Episode 73: Visa stats, Diversity visa results, Schedule A update

It’s May 9, and this is your BAL Immigration Report.

• Nonimmigrant visa issuance continues to rise.
• Diversity Visa results are now available.
• Updates to the Department of Labor’s Schedule A occupation list could help the green card process for workers in critical industries.

“Since 1991, there’s been tremendous change in the labor market, particularly in STEM fields and technology fields, which were not a huge part of the workforce at that time.”

—Mark Ellis, BAL Senior Associate

U.S. news

Nonimmigrant visa issuance increases again

Nonimmigrant visa issuance continued to climb in fiscal year 2023, surpassing pre-pandemic totals. That’s according to statistics recently published by the State Department. The Visa Office issued nearly 10.5 million nonimmigrant visas in fiscal year 2023, up 34% percent from 2022’s total. Visa issuance plummeted during the COVID-19 pandemic but has rebounded in the last two fiscal years.

Diversity Visa lottery results released

Results of the 2025 Diversity Visa lottery are now available online. Applicants can check their status on the State Department’s Entrant Status Check website. The department will not notify selectees via email, text, phone call or any method other than the official online portal. Those selected in the lottery will receive instructions via the website on how to apply for immigrant visas for themselves and eligible family members. The Diversity Visa program provides 55,000 immigrant visas per year to individuals from countries with low levels of immigration to the U.S.

U.S. news roundup

• The Department of Labor posted updated PERM and prevailing wage determination processing times.
• The State Department published the June Visa Bulletin, showing no movement in most employment-based categories.
• S. Citizenship and Immigration Services confirmed it would use Final Action Dates to determine employment-based filing eligibility.

Spotlight

A conversation with BAL Senior Associate Mark Ellis: how updates to the Department of Labor Schedule A occupation list could help keep the U.S. competitive in artificial intelligence and other emerging technologies.

BAL Immigration Report: The DOL is accepting public input on whether to revise Schedule A through May 13. The agency is doing so pursuant to President Biden’s 2023 executive order on AI, which includes provisions aimed at attracting foreign workers in key economic sectors. Mark Ellis, a senior associate in BAL’s Santa Clara office, joined the podcast to discuss Schedule A and what potential changes could mean for employers.

Ellis: Right now, the Department of Labor published a request for information seeking public commentary on modernizing Schedule A — so potentially, update the list of occupations that’s on there, updating the groups in Group II of scheduling. That’s related to the executive order because the executive order from last October specifically directed the Department of Labor to seek information and look into updating Schedule A. Given that it’s been 30 years since that list of occupations was updated, that executive order asked them to focus specifically on STEM fields and fields relating to AI, advanced computing, things of that nature, which have compelling national interests in terms of U.S. competitiveness and various other factors.

BAL: We asked Ellis for a background on Schedule A and the new STEM considerations.

Ellis: Schedule A is an abbreviated labor certification process for certain specific occupations that have been identified by the Department of Labor as having a shortage of qualified, willing and able U.S. workers to fill the vacancies. Schedule A has two subtypes: There’s Schedule A, Group I, where specific occupations are listed — that was last updated in 1991. That includes just two occupations: professional nurses and physical therapists. Schedule A, Group II, is the second subset, and that’s a little bit more general — that’s for individuals of exceptional ability. That was last updated in 2004 to add persons of exceptional ability in the performing arts.

What is missing in the list of occupations is, since 1991, there’s been tremendous change in the labor market, particularly in STEM fields and technology fields, which were not a huge part of the workforce at that time. Today, we’ve got lots of shortages for STEM workers, for STEM fields, for technology industries that are really ripe for having Schedule A updated.

BAL: Ellis shared that timing and next steps are dependent on the DOL’s approach.

Ellis: It’s a little bit of an unknown of how long it might actually take. If they decide to update Schedule A after this request for evidence information closes, the next step would be to publish a notice of proposed rulemaking, which would allow another comment period, a public comment period of 30-60 days. If, after that’s done, they’re satisfied with the comments they’ve received and feel like they’re ready to make a final rule, the final rule would be published in the Federal Register.

So it depends on how they approach this and what they actually do before Schedule A would actually ultimately be updated. If it’s a direct update, then it could be fairly quick. If it’s just a rule that sets forth a process, then however long that process takes will be how long it takes for Schedule A to be updated. It remains to be seen, but certainly we’re hopeful. This is certainly a promising thing for them to be looking at.

Global news

China extends visa-free entry policy

The Chinese government has extended its visa-free entry policy for 11 European countries and Malaysia through the end of 2025. The trial program was originally set to expire at the end of November. Eligible countries include Austria, Belgium, France, Germany, Hungary, Ireland, Italy, Luxembourg, Malaysia, the Netherlands, Spain and Switzerland. Nationals of these countries may enter China and stay for up to 15 days for business, tourism, family visit or transit purposes.

Canadian immigration updates

Canadian authorities have announced several immigration updates. Immigration, Refugees and Citizenship Canada is introducing an improved online processing times tool, which allows individuals to view estimated wait times for decisions on certain applications.

The agency also made changes to several federal business programs to improve service. For the Start-up Visa Program, officials will limit the number of permanent residence applications accepted each year from investor groups and offer priority processing to start-ups funded by Canadian capital. And IRCC is pausing Self-Employed Persons Program application intake to focus on processing existing applications, which are currently backlogged more than four years.

Global news roundup

• Italian authorities have published updated information related to applications for digital nomad and remote worker visas.
• Sri Lanka extended its visa-free entry policy for nationals of seven countries.
• Thailand has extended visa waivers for Russian, Indian and Taiwanese travelers.

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