HRPA Urges DOL to Modernize Schedule A Immigration Labor Certification Process

In response to President Biden’s executive order on AI, DOL issued a request for information, seeking feedback on potential modernizations to Schedule A of the permanent labor immigration certification process, specifically on adding STEM occupations to the list. 

Quick background: Schedule A, last revised in 2004, lists occupations that DOL has determined lack enough U.S. workers who are able, willing, qualified, and available, easing the immigration process for employers to hire needed talent. Employers seeking to hire for positions designated under Schedule A are exempt from performing a labor market test and can directly apply for permanent employment certification with USCIS. 

HRPA’s input: The Association submitted comments, based on member input, urging DOL to pursue the following changes to address current workforce needs: 

• Revise Schedule A using a data-driven method to enhance predictability and certainty for U.S. companies in the hiring process.
  
  
• Streamline Schedule A to decrease the number of Prevailing Wage Determination requests and PERM Labor Certification applications submitted to DOL and alleviate the agency's backlog.
  
  
• Include international students with advanced STEM degrees as candidates for Schedule A occupations, allowing these valuable contributors to remain in the country and bolster the U.S. economy.
  
  
• Add pharmacists to the list of occupations under Schedule A.

Visas reserved for critical roles: It's important to note that revising Schedule A won't lead to an increase in the number of employment-based visas. Rather, it will enable DOL to proactively identify the occupations that most urgently need foreign labor. This approach ensures that a greater portion of the limited visas available are used to fill critical roles, particularly skills in AI and other emerging technologies.

The bottom line: It is widely anticipated that DOL will respond to stakeholder requests and publish an updated version of the Schedule A approved occupations this fall.