Speech #890188951

Any discussion of the quotacontrol process may seem unduly involved and technical. but I think there is a public interest In the mechanics of quota control. There certainly are some misconceptions about where the quotacontrol function is centered. Actually. the determination Is made by the quotacontrol unit in the Visa Office of the Department of State. on the basis of reports received monthly from some 200 visa issuing offices throughout the world. These reports reflect the qualified demand for visas within each of the preference categories as well as within the nonpreference category. It is on the basis of these reports that the requested numbers are allocated. subject of course to the availability of sufficient numbers to meet the demand and subject to the statutory ceilings. Heretofore. intending immigrants have competed for the limited supply of quota numbers within their respective national quotas. It made no difference to the fourthpreference Greek or Spanish registrants how many fourthpreference Italians were on the waiting list. They were not competitors prior to December 1. but they are today. The competition for the 55.000 visa numbers constituting the immigration pool for this fiscal year is now worldwide. These numbers will be allotted to qualified preference immigrants. without regard to country of birth. strictly in the order in which the approved petition was filed with the Attorney General and in the order in which the immigrants otherwise qualify for a visa. provided they cannot promptly obtain an immigrant visa under the national quota to which they would normally be chargeable. In other words. the filing date of the petition is not necessarily controlling. The consul does not request a visa number until the alien has qualified in all respects. and this depends to a large extent on how promptly he assembles the supporting documents and forwards them to the consul. During the remaining 7 months of this fiscal year. we will have sufficient numbers to meet all qualified demand in the first four preferences. and this being so. priority dates will not be too important. But they will be important so far as concerns fifth preference. where we anticipate a qualified demand in excess of the available numbers. Some adjustments have had to be made in order to make numbers available for the sixth preference (labor in short supply) and the seventh preference (refugees). Otherwise. the first five preferences might preempt all available numbers. This will not happen after July 1. 1968. when the maximum authorization of 170.000 numbers could as a practical matter be fully utilized. But as for this fiscal year. we are limited by the 55.000 numbers in the pool plus the numbers which will be made available from the national quotas. and the latter allotments have normally not exceeded 100.000 in any one year. It is estimated that we may not exceed 150.000 visa numbers for this year. and yet the preference ceilings are geared to the higher figure of 170.000. This explains why we have had to be realistic and have reserved a portion of the numbers for the sixth and seventh preferences. So far as concerns the US. consul abroad. his duties certainly are not diminished by the passage of Public Law 89236. although with the repeal of the AsiaPacific triangle restriction. he is relieved of the task of determining the ancestry of intending immigrants in order to charge them to the proper Asian quota. The consul is assuming new duties in connection with the more restrictive labor safeguard which. with the possible exception of those provisions phasing out the national origins quotas. is the most significant aspect of the new law. How much additional workload will devolve upon the consul by reason of the published lists of skills and occupations in short supply or oversupply remains to be seen. but it could be very substantial. If the aliens particular skill or occupation appears on the shortsupply list as compiled by the Department of Labor. this will constitute the Secretary of Labors certification and relieve the applicant of the necessity of securing an individual clearance. On the other hand. where Labors shortsupply list does not include the applicants profession or occupation. or where the applicant does not clearly qualify in any profession or occupation on the shortsupply list. the responsibility for further action will revert to the Department of Labor. In the circumstances. the consul will suggest that the applicant seek an individual clearance. or he may request an advisory opinion from the Department of Labor on the question of the aliens qualifications. The Department of State will. of course. cooperate fully to minimize the number of individual clearances. but the consuls primary responsibility is not changed by the new law. that is. to examine visa applicants in relation to grounds of ineligibility such as crimes involving moral turpitude. moral character. public charge. fraud. draft evasion. and security. Responsibility for the enforcement of the labor safeguard is entrusted solely to the Secretary of Labor.