Missed Opportunity: Outdated Schedule A List Means PERM Processing Delays Continue

The Department of Labor’s (DOL’s) Proposed Rule to add new occupations to the Schedule A list is “dead,” at least for now. Stakeholders see this as a disappointment and a missed opportunity.

• The failure to move forward with this rule is a significant disappointment for many high-skilled immigrants and the employers who need them, all of whom would have benefited from the streamlined process for obtaining employment-based green cards.
• Considering the current processing times for PERM Applications – which have ballooned over the past year and currently sit at around 15 months – expanded access to Schedule A would provide improved certainty regarding job opportunities for employers and foreign-born workers alike.

Schedule A list occupations do not require the employer to conduct a labor market test as part of a green card application process because the government has already determined that there are not enough U.S. workers available for these positions – thus simplifying and speeding up the process. Currently, the Schedule A list only includes physical therapists, professional nurses, and individuals of exceptional ability. The list is clearly outdated because there are many occupations, particularly in STEM fields, experiencing a national labor shortage.

The DOL began its Schedule A initiative with a Request for Information (comments) in December 2023. The goal was to consider how to add more STEM and non-STEM occupations to the list. The comment period was extended, but it seems the rule is not even on the DOL’s list of priorities. Those looking for relief will have to wait and see if the Trump Administration decides to pick up this initiative.

Jackson Lewis attorneys are available to assist with the processing of all types of green card cases, including Schedule A green cards.