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One of Biden’s Best Immigration Reforms Appears Dead
The U.S. Department of Labor has announced that it will not move forward with updating the Schedule A occupation list, a decision that is being met with disappointment from immigration experts and business leaders.
“This is as disappointing as it is unsurprising,” said Jon Baselice, vice president of immigration policy at the U.S. Chamber of Commerce. “DOL’s actions ever since the Request for Information announcement were unenthusiastic, to say the least, and it’s a shame because modernizing the Schedule A occupation list could have really benefitted many American companies and our economy as a whole.”
The decision comes after President Biden took office in January 2021 with a promise to reform U.S. immigration policies. The Department of Labor had initially announced that it would review and update the Schedule A occupation list, which includes occupations such as nurses, teachers, and other healthcare professionals.
But now, it seems that effort has stalled. “It is a big disappointment that this initiative is now dead,” said Otieno B. Ombok, co-leader of the immigration practice group at Jackson Lewis. “We had hoped the Biden administration would complete this review and announce changes by January 20 before the Trump administration comes in.”
The lack of action on Schedule A is a missed opportunity to streamline the process for obtaining labor certifications, which could have benefited U.S. employers and foreign-born professionals alike.
“Unless the Trump administration introduces reforms in this area, it means U.S. employers will continue to contend with the laborious and time-consuming PERM labor certification process for STEM-related occupations and other occupations for which there is a national shortage in the United States,” said Ombok.
The current processing time for labor certifications is lengthy, with an average of 468 days to process PERM applications for an analyst review and 496 days for an audit review. This means that it can take over two years for U.S. employers to obtain the necessary certifications to hire foreign-born professionals.
In addition to the lengthy processing times, obtaining a Prevailing Wage Determination, the first step in the process, typically takes six to eight months, while recruitment can last up to three months. This makes the entire PERM process take around two to three years or potentially longer.
The lack of action on Schedule A means that U.S. employers will continue to face challenges in hiring foreign-born professionals, particularly in STEM-related fields where there is a national shortage.
Source: www.forbes.com
