Will DOL Update Schedule A List To Address Labor Shortages?

The Schedule A list of occupations that do not require the employer to conduct a labor market test (a PERM labor certification) as part of a green card application process has not been updated in at least 20 years. Almost a year ago, in December 2023, the Department of Labor (DOL) issued a Request for Information asking for public comment on how to possibly expand the Schedule A list. More than 1,000 comments were submitted by the close of the comment period on May 13, 2024. To date, there still has been no response from the DOL.

The government has already concluded that there are insufficient numbers of qualified U.S. workers available to fill openings in the Schedule A occupations, which have until now been limited to physical therapists, professional nurses, and immigrants of exceptional ability in the sciences or arts. This list is clearly outdated given current labor shortages, especially in STEM fields. The STEM employment gap is growing, particularly in