Schedule A Updates Are Needed
to Expedite Hiring in Critical Industries

‘Schedule A’ is a policy mechanism that allows U.S. employers to expedite the immigration process for qualified foreign-born workers in industries and occupations where there are not enough U.S. born workers available. Unfortunately, the list of Schedule A eligible occupations has not been updated in more than 30 years. The Biden administration should resume regular updates to Schedule A so that qualified immigrants can more quickly get to work, particularly in critical and emerging industries.

FWD.us has been examining opportunities for the administration to more fully utilize existing immigration pathways for workers with needed skills, to strengthen the U.S.’ global competitiveness and tamper economic challenges like inflation and persistent labor gaps.

One solution: Update the list of ‘Schedule A’ occupations. Updating Schedule A could help expedite the immigration process for highly skilled workers in critical occupations, provide certainty and predictability for top global talent considering working in the U.S., and save millions of dollars annually for U.S. taxpayers along the way.

Currently, the Schedule A list includes only two occupations—nurses and physical therapists—and a general category for “immigrants of exceptional ability in the sciences and arts,” like university professors. Historically, the list of occupations on the Schedule A list was much more expansive, including physicians, engineers, and scientists, and was updated regularly. However, the Department of Labor removed almost all other occupations from the Schedule A list in the early 1990s, and has not changed since.

Certainty and predictability for highly skilled workers and U.S. employers

Employment-based immigration processes take years to complete, cost thousands of dollars, and require significant legal guidance to navigate. Because Congress has not updated the employment-based immigration system in more than thirty years, there are not enough available visas each year to match demand, the qualifications do not align with currently needed skill sets and hiring practices, and agencies are bogged down by processing backlogs. Applications are often delayed or denied simply because of minor filing errors or inconsistent adjudication practices.

As a result, even if they meet all the statutory requirements, many immigrants and sponsoring employers face daunting uncertainty about when—and even if—their applications might be approved. This can seriously limit U.S. companies’ ability to grow, and can dampen immigrants’ willingness to take these jobs, knowing they will have to navigate that system.

Allowing an alternative to PERM through Schedule A would reduce the chances for delays or denials, offering more certainty for individuals considering the years-long immigration process. This is particularly important at a time when other countries are aggressively recruiting highly skilled workers by advertising expansive and fast-tracked immigration pathways. Improving predictability in these processes would strengthen American competitiveness in the global race for talent.