In October 2023, the White House issued an Executive Order on the “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.” The EO seeks to use the authority of the Executive Branch to promote and strengthen U.S. leadership and investment in A.I. and, as an extension of that interest, in STEM (Science, Technology, Engineering and Mathematics) and other emerging technologies.
The EO directs a wide range of federal agencies to study and then implement policies which further the Administration’s objective. Among its other provisions, the EO directs the U.S. Department of Labor (DOL) to consider expanding its “Schedule A” list of fast-track occupations to encompass A.I. and other STEM-related occupations for which there are an insufficient number of ready, willing, able and qualified U.S. workers.
In compliance with this directive, in December 2023, the DOL published a Request for Information (“RFI”) soliciting input from stakeholders and the public on the expansion of “Schedule A” to include A.I.- and STEM-related occupations which, if implemented, would give U.S. employers and immigrants in these fields a substantially more accelerated path to legal immigration.
By way of explanation, most applications for employment-based permanent residence require a certification from the Secretary of Labor, verifying the unavailability of qualified, willing, and available U.S. workers for a given opening. The process of securing that certification – called Labor Certification – involves several steps including testing the labor market to determine the availability of qualified U.S. workers. The process takes more than 18 months, involves thousands in costs and, in nearly all cases, is an exercise in futility as the demand for workers in many occupations far exceeds the supply.
“Schedule A” addresses that problem by waiving the Labor Certification requirement for specified occupations in which there is a presumptive shortage of U.S. workers. Waiving the Labor Certification requirement means reducing long timelines for qualified high-value immigrants, for the benefit of U.S. employers and the country. At present – and for 20 years – Schedule A has been limited to nurses, physical therapists and immigrants of “exceptional ability in sciences or the arts.” Broadening “Schedule A” to include A.I.- and STEM-related occupations, would serve U.S. national interests by allowing qualified high-value immigrants with education and expertise in these fields to come to the U.S. with less red tape and in less time, and would thereby help the U.S. to establish and maintain competitive leadership in these critical and emerging fields.
DOL is currently accepting comments from the public, including statistical data and other relevant information, on whether the agency update and enlarge “Schedule A.” The comment period will be open until February 20, 2024. For additional information about the DOL’s “Schedule A” RFI, click here. To discuss the process of employment-based immigration for AI- and STEM-focused occupations, contact us.