Speech #900132478

Mr. Speaker. the Immigration and Nationality Act of 1965Public Law 89236was intended to facilitate immigration to the United States. it represents a new approach free from the inequities which restricted immigration for so many years. However. certain unforeseen difficulties in its implementation have created serious hardship. closing "the golden door" to many worthy immigrants. It is time to recognize that changes are necessary to expunge inequities in the new law and make its operation conform to its noble purpose. One of the most urgent problems concerns the labor certification process required by section 212(a) (14) of the act (8 U.S.C. 1182 (a) (14)). Prior to the effective date of the new law. December 1. 1965. an alien seeking to enter the United States for the purpose of performing skilled or unskilled labor was not eligible to receive an immigration visa onlyif the Secretary of Labor has determined and certified to the Secretary of State and to the Attorney General and (A) sufficient workers in thd United States who are able. willing and qualified are available at the time (of application for a visa and for admission to the United States) and place (to which the alien is destined) to perform such . . . labor. or (B) the employment of such aliens will adversely affect the Wages and working conditions of the workers in the United States similarly employed . . . (Section 212 (a) (14). 8 U.S. Code 1182 (a) (14) (1964 ed).) Moreover. only nonpreference aliens described by 8 United States Code 1153 (a) (4)-1964 editionand certain nonquota immigrants described in sections 1101(a) (27) (C). 27 (D). and 27 (E) of title 8 of the United States Code1964 editionwere subject to exclusion if the Secretary certified the existence of the requisite conditions. The present law provides that. among others. the following aliens shall be ineligible to receive visaS: Aliens seeking to enter the United States. for the purpose of performing skilled or unskilled labor. unless the Secretary of Labor has determined and certified to the Secretary of State and to the Attorney General that (A) there are not enough sufficient workers in the United States who are able. willing. qualified. and available at the time of application for a visa and admission to the United States and at the place to which the alien is destined to perform such ... labor. and (B) the employment of such aliens will not adversely affect the wages and working conditions of the workers in the United States similarly employed .... (Section 212(a) (14) 8 U.S. Code 1182(a) (14) (Supplement H 196566)) Under the previous law. such an alien could not obtain an immigration visa unless the Secretary of Labor had certified either that there were unavailable in the United States a sufficent number of workers for the particular job involved or that the employment of such alien would not adversely affect wages and working conditions. Present law precludes the granting of a visa to such an alien unless the Secretary of Labor has certifiedand the proper authorities have received notification of said certificationthat a sufficient number of workers are not available in the United States and that admission of said alien will not adversely affect wages and working conditions. The effect of the change was to shift the burden of proof from the Secretary to the alien. Under the previous law it was presumed that a job opening existed and that working conditions would not be adversely affected if the Secretary had not certified to the contrary.