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The Department of Labor has asked for public input on whether to revise its list of Schedule A job classifications that do not require permanent labor certification.
Key Points:
BAL Analysis: Green cards in the EB-2 and EB-3 classifications generally require permanent labor certification, or PERM; however, PERM is not required for occupations on the Schedule A list of shortage occupations. Schedule A has not been revised since 2004, and the DOL’s move to ask for public input is a welcome development towards modernizing the list and the process for revising it. This is a preliminary step in the rulemaking process, and several steps must be completed before the list can be updated. BAL will continue following this matter and will provide updates as information becomes available.
This alert has been provided by the BAL U.S. Practice Group.
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