In the mid-1960s, the Department of Labor (DOL) established Schedule A within the PERM labor certification program to cater to the growing labor demand during a period of rapid economic expansion in the United States. Schedule A outlines a set of occupations for which the DOL has determined there is a shortage of qualified and available U.S. workers. Due to this scarcity, the DOL has granted "pre-certification" to these Schedule A occupations. Employers seeking to hire foreign workers for Schedule A occupations are exempt from the requirement to test the U.S. labor market and submit a PERM labor certification application to the DOL. Instead, they must apply for Schedule A designation by submitting an uncertified PERM labor certification application to the U.S. Citizenship and Immigration Services (USCIS) along with the Form I-140 Immigrant Petition for Alien Workers.

Currently, Schedule A occupations include:

Group I – physical therapists and professional nurses; and

Group II – individuals with exceptional abilities in the sciences or arts, such as college and university teachers, and those with exceptional abilities in the performing arts.

The most recent revision of Schedule A occurred in 2004. Recent research and studies indicate shifts in economic and labor market conditions, particularly in industries and occupations reliant on foreign workers. Specifically, there is a noted shortage in Science, Technology, Engineering, and Mathematics (STEM) occupations, including those related to Artificial Intelligence (AI). The DOL acknowledges that various sources attribute the STEM labor shortage to factors such as waning interest in STEM fields, branding challenges in STEM among younger generations, and limited access to foreign talent by employers.

Consequently, the DOL is contemplating a revision of Schedule A to encompass STEM occupations and potentially other non-STEM fields. On December 15, 2023, the DOL announced the issuance of a Request for Information (RFI) titled “Labor Certification for Permanent Employment of Foreign Workers in the United States; Modernizing Schedule A to Include Consideration of Additional Occupations in Science, Technology, Engineering, and Mathematics (STEM) and Non-STEM Fields.” The purpose of this RFI is to solicit public feedback on the outlined topics, with the comment period open until February 20, 2024.

With the comment period now closed and the DOL reviewing the responses to the RFI, we can expect a modernized Schedule A Shortage Occupation List anytime soon.

The Institute for Progress has written an article on the positive impact of modernizing the Schedule A Shortage Occupation List, if done correctly. Read more here.

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