Last Updated on December 21, 2023
The Department of Labor (DOL) has issued an advanced Request for Information (RFI) to provide the public opportunity to comment on revising Schedule A eligibility to include occupations in Science, Technology, Engineering, and Mathematics (STEM) and other non-STEM occupations.
Schedule A occupations are occupations for which the DOL has predetermined that there are not sufficient U.S. workers who are able, willing, qualified, and available. As such, Schedule A green card sponsorship does not require approval of a Labor Certification and thereby, eligibility for Schedule A reduces steps and cost in the employer-sponsored green card process. Presently, Schedule A Occupations are limited to Physical Therapists and Professional Nurses and individuals of exceptional abilities in the arts, sciences, and performing arts.
In direct response to President Biden’s Executive Order 14110, Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, the Employment and Training (ETA) division of the DOL will provide the public the opportunity to address whether and why STEM occupations, including Artificial Intelligence (AI) related occupations, and other non-STEM occupations, should be added to Schedule A. The public may provide input on the notice, including data and other relevant information on how the DOL can establish a reliable and transparent method of updating Schedule A.
Information that the DOL receives from the public will be considered in determining how the agency will revise Schedule A to fulfill the Executive Order’s goals of promoting competition in AI, ensuring U.S. competitiveness in AI, and preventing AI-enabled threats.
The DOL expects to post its updated list in the Federal Register shortly, at which point the agency will accept comment for 60 days. Those interested in submitting comments may do so through the federal eRulemaking portal website.
Envoy is pleased to provide you with this information, which was prepared in collaboration with Anne Walsh, who is a Partner at Corporate Immigration Partners, P.C., a U.S. law firm who provides services through the Envoy Platform (the “U.S. Law Firm”).
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