How Biden’s AI Executive Order Can Revolutionize Employment-Based Immigration


President Biden’s recent executive order on artificial intelligence has the potential to revolutionize employment-based immigration in the United States. The order aims to modernize the Schedule A list, which is critical to fill labor shortages in high-demand fields and attract global talent to the country’s crucial sectors.

Understanding the Impact of Biden’s AI Executive Order on Employment-Based Immigration

The White House’s executive order on artificial intelligence is a significant step towards reshaping employment-based immigration laws. Under this order, the Department of Labor (DOL) is required to issue a request for information (RFI) by December 13, seeking inputs on “identifying AI and other STEM-related occupations.” This process invites public and expert engagement, and it is the first significant update in the Schedule A list since 1991.

The Significance of Updating the Schedule A List

The modernization of Schedule A is crucial to address the evolving needs of the American labor market, particularly in the wake of the COVID-19 pandemic. The last significant update to the list was in 1991, and it has become outdated. The White House’s order positions the country to keep pace with the economic and skill demands of the market.

Adopting a Data-Driven Approach to Labor Shortages

The DOL should leverage comprehensive labor market analytics to update the Schedule A list. This approach involves analyzing trends in unemployment rates, employment growth, wage patterns, and job vacancy rates. A data-driven approach ensures that the list accurately reflects current labor shortages and can adapt to future market changes.

Global Comparisons: Learning from the UK and New Zealand

Countries like the United Kingdom and New Zealand regularly adjust their shortage occupation lists based on extensive labor market research and stakeholder input. The US can learn from these examples to create a dynamic and responsive immigration system that keeps pace with economic and skill demands.

Beyond Filling Gaps: A Strategy for Economic Growth and Innovation

The modernization of Schedule A is not just about filling job vacancies; it’s about driving advancement and innovation in critical sectors such as STEM and healthcare. By attracting international talent in these areas, the US can maintain its status as a hub for innovation and progress, complementing domestic workforce contributions.


The White House’s AI executive order is an essential step in reshaping the employment-based immigration landscape. It offers predictability and flexibility to the system and aligns with current economic conditions. However, modernizing employment-based immigrant visa categories is also crucial to avoid long wait times for foreign workers. This comprehensive approach ensures the US remains a competitive destination for global talent, fostering economic growth and innovation.

If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at for more information.