Modernizing Schedule A to Include the Consideration of Additional Occupations

March 12, 2024

Submitted via Regulations.gov

The Honorable Brent Parton
Assistant Secretary for Employment and Training
Employment and Training Administration
U.S. Department of Labor
200 Constitution Avenue NW
Washington, DC 20210

Re: Modernizing Schedule A to Include the Consideration of Additional Occupations
DOL Docket No. ETA–2023–0006
RIN 1205-AC16

Dear Assistant Secretary Parton,

On behalf of the more than 50,000 members of the American Physical Society (APS) — the largest physics membership organization in the United States — I am writing a response to the following questions from the recent Request for Information (RFI), Modernizing Schedule A to Include the Consideration of Additional Occupations:

  • Question 1: Besides the OEWS, ACS, and CPS, what other appropriate sources of data are available that can be used to determine or forecast potential labor shortages for STEM occupations by occupation and geographic area?
  • Question 3: How could the Department establish a reliable, objective, and transparent methodology for identifying STEM occupations with significant shortages of workers that should be added to Schedule A?

As our membership includes both domestic and international scientists, students, and other physics professionals, providing a clear and efficient path to a career in the United States for foreign-born scientists is a priority for the Society. U.S. competitiveness, national security, and economic vitality critically depend on science and technology, which strongly depends on and benefits from the contributions of foreign-born scientists and engineers.

At its core, Schedule A is a mechanism to identify types of employment where there are insufficient numbers of U.S. workers available to fill open jobs. APS supports domestic workforce development through our advocacy and with our programming (e.g. APS Bridge Program, Conference on Undergraduate Women in Physics). However, the workforce demands of critical and emerging technology fields (e.g. quantum information science, artificial intelligence, semiconductors, etc) still surpass the domestic supply and will likely continue to for the foreseeable future2,3,4. The small supply relative to the demand for STEM talent is evident in unemployment statistics: in 2021, STEM workers with a bachelor’s degree or higher had a lower unemployment rate than those employed in the skilled technical workforce (2.4% vs. 4.9%)5.

Foreign-born scientists can help fill this gap. Between 2000 and 2019, international students accounted for more than 40% of the roughly half million STEM PhDs awarded by U.S. universities6, and 46% of physics PhDs7. Unfortunately, numerous obstacles to launching a long-term career in the United States have made retaining this talent increasingly difficult. With other countries readily engaging in policy-making to better attract these talented individuals, modernizing Schedule A is an important step toward improving our competitiveness.

The current Schedule A system enables an employer to streamline the application process for narrowly defined job titles in nursing and physical therapy or for “exceptional ability.” The RFI focuses on whether additional occupations should be added to this list. While the effort to expand access to the international STEM workforce by including additional job titles is positive, occupation titles alone can obfuscate what many STEM employers are actually seeking: skill sets and, to a lesser degree, educational backgrounds. With this in mind, and in response to Question 3, we suggest that the Department of Labor consider incorporating a method of evaluating what skills are in high demand but insufficient in supply, and what degrees incorporate those skills, rather than only specifying job titles. Moving away from a list-based process can better address the needs of dynamically evolving industries.

With regard to Question 1, industry and professional society studies can be a source of information on shortages. As one example of an emerging technology with critical workforce needs, consider the case of quantum science and technology. Recent surveys of employers have collected preliminary inventories of desired skills. Among these employers, there is reasonable consensus about which skills are important, but the number and type of important skills and knowledge varies significantly between job roles8. For advanced degree holders, a selection of these skills include Quantum Information Theory, Quantum Error Correction, Quantum Algorithm Development, Quantum Science (Chemistry, Physics, etc.), Quantum Photonic/Laser Physics, Quantum Sensor Physics, and Theoretical Mathematics or Statistics. The survey report authors caution, however, that the quantum industry is young and evolving rapidly, and so too might their workforce needs. Leaving flexibility for employers to fulfill their employment needs in a field that is on the cutting edge of innovation is vital.

A degree may also serve as shorthand for an expected skill set. While some jobs require highly specific topical expertise, such as a Quantum Error Correction Scientist, many more require a broad technical background. Highly desirable skills in computer programming, data handling, machine learning/AI, complex modeling, statistical analysis, experimental design, project management, and technical writing/communication are gained through the course of earning an advanced degree in physics. These skills work for many jobs in the quantum technology industry, but also for many jobs across the technical sector more broadly—evident from the 73% of physics PhDs went into industry between 2016 and 20209. Employers recognize the value of physics, and physics has been an engine for economic growth10, providing students with the skills needed to address some of our most pressing challenges today.

Finally, it is important to note that the above comments on quantum technologies apply broadly across many emerging fields, including but not limited to artificial intelligence, microelectronics and advanced materials.

Updating Schedule A in the manner outlined in this response would give the DOL the opportunity to better use its resources to focus on applications where protecting U.S. workers is needed, thus reducing timelines for processing and providing more certainty for industries where there is relative scarcity of qualified and available U.S. workers. Thank you for considering the views of the American Physical Society in the modernization process. If you have questions or would like to further discuss our concerns outlined above, please do not hesitate to contact APS Director of Public Affairs Mark Elsesser (elsesser@aps.org; 202.846.8121).

Sincerely,

Young-Kee Kim
President, American Physical Society
 

1. https://www.aps.org/policy/analysis/upload/Building-America-STEM-workforce.pdf
2. https://www.quantum.gov/wp-content/uploads/2022/02/QIST-Natl-Workforce-Plan.pdf
3. https://www.mckinsey.com/capabilities/mckinsey-digital/our-insights/quantum-computing-funding-remains-strong-but-talent-gap-raises-concern
4. https://www.semiconductors.org/america-faces-significant-shortage-of-tech-workers-in-semiconductor-industry-and-throughout-u-s-economy/
5. https://ncses.nsf.gov/pubs/nsf23315/report/stem-unemployment#unemployment-rates-by-educational-attainment-in-the-stem-labor-force
6. https://cset.georgetown.edu/wp-content/uploads/CSET-The-Long-Term-Stay-Rates-of-International-STEM-PhD-Graduates.pdf
7. https://ww2.aip.org/statistics/trends-in-physics-phds
8. https://quantumconsortium.org/assessing-the-needs-of-the-quantum-industry/
9. https://ww2.aip.org/statistics/whos-hiring-physics-phds
10. https://www.aps.org/programs/industrial/impact-economy.cfm