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Hickenlooper, Cramer Call on Department of Labor to Streamline Immigration Process, Address Critical Workforce Shortages

Dec 11, 2023

WASHINGTON – Today, U.S. Senators John Hickenlooper and Kevin Cramer sent a letter to Department of Labor (DOL) Acting Secretary Julie Su urging the agency to simplify the process of hiring international talent to reduce workforce shortages in critical high-skilled industries. U.S. Senators Joe Manchin and Mike Rounds also signed onto the letter.

In their letter, the senators advocate for use of the Schedule A Shortage Occupation list to streamline hiring international workers in high demand industries, like STEM and health care. DOL hasn’t updated the list to include more than two specific occupations–professional nurses and physical therapists–since 2005.

“For too long, unnecessary red tape has prevented skilled immigrants from helping us fill vacancies and maintain U.S. competitiveness in vital industries,” wrote the senators. “Placing select high-demand occupations on the list would not only accelerate the filling of these vacancies, it would also ease the remaining volume of labor certifications your department must process.”

Current vacancies in STEM and healthcare occupations that undermine healthcare in rural communities and threaten our national security are expected to increase. More than one third of the 3.85 million positions expected to be created for computer scientists, engineers, and technicians by 2030 are predicted to go unfilled.

The letter has been endorsed by FWD.us, the Alliance for a New Immigration Consensus, the National Immigration Forum, the Schedule A Coalition, and the Colorado Hospital Association.

Earlier this year, US Senators Hickenlooper and Cramer introduced the EAGLE Act to make it easier for American employers to hire immigrants to fill critical workforce gaps, regardless of their country of origin. The bill would phase out the 7 percent per-country limit on employment-based immigrant visas and raise the 7 percent per-country limit on family-sponsored visas to 15 percent.

In August, Senator Hickenlooper introduced the bipartisan SEASONAL Act, which would permit governors to petition the federal government for supplemental H-2B visas beyond the national cap of 66,000.

View the full letter here and below.

Dear Acting Secretary Su:

We write to encourage the Department of Labor to use its Schedule A Shortage Occupation list as a tool to address the workforce shortages our country is facing in critical high-skill industries, including Science, Technology, Engineering, and Math occupations (STEM) and professional healthcare occupations.

Established in 1965, the Schedule A Shortage Occupation List was created to simplify the process of hiring international talent. Occupations on the Schedule A list may be filled by immigrants sponsored for employment-based green cards without their sponsor being required to obtain a permanent labor certification, a process that can take over a year. Importantly, this process does not increase the number of employment-based (EB) visas available, and individuals who work in Schedule A occupations are held to the same eligibility standards as any other EB visa applicant.  It is simply a tool to be more responsive to skilled-labor needs across the nation. Unfortunately, the Schedule A list has not been updated since 2005, and currently consists of only two specific occupations: professional nurses and physical therapists, which fails to account for how our workforce shortages have evolved.

Throughout its history, the Schedule A list has included a variety of high-skill occupations, saving vital processing time for employers looking to fill positions in healthcare, scientific research, advanced manufacturing, and more. Many of those same industries are once again sounding the alarm about job growth coupled with workforce shortages – both current and anticipated. According to the Bureau of Labor Statistics, occupations in the STEM sector are projected to grow at more than twice the rate of other occupations by 2031.  The Semiconductor Industry Association projects of the 3.85 million positions expected to be created for computer scientists, engineers, and technicians by 2030, more than 1/3 will go unfilled.  And in its most recent industry outlook survey, the National Association of Manufacturing reported “attracting and retaining a quality workforce” was already the primary concern of over 74% of the firms it represents. 

Vacancies in these high-skill industries also threaten U.S. national security and readiness. The Department of Defense, in its FY20 Industrial Capabilities Report, explained that “the production of engineers and scientists with U.S. citizenship, and the skills necessary to successfully develop and sustain the software required by the DOD in modern environments, is not keeping up with demand.”  The DOD further acknowledged that “this issue directly threatens U.S. national self-determination in commerce and geopolitics.”  

Similarly, the Bureau of Labor Statistics projects a much faster than average growth for healthcare occupations from 2022 to 2032, citing a projection of 1.8 million openings annually.   While nursing is one of the few identified Schedule A occupations, staffing challenges have persisted, due to in part to these professionals increasingly being relied upon to address shortages in other sectors of the healthcare industry. Additionally, the U.S. Department of Health and Human Services, Health Resources and Services Administration (HRSA) has projected shortages across the fields of Behavioral Health, Family Medicine, General Internal Medicine and Nursing.  As employers across our states respond to workforce challenges on the ground, we should ensure all solutions are on the table, including the use of a skills-based immigration approach to bolster healthcare professionals serving our communities.

In some parts of rural and remote America, immigrant healthcare specialists provide the only access to care. A sharp decline in visa issuance for legal permanent resident and temporary visa issuance between 2019 and 2020, attributed to the COVID-19 pandemic,  further impacted workforce shortages for industries like home health, who are working to care for the growing U.S. aging population.  These professionals are essential to the continued well-being of our citizens, underscoring the importance of your department using the tools at its disposal to combat critical staffing shortages.

While this undoubtedly points to a need for greater investment in our domestic STEM and healthcare workforce, which I/We look forward to working with your agency to address, there remains a significant need for individuals who can fill these gaps now. Lengthy processing delays at the Department of Labor prevent international professionals from being part of the solution. In September 2023, your agency reported the average processing time for PERM labor certification applications had reached 326 days. If an audit of the application is performed, the average rises to 489 days. 

Placing select high-demand occupations on the list would not only accelerate the filling of these vacancies, it would also ease the remaining volume of labor certifications your department must process. And while we applaud the recent announcement that your agency is moving to examine use of the Schedule A list once again, we would like to better understand the following:

  1. Why has the Department of Labor not updated the Schedule A list in nearly 20 years?
  2. Why is the list not reviewed at regular intervals given the frequent and significant changes in the economy and labor market?
  3. Are there any specific barriers the department has faced when attempting to do so? If so, what additional resources are needed?
  4. Does the Department of Labor take into account the national security, as well as economic, needs of the US economy when updating the Schedule A list?
  5. Does the Department of Labor take into consideration skills-based needs when updating the Schedule A list?

For too long, unnecessary red tape has prevented skilled immigrants from helping us fill vacancies and maintain U.S. competitiveness in vital industries. The Department of Labor has tools at its disposal to address some of these challenges, but does not seem to have employed them to the fullest extent possible. We look forward to better understanding how Congress can work with your agency to combat workforce shortages, attract and hire international talent, and continue growing the economy.

Sincerely,  

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