The U.S. Department of Labor (DOL) is considering possible changes to the employment certification process to try to simplify the hiring of foreign workers in science, technology, engineering, and mathematics (STEM) fields for U.S. companies. Now open for public input, the DOL is asking for feedback on the possible expansion of the “Schedule A” list, a pre-certified compilation of occupations for U.S. employers to fill with noncitizen workers.

The Schedule A list streamlines the hiring process for noncitizen workers in occupations facing labor shortages from a preapproved list of roles. Positions on this schedule, identified by the DOL as experiencing a labor shortage, lets employers directly petition U.S. Citizenship and Immigration Services (USCIS) for green cards, bypassing DOL approval delays. The schedule has not been updated since 2004.

Recognizing that the schedule hasn’t gone through a comprehensive examination in three decades, with the occupation list remaining unchanged since 2004, the DOL is addressing the shortage of qualified STEM workers. Seeking public input, the DOL is exploring the addition of STEM occupations to Schedule A and is open to feedback on establishing an objective, transparent method for identifying eligible STEM jobs. The DOL is also considering potential expansion to include non-STEM positions and is inviting public feedback on those additions as well.

This initiative supports the U.S. government’s review of the competitiveness of the domestic STEM sector. Lawmakers are expressing concerns about potential loss of technological advantages to other nations, with some focusing on safeguarding sensitive U.S. technology. Additionally, there is recognition that immigration may contribute to fortifying the domestic STEM sector.

We actively monitor ongoing proposed updates to U.S. immigration policy. Our experienced attorneys work closely with clients to help them optimize their chances of a successful outcome. If you have questions about U.S. immigration-related issues, feel free to contact us. We are with you every step of the way.