Speech #890216230

But it was included with the intent that it be meaningful only where it has some meaning. Section 212(a) (14) of the act which is amended here relates only to those aliens who come here for the purpose of performing skilled or unskilled labor. Moreover. it was not our intention. nor that of the AFLCIO. that all intending immigrants must undergo an employment analysis of great detail that could be time consuming and disruptive to the normal flow of immigration. We know that the Department of Labor maintains statistics on occupations. skills. and labor in short supply in this country. Naturally. then. any applicant for admission who falls within the categories should not have to wait for a detailed study by the Labor Department before his certificate is issued. On the other hand. there will be cases where the Secretary will be expected to ascertain in some detail the need for the immigrant in this country under the provisions of the law. In any event. we would expect the Secretary of Labor to devise workable rules and regulations by which he could carry out his responsibilities under the law without unduly interrupting or delaying immigration to this country. The function of the Secretary is to increase the quality of immigration. not to diminish it below levels authorized by law. Mr. President. this analysis did not anticipate any serious administrative difficulties and the apparent need for the Department of Labor to expand its facilities. As the committee report stated: The Department of Labor should have no difficulty in adapting to this new procedure in as much as the Department. through its Bureau of Employment Security and affiliated State Employment Service agencies. presently determines availability of domestic workers and the standards of working conditions. There is no apparent need to increase facilities. This analysis did not anticipate any cumbersome. long. drawnout procedures which disrupt the normal flow of immigration. This analysis did not anticipate that each and every employable immigrant. with the exceptions noted. would be required to establish his qualifications to fill a specific job opening. for which a specific employer had satisfactorily established that no American worker was available. And I emphasize this point. Mr. President. because I believe this is the heart of the matterthis is the origin of the difficulties and public concern which currently plagues the implementation of section 212 (a) (14). I do not believe that the interpretation given this section by the Department of Labor adequately reflects the consensus expressed in this body during the debate last fall. or in the hearing records issued by the Subcommittee on Immigration and Naturalization. I believe the Senate anticipated more flexibility in the application of section 212(a) (14). In fact. I believe the Senate anticipated that blanket employment certification would be established for certain skilled occupations with a shortage of American labor. such as tailors. sample stitchers. exceptionally qualified governesses. orthopedic shoe builders. foreign specialty cooks and bakers. and so forthall of which would fall under sixth preference. The reasoning applied by the Department of Labor for blanket certification in the third preference category. would also seem valid for many cases in the sixth preference category. Certainly it would expedite the processing of an aliens request for a visa. As Secretary Wirtz testified with reference to the third preference category: It is fairly unrealistic to identify a particular job before the person gets to this country * * * instead of looking at the particular individual and finding a specific job opening for him. we review our economy as a whole. and then permit the admission of those who fit in by way of their occupation and experience into the broad areas of needed ability. In this connection.