# Regulatory Comment Urges DOL to Update “Shortage” List We therefore urge DOL to act with dispatch – not merely in gathering information from the public, but more importantly, by promptly publishing a final rule that updates and vastly expands the listing of “shortage” occupations in both STEM and non-STEM fields. May 13, 2024 • Public Comments By [David J. Bier](https://www.cato.org/people/david-bier), Sam Peak, and Angelo A. Paparelli [ Download PDF ](https://www.cato.org/sites/cato.org/files/2024-05/bier-public-comment-5-13-24.pdf) he following comment was submitted in response to a Department of Labor (DOL) Employment and Training Administration [request for information](https://www.federalregister.gov/documents/2023/12/21/2023-27938/labor-certification-for-permanent-employment-of-foreign-workers-in-the-united-states-modernizing#open-comment) on Reg​u​la​tions​.gov. Dear Mr. Pasternak: Americans for Prosperity Foundation (AFPF), the Cato Institute and Angelo A. Paparelli submit this comment as our response to the December 21, 2023 Request for Information (RFI) issued by the Department of Labor (DOL or Department) soliciting public comments from employers and other interested parties as the DOL considers revising Schedule A of the permanent labor certification process. AFPF is a nonpartisan organization dedicated to educating and training Americans to be courageous advocates for the ideas, principles, and policies of a free and open society. The Cato Institute is a nonpartisan, nonprofit public policy research organization. For nearly half a century, Cato has produced original research on immigration, finding that immigrants make the United States a more prosperous country. Angelo Paparelli is certified as a Specialist in Immigration and Nationality Law by the State Bar of California’s Board of Legal Specialization and blogger at [www​.nationofim​mi​gra​tors​.com](http://www.nationofimmigrators.com) who joins in this comment solely in his personal capacity and not on behalf of any other person or entity. **Introduction** We commend the DOL for complying with Executive Order 14110 on the “Safe, Secure and Trustworthy Development and Use of Artificial Intelligence” which, among other things, directed the Secretary of Labor to “publish a request for information (RFI) to solicit public input, including from industry and worker-advocate communities, identifying AI and other STEM-related occupations, as well as additional occupations across the economy, for which there is an insufficient number of ready, willing, able, and qualified United States workers.” As the RFI notes, Schedule A – which has not been updated since 2004 – has been comprised of occupational listings and geographic locations where (1) DOL determined that there were insufficient U.S. workers able, willing, qualified, and available for hire, and (2) the employment of noncitizens would not adversely affect the wages and working conditions of similarly employed U.S. workers. Without question, the U.S. economy and labor market have changed dramatically in the two decades since Schedule A was last updated. We therefore urge DOL to act with dispatch – not merely in gathering information from the public, but more importantly, by promptly publishing a final rule that updates and vastly expands the listing of “shortage” occupations in both STEM and non-STEM fields. [![Regulatory Comment Urges DOL to Update "Shortage" List cover](/sites/cato.org/files/styles/serial_cover_phone/public/2024-05/bier-public-comment-5-13-24-cover.png?itok=23mHNkEq)](https://www.cato.org/sites/cato.org/files/2024-05/bier-public-comment-5-13-24.pdf) ### Download This Public Comment ##### Regulatory Comment Urges DOL to Update “Shortage” List [ Download PDF ](https://www.cato.org/sites/cato.org/files/2024-05/bier-public-comment-5-13-24.pdf) ##### About the Authors [![David J. Bier](/sites/cato.org/files/styles/author_picture/public/2021-01/David%20Bier.jpg?itok=orT_ECKQ)](/people/david-bier) ##### [David J. Bier](/people/david-bier) Director, Immigration Studies, and The Selz Foundation Chair in Immigration Policy, Cato Institute [ ](https://x.com/David_J_Bier) [ ](mailto:dbier@cato.org) ##### Sam Peak Americans for Prosperity Foundation ![Angelo A. Paparelli - cropped](/sites/cato.org/files/styles/author_picture/public/2024-10/Angelo-A-Paparelli-cropped.jpg?itok=tdPa2i5Y) ##### Angelo A. Paparelli Partner, Vialto Law (US) [![Creative Commons License](/build/cato_2020/images/creative-commons.svg)](http://creativecommons.org/licenses/by-nc-sa/4.0/) This work is licensed under a [Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License](https://creativecommons.org/licenses/by-nc-sa/4.0/). [ Download PDF ](https://www.cato.org/sites/cato.org/files/2024-05/bier-public-comment-5-13-24.pdf)