H1-B

PROVIDED IN PARTNERSHIP WITH

On-the-Job Training Handbook

SOUTHCENTRAL MISSISSIPPI WORKSWORKFORCE INVESTMENT AREA

A Division of Central MS Planning & Development District

SOUTHCENTRAL MISSISSIPPI WORKSWORKFORCE INVESTMENT AREA

ON-THE-JOB TRAINING PROGRAM

As an employer, how many times have you hired new employees and then had to invest weeks or months into training them to perform the job to your satisfaction?

Have you ever wished you had resources at your fingertips to pay for training new employees?

Well, you do! This Handbook will give you the information you need to take advantage of the H1-B On-the-Job Training Program to help you accomplish your training objectives.

Southcentral Mississippi Works, the workforce division of Central Mississippi Planning & Development District, administers workforce training programs and services funded through the federal Workforce Investment Act (WIA) of 1998. Services are provided through nine WIN Job Centers located throughout the seventeen counties of the Southcentral Mississippi Works Workforce Investment Area.

Southcentral Mississippi Works has been awarded an H1-B On-the-Job Training (OJT) grant by the U.S. Department of Labor. The primary goal of the H1-B OJT activity is to train eligible individuals to meet industry skill shortages in the high-growth information technology and advanced manufacturing/engineering industries and occupations. The H1-B category was established for the purpose of training non-immigrants seeking work in high-skill or specialty occupations for which employers are using H1-B visas to hire foreign workers. The training provided under this grant will raise the technical skill levels of American workers so they can obtain employment in the targeted high-growth industries and occupations. Over time, this will help businesses reduce their use of skilled foreign professionals permitted to work in the U.S. on a temporary basis under an H1-B visa.

The H1-B OJT program provides financial assistance to employers who agree to hire, train and retain eligible individuals. This assistance is considered to be compensation for the extraordinary costs associated with training individuals and the costs associated with lower productivity of these individuals during their training period. The purpose of OJT is the placement and training of individuals in appropriate permanent full-time skilled employment. OJT shall be provided in accordance with the requirements as outlined in this Handbook.

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As defined by the federal Workforce Investment Act (WIA), OJT is training by an employer that is provided to a newly hired, paid individual while engaged in productive work in a job that:

for the extraordinary costs of providing the training and additional supervision related to the

trained, taking into account the content of the training, the prior work experience of the individual, and the service strategy of the individual, as appropriate.

Are you ready to get started? Follow these three easy steps and discover how you can use OJT to jump-start your training efforts.

you are an employer and that you are interested in the H1-B OJT program.

develop an On-the-Job Training Agreement under which you can hire and train new staff.

the

employees who are hired.

The information on the following pages isprovided to assist you in utilizing the H1-B OJT program.

EMPLOYER ELIGIBILITY

Any private non-profit, or private sector for-profit employer who employs individuals in the targeted advanced manufacturing and information technology occupations may utilize H1-B OJT.There are a few restrictions. OJT may not be utilized by:

labor conditions exist, such as a strike, lockout, or other similar conditions, at the establishment or any of its affiliates within the state.

from the same or a substantially equivalent position as the trainee.

employed worker or result in a reduction in their hours.

any agency of the Executive Branch of government. An OJT employer shall provide immediate written notice if the employer or any of its subsidiaries learn that its certification was erroneous when submitted or has become erroneous as a result of changed circumstances.

pattern of failing to provide the individuals trained through OJT with continued long-term employment with wages, benefits, and working conditions that are equal to those provided to regular employees who have worked a similar length of time and are doing the same type of work. The SMW defines “exhibited a pattern of failing to provide OJT participants with continued long-term employment” as meaning that

again be eligible to train participants.

new

relocation or location has resulted in an increase in unemployment in the area of original location or any other area. OJT may be utilized by such an employer only after operation at the new location for

part thereof unless it has been determined that such relocation will not result in an increase in unemployment in the area of original location.

facility that is used or is to be used for religious worship.

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SOC CODES SOC JOB TITLES REQUIRED EDUCATION

11-3021 Computer and Information Systems Managers

Bachelor’s degree or higher, + several years of work-related experience

11-9041 Engineering Managers Bachelor’s degree or higher, + several years of work-related experience

15-1142 Network and Computer Systems Administrators

Often required to have a Bachelor’s degree or higher, although an associate degree or professional certification + several years of work-related experience may suffice

15-1141 Database Administrators

Often required to have a Bachelor’s degree or higher, although an associate degree or professional certification + several years of work-related experience may suffice

15-1143Information Security Analysts, Web Developers and Computer Network Architects

Often required to have a Bachelor’s degree or higher, although an associate degree or professional certification + several years of work-related experience may suffice

15-1121 Computer Systems Analysts

Preference is at least a Bachelor’s degree and broad knowledge of, and experience with, a variety of computer systems and technologies. Graduate degrees are sometimes preferred for some jobs.

15-1132 Computer Software Engineers, Applications

Preference is at least a Bachelor’s degree and broad knowledge of, and experience with, a variety of computer systems and technologies. Graduate degrees are sometimes preferred for some jobs.

15-1133 Computer Software Engineers, Systems Software

Preference is at least a Bachelor’s degree and broad knowledge of, and experience with, a variety of computer systems and technologies. Graduate degrees are sometimes preferred for some jobs.

15-1150 Computer Support SpecialistsUsual requirement is a Bachelor’s degree, although an associate degree may be adequate for some jobs. Strong problem-solving and communication skills.

17-2141 Mechanical Engineers Bachelor’s degree in engineering.

17-2112 Industrial Engineers Bachelor’s degree in engineering.

17-2071 Electrical Engineers Bachelor’s degree in engineering.

17-2011 Aerospace Engineers Bachelor’s degree in engineering.

OCCUPATIONAL AND JOB SPECIFIC ELIGIBLITYOnly the following occupations are eligible for H1-B OJT.

The following job specific situations are not eligible to participate in the H1-B OJT program:

temporary in design

or any substantially equivalent job

its workforce with the intention of filling the vacancy so created by utilizing H1-B OJT

one year from the date of hire.

TRAINEE ELIGIBILITYH1-B On-the-Job Training in the targeted occupations is available to individuals, age 18 and older, who have:

a. been determined to be H1-B eligible by WIN Job Center staff according to U. S. DOL and Southcentral Mississippi Works criteria, and

b. been registered by WIN Job Center staff prior to beginning OJT, and

H1-B OJT trainees may not during work hours assist, promote or deter union organizing or political activities or engage in religious or anti-religious tasks.H1-B OJT trainees may not be employed in the construction, operation or maintenance of any facility which is used for religious instruction or worship.H1-B OJT trainees are not required or permitted to work or train in buildings or surroundings under working

NUMBER OF OJT EMPLOYEES ALLOWED TO BE TRAINED

information technology or advanced manufacturing/engineering jobs at the place where training is to take place. Once an individual has been trained and retained by the employer, he/she is then counted in the regular full-time work force number and additional individuals may be trained. An employer having a regular full-time work force of one (1) may train one (1) individual under OJT. A projected work force number may be used for new or expanding business. The projected number should be attained within twelve months. If the projected number is not attained, appropriate adjustments in the number of OJT trainees allowed in further training will be made.

LABOR ORGANIZATIONSWhere applicable, labor organizations will be consulted in the design and conduct of OJT with respect to job descriptions, wage rates, training standards, and occupations planned. Where collective bargaining agreements exist, written concurrence is required and proof of such is to be attached to the training agreement. If no written response

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WAGES AND GENERAL WORKING CONDITIONSHourly wages paid to an OJT trainee by an employer shall not be lower than the highest of 1) federal, state, or

the Training Outline.

and will not include overtime, shift differential, premium pay, and other non-regular wages paid by the employer nor will it include pay for absence, illness, holiday, plant downtime, or other events during which no training occurs.OJT trainees must be provided benefits and working conditions at the same level and to the same extent as other non-WIA funded employees similarly employed. Trainees are subject to the same rules and regulations that govern other employees.

payment will be made until proof of coverage or documents of renewal have been provided.

REIMBURSEMENTEmployer reimbursement may not exceed $12.00 per hour per trainee.

certifying that the agreed upon training has been performed. No reimbursement will occur unless the H1-B OJT Agreement and appropriate Training Outline(s) have been negotiated and properly executed. Training is considered

failure to do so may result in repayment of all funds involved.

SKILL LEVELS AND LENGTH OF TRAININGThe length of training will be negotiated by WIN Job Center staff with the employer for each trainee based on the following criteria:

The maximum length of training time that is allowable is calculated based on the following chart, which uses the Specific

TRAINING FUNDS ALLOWEDAn OJT Agreement may be established at any time. As each trainee is hired a Training Outline will be completed. The Training Outline lists skills/competencies to be learned by each individual. Since each individual is different in terms of skills/competencies each person may or may not already possess, the number of training weeks needed by each individual in order to be fully trained will be determined by the employer working in

working in coordination with the WIN Job Center staff and will be given a score of “1” = not skilled, training

An OJT agreement does not guarantee to an employer that he/she will receive training funds, nor does it guarantee that training will be provided for a particular number of individuals. Funds are guaranteed to the employer as each individual is hired and only after a Training Outline has been completed and signed for each trainee.

RECORDSyears after

final payment under this OJT agreement, and, if any litigation, audit or claim has been initiated, records shall be maintained until a final determination is made.The employer agrees that authorized representatives of the State of Mississippi, the US Department of Labor, and SouthCentral Mississippi Works Workforce Investment Area shall be given reasonable access to facilities and records relative to the H1-B OJT training.The employer will report OJT hires and terminations to the WIN Job Center.

APPLICABLE LAWS AND REGULATIONSBy entering into an H1-B OJT agreement, the employer agrees to the following:

1. The employer will comply with all applicable Federal, State and local laws, rules and regulations which deal with or relate to employment, including, but not limited to the Fair Labor Standards Act, as amended.

business and displacing former employees within the last six (6) months.

from Federal contracting.

SVP CODE MAXIMUM TRAINING HOURS2 160 hours

3 320 hours4 640 hours5 800 hours6 960 hours

7 or higher 1040 hours

No training shall be approved for a length of training time thatis more than that indicated as necessary using the above formula.

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national origin, age, disability, political affiliation or belief, citizenship, or his or her status as a trainee.

contracts for services nor result in the substitution of Federal funds for other funds in connection with work that would otherwise be performed.

6. If the employer has not established a grievance procedure regarding the terms and conditions of employment, the grievance procedure of MDES will be utilized. The employer shall inform all trainees of the grievance procedure to be followed.

program intended as a subsidy for normal hiring and training.

comply fully with all Federal, State, and Southcentral MS Works (SMW) Workforce Investment Area rules, policy issuances, handbooks and procedures applicable to this agreement in effect at the time of hiring of each trainee.

9. This employer understands that all or a portion of reimbursement may be denied based upon failure to

otherwise owed under this agreement, including all applicable taxes. duly

authorized by these entities shall have full access to and the right to examine and copy any or all books, records, documents and other materials regardless of form or type which are pertinent to this agreement.

11. The employer is expected to retain the trainees in permanent, full-time employment for a period of at least a year beginning with the date of hire and that repeated failure to do so may result in ineligibility for further OJT training agreements.

trainees with skills that are transferable and in demand in the job market.

guidelines/requirements/criteria contained therein.

PROPOSAL EVALUATIONTraining may be conducted in those occupations and positions previously identified in the information technology and the advanced manufacturing industries. WIN Job Center staff has authority to refuse a training agreement with any employer in accordance with federal laws and regulations and with policies established by the Southcentral Mississippi Works Workforce Investment Area.

to provide the training and retain the employee, the proposed training cost and the benefit to the trainee in fulfilling

Contact Mr. Terry Hodges, H1-B Project Manager601.321.5441 | thodges@mdes.ms.gov

orThe Greater Jackson Partnership

at 601.948.7575

www.h1btraining.com

A proud partner of the

networkFunded by U.S. Department of Labor

In partnership withSouthcentral MS Works

Greater Jackson Chamber PartnershipWIN Job Centers