Wage: $44.98 hour - $93,558 yearLevel 3 Wage: $53.05 hour - $110,344 yearLevel 4 Wage: $61.13 hour - $127,150 yearThe purpose of increasing the prevailing wage is not to assist Americans in getting a job, but to frustrate H-1B visa holders and the American companies that need to hire them. This is evident as the prevailing wage is spiked so high that it makes it impossible, in many professions in most places, to obtain an entry-level job at these wages.Revised Definition of Specialty Occupation & Limited H-1B ValidityThe DHS and DOL limited the validity of an H-1B visa to one year (instead of three) for any tech worker placed at a third-party worksite. These changes are set to take effect in 60 days.The U.S. Department of Homeland Security (DHS) and Department of Labor have also changed the definition of a specialty occupation and what qualifies as an employee-employer relationship.In the amended definition of specialty occupation, DHS first replaced the word ‘position’ with ‘occupation’ to ensure employees strictly conform to their occupational codes.Second, DHS has narrowed the definition of specialty occupation by removing the adjectives’ normally,’ ‘most,’ and ‘typically’ that were used to qualify a job as a specialty occupation. Thus, the narrowed definition includes only those jobs that require 100% of people to have a bachelor’s degree.In the past, courts ruled that for a job to qualify as a specialty occupation, 51% of those in the position must have a bachelor’s degree.According to the DOL, a software developer’s job, which accounts for 40% of the H-1B jobs in the tech field, is no longer a specialty occupation. Under this new rule, the 40% loss of the workforce becomes a reality, which would devastate the tech industry.The eliminating language of the new rule impacts a large portion of other H-1B jobs as well. For instance, a general engineering degree requirement for a position as a computer engineer would no longer satisfy the specific occupation requirement. The revised definition would require a specific type of engineer to have a specific degree and show how the job is related.What’s more, is the numerous jobs aren’t even included in the OOH, like software architect (one of the most sophisticated roles) or quality assurance tester (a typical role).The issue with the singular degree requirement is that often the coursework of a related degree provides the specialized knowledge needed to perform job duties. For instance, to fill a computer programmer position, an applicant does not necessarily require a computer science degree to carry out tasks. Instead, a person with a mathematics or information technology degree can adequately fulfill such job responsibilities.Redefining specialty occupation to include specialization beyond a degree will arbitrarily complicate the process and drain employer resources.Furthermore, the revised definition focuses too narrowly on the degree title without regard to the individual’s specialized body of knowledge, completely ignoring what U.S. employers seek in a competitive labor market.ConclusionThe consequences of creating more restrictive rules on American companies trying to dig out of the pandemic creates a chilling effect for the American tech economy.International students will be disinclined to come and study in STEM fields.Billions of dollars will be lost from international students, followed by a deficit for higher education institutions.U.S. employers will opt to open offices overseas, causing Americans in managerial positions to lose their jobs as there is no one to oversee.Instead of fulfilling the promise to bring back manufacturing jobs, the Trump administration will have removed tech sector jobs that have been driving the American economy for the past decade.American companies will be forced to move more jobs offshore.Since the Revision of Specialty Occupation doesn’t go into effect for 60 days, the question remains whether this is just a political stunt to get American voters to vote for Trump ahead of the 2020 presidential elections.More importantly, will it hold up in court? This process has been an expedited version of the typical process that requires a notice and comment period similar to the now enjoined Trump proclamation that denied entry to H-1B visa holders and other types of valid work visas.Have you received an RFE or had your H-1B visa petition denied? Find out what options you have with OnlineVisas' FREE confidential case analysis.Authored by Jon Velie and first published at onlinevisas.com

Affiliate ProcessWorkforce Development & Education processes all Workforce Development & Education interns via the LBNL Guest Affiliate Registry, please DO NOT initiate affiliate processing through your group/division. LDAP, email and calendar accounts will be established for interns by Workforce Development & Education.WPC, GERT and EH&S:WPC: All interns must be added to work activities within the Work Planning and Control system (Activity Manager) that covers the scope of the work that the interns will perform. Interns should discuss this process with mentors via phone before they arrive at the lab. Interns must “accept conditions” and complete all training before they are authorized to perform any work. (Please note interns will need LDAP, username and password to access Activity Manager.)ASSESS INTERN’S ACTIVITIES FOR WPCWork with your intern to delineate the activities they will perform very clearlyDetermine the potential hazards associated with these activitiesDetermine the correct controls to mitigate these hazardsCOMPLETE THE PROCESS WITH YOUR INTERN AND ADD YOUR INTERN TO THE APPROPRIATE WORK ACTIVITYMentors or day-to-day supervisors are to discuss work activities with the intern, add the intern to the appropriate work activities and go over the questions and answers they may have before they arrive at the lab. Interns should understand what work they are authorized to do at the lab, what hazards they may encounter and what controls they need to use or follow.There are several EH&S roles involved with mentoring interns who participate in Workforce Development & Education programs:Supervisor – Susan Brady Wells, Department Head of Workforce Development & Education is the "Supervisor" for all interns who participate in our programs.Activity Lead – Mentors are defined as “Activity Leads” for all interns who participate in our programs.Please see Q&A provided by EHS regarding the roles of Supervisor and Activity Lead below:Q: What is a Activity Lead?A: An Activity Lead is anyone who directs, trains, and/or oversees the work and activities of one or more Workers. Activity Leads provide instruction on working safely and the precautions necessary to use equipment and facilities safely and effectively. Activity Leads may authorize Work with the concurrence of the Worker’s Supervisor.Q: How is an Activity Lead different than a Supervisor?A: Supervisory Employees are defined by the Higher Education Employer-Employee Relations Act (HEERA) as "any individual, regardless of the job description or title, having authority in the interest of the employer to hire, transfer, suspend, layoff, recall, promote, discharge, assign, reward or discipline other employees, or responsibility to direct them, or to adjust their grievances, or to effectively recommend such action, if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. Employees whose duties are substantially similar to those of their subordinates shall not be considered to be supervisory employees."Activity Leads direct, train and/or oversee the Work and activities of the Worker. He/she is not necessarily that individual’s Supervisor (ie, he/she may not have the additional authority to hire, transfer, suspend, or take other personnel actions). Put another way, a Supervisor always has the authority to act as the Activity Lead, but a Activity Lead does not necessarily have the authority to act as Supervisor.Q: What are the responsibilities of an Activity Lead?A: Activity LeadsUtilize the WPC process as a mechanism to authorize Work under their control when the tasks, locations, hazards, and controls have been properly analyzed.Consult with new Workers, or Workers whose tasks have changed, to assure that their Work Authorizations accurately describe the tasks, hazards, and controls inherent in the Work.Ensure that WPCs are updated annually or more frequently if required.Stop authorized Work when hazards and controls change, and do not reinitiate Work until the Work Authorizations for all Workers performing that Work have been updated, and the required controls are in place.Please work with your intern to ensure all WPC, GERT and EH&S requirements have been completed prior to beginning of internship.Work Planning and Control (WPC)General Employee Radiation Training (GERT)Environment Health and Safety at the Lab (EHS-10)For more information, tutorials and videos about Work Planning and Control (WPC) please visit Training & ResourcesFIRST DAYMost of the day will be given for orientation, basic EH&S training, and administrative matters. We will plan to have your intern meet you sometime in the afternoon.Note: mentors whose interns are starting late for academic reasons will receive separate notice.FIRST WEEKDuring the first and second weeks, interns will need to complete a number of administrative and programmatic tasks; some of which you will need to help with or sign:Internship Work PlanMentors and interns are asked to meet and work out general assignments, expectations, and deliverables, then sign and return the Internship Work Plan. Internship Work Plans are to be turned into Workforce Development & Education at the Brown Bag meeting. Required from all interns.EHS MOUMentors need to sign and interns need to submit the EHS MOU to Workforce Development & Education at the Brown Bag meeting. Required from all interns.Research ProposalThis is a 2-3 page paper where the student briefly describes the nature of the work the research group is doing, the significance of the work, and the student's role in the research. Required from all interns.Additional Internship InformationASSIGNMENTS & DELIVERABLES: Mentors are expected to supervise their interns work on all assignments and deliverables. Final deliverables require signed approval from mentor prior to submitting to Workforce Development & Education. A list of assignments and deliverables are available online by program on the Workforce Development & Education website; please check it often as updates may occur throughout the program. BLUR CCI VFP SULICalendar: A program calendar is available on the Workforce Development & Education website; please check it often as updates may occur throughout the program. BLUR CCI VFP SULIEvaluations: In an effort to improve and strengthen Workforce Development & Education internship programs, we greatly appreciate feedback about the experience of participating in our programs. Interns are required to complete an evaluation survey of the Workforce Development & Education Program as well as of their mentor. Mentors are required to complete an evaluation of the Workforce Development & Education Program. These evaluations are emailed to mentors and interns and are necessary for reporting to the Department of Energy as well as other funding sources.Final Week and Checkout: The final week culminates with all interns presenting a research poster at a poster session open to all Lab employees and guests. Final assignments and deliverables are to be approved by mentor. Intern submits to Workforce Development & Education and uploads to Edulink at checkout. Mentors are to complete the Mentor Checkout Form for intern to submit to Workforce Development & Education at checkout. BLUR CCI VFP SULIMentor Preparation Course: The online Mentor Preparation course – EHS0039 – is required for mentors and must be taken every 2 years.