The Department of Labor (DOL) has published a notice in the Federal Register indicating that it intends to request public comments on potential changes to the Schedule A labor certification program. Under that program as it currently exists, nurses and physical therapists are exempted from the labor market test that is normally required for the PERM labor certification process. This exemption is due to DOL’s recognition of a nationwide shortage of nurses and physical therapists. However, that program has not been reviewed or updated in many years, and DOL is planning to review the Schedule A program as part of its overall labor certification modernization efforts.
Portia Wu, who is the Assistant Secretary of Labor for the Employment and Training Administration of DOL, stated in a keynote address for an American Immigration Lawyers Association conference on Friday, March 8th that DOL has not yet decided on what changes should be made to the Schedule A program and is interested in receiving ideas and suggestions from the public on potential changes. When DOL is ready to solicit these comments, it will publish a further notice in the Federal Register with instructions for submitting comments. SPS Immigration PLLC will continue monitoring the Federal Register for this notification. If you have questions about the Schedule A labor certification program, please contact SPS Immigration PLLC.