The Department of Labor (DOL) published a Request for Information (RFI) soliciting input on occupations to add to “Schedule A,” the list of occupations eligible for streamlined green card processing. Specifically, DOL solicits input on STEM and other occupations for which U.S. workers are considered to be in short supply, as called for by a recent Executive Order on Artificial Intelligence (AI).
Employment-sponsored green card cases are eligible for an expedited process when they involve an occupation listed on Schedule A. Such cases are not required to undergo a labor market test and do not require a PERM certification. Schedule A currently covers only physical therapists, professional nurses, and individuals of exceptional ability in the sciences or arts. The recent AI Executive Order instructed DOL to solicit public input to identify AI and other STEM-related occupations with a shortage of U.S. workers, for purposes of updating and expanding Schedule A. With this RFI, DOL acts on that instruction.
Generally, DOL is soliciting comments and suggestions on whether any STEM occupations should be added to Schedule A, and on how to define and determine which occupations should be considered as falling under the umbrella of STEM. More specifically, with a view to revising Schedule A, DOL requests answers to the following questions:
What are appropriate data sources for determining or forecasting potential labor shortages for STEM occupations?
What methods are available, either alone or in conjunction with other methods, to measure the presence and severity of labor shortages for STEM occupations?
How could DOL establish a reliable, objective, and transparent methodology for identifying STEM occupations with labor shortages that should be added to Schedule A?
Should the STEM occupations potentially added to Schedule A be limited to largely professional positions or be expanded to include skilled technical occupations?
Should Schedule A be expanded to include non-STEM occupations, and if so, what data sources and methodologies should be used to identify non-STEM occupations with labor shortages?
Public comments are due on or before February 20, 2024. After considering the public’s input, DOL may issue a proposed or interim final rule to amend Schedule A.
Please note that the above is for informational purposes only and does not constitute legal advice. For specific questions about responding to the Request for Information, please contact your team at D&S.