Immigration News - Global Mobility, H-1B, Immigration Reform, Programs & Policy, Schedule A, United States United States | DOL receives 2000+ comments on modernizing Schedule A Share this article LinkedIn Facebook X (Twitter) June 10, 2024 The Department of Labor received more than 2,000 comments in response to its Request for Information on whether to revise its list of Schedule A job classifications that do not require permanent labor certification. Key Points: Schedule A has not been updated since 2004. Comments from the business community — including Fortune 100 companies and business groups and organizations such as Business Roundtable, Compete America and The Institute for Progress — generally encouraged the agency to modernize Schedule A by: Establishing a regular schedule for updating the list so that it does not become outdated; Creating a data-driven methodology to identify shortages; and Accepting feedback from the public. The AFL-CIO submitted a comment urging DOL to limit Schedule A rather than broaden it and to only waive the labor market test for “Group II” positions that require exceptional ability in the sciences, arts or performing arts. Additional Information: DOL published this RFI in December 2023 in response to a directive from President Biden in the October 2023 Executive Order on Artificial Intelligence, and accepted comments until May 13. Many of the comments in favor of updating Schedule A reminded DOL of this directive, arguing that taking this action would serve important national interests and ensure the United States continues to lead in critical fields. BAL Analysis: The RFI was a preliminary step in the rulemaking process, and DOL will now review this information and determine its next steps. BAL will continue to monitor developments relating to Schedule A and will provide updates as information becomes available. This alert has been provided by the BAL U.S. Practice Group. Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.