United States: DOL Extends Comment Period for RFI on Revising Schedule A to May 13

The Department of Labor (DOL) has extended the public comment period on its Request for Information (RFI) on revising Schedule A to May 13, 2024, from February 20, 2024. The extension notice was published in the Federal Register.

The RFI, which was published on December 21, 2023, requested public input on the possible expansion of Schedule A to include STEM and non-STEM occupations for which U.S. workers are in short supply. According to DOL, the comment period for the RFI is being extended as the agency received a very limited number of comments, many of which did not provide the information requested or address the questions raised in the RFI. DOL also received a request from a stakeholder for an extension of the public comment period. The agency notes that an extension until May 13, 2024 is sufficient and appropriate to balance the agency’s need for timely and robust input and to satisfy the stakeholder’s request.

As a reminder, the RFI invites comments and suggestions concerning the following two general topics:

• Whether any STEM occupations should be added to Schedule A, and if so, why; and
• Defining and determining which occupations should be considered as falling under the umbrella of STEM, and why.

DOL is also seeking input on the following specific questions:

• What sources of data could be used to determine or forecast potential labor shortages for STEM occupations by occupation and geographic area?
• What methods are available that can be used alone, or in conjunction with other methods, to measure presence and severity of labor shortages for STEM occupations by occupation and geographic area?
• How could DOL establish a reliable, objective, and transparent methodology for identifying STEM occupations with significant shortages of workers that should be added to Schedule A?
• Should the STEM occupations potentially added to Schedule A be limited to those OEWS occupations used in most of the recent BLS publications (which cover mostly professional positions), or should the STEM occupations be expanded to include additional occupations that cover skilled technical occupations?
• Should DOL expand Schedule A to include other non-STEM occupations? If so, what should DOL consider to establish a reliable, objective, and transparent methodology for identifying non-STEM occupations with a significant shortage of workers that should be added to or removed from Schedule A?

This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.