Department of Labor’s Request for Information (RFI) on including STEM occupations in Schedule A category

On December 21, 2023, the Department of Labor (DOL) issued a Request for Information (RFI) on "Modernizing Schedule A to Include Consideration of Additional Occupations in Science, Technology, Engineering and Mathematics (STEM) and Non-STEM Occupations." In this request, DOL calls for input “…including data, statistical metrics or models, studies, and other relevant information, on how the Department may establish a reliable, objective, and transparent methodology for revising Schedule A to include STEM and other non-STEM occupations that are experiencing labor shortages, consistent with requirements of the Immigration and Nationality Act (INA).” 

The goal of this RFI is to ensure that DOL’s measures are “…striking an appropriate balance between the need to provide U.S. workers notice of available permanent job opportunities and the opportunity to apply for those job opportunities, and, where insufficient U.S. workers are available to satisfy an employer's need for permanent labor, the need to provide employers access to foreign labor through effective administration of the permanent labor certification program.” 

The data submitted by the public regarding this subject will help inform decisions regarding whether or how to improve the Schedule A process and to ensure the purpose of responding to national labor shortages is more effectively met based on changing workforce needs. DOL originally set the due date for comments as February 20, 2024, but has extended the comment period through May 13, 2024.  The Federal Register notice regarding this extension can be found here, and interested parties are encouraged to comment.