Speech #900132478

Schedule C is a list of occupations which have been found to be in short supply generallyalthough not nationwide as in schedule A. This schedule includes not only certain jobs of the sixth preference variety. but any person qualified as a professional or who has exCXIII- 1717Part 20 ceptional ability in the sciences or arts and whose occupation is not listed on schedule A. This latter group is eligible for a third preference visa. An alien applying for a schedule C job need file only form ES575A29 Code of Federal Regulations 60.3(b). I understand. however. that his chances of obtaining a certification are higher if both ES575 A and B are filed. The available evidence indicates that the shifting of the burden from the Secretary to the prospective immigrant has resulted in extreme hardship for those faced with unfamiliar customs and procedures. The hardship is compounded for the many who find it difficult. if not impossible. to handle the English language with the facility necessary to negotiate the redtape involved. Moreover. except for the select few jobs listed on schedule A. the alien. while in his own country. must not only find an existing job opening. but he must show via his prospective employer the nonexistence of available employees already in the United States and that his presence will not adversely affect wages and working conditions. Whether the average employer will subject himself to the uncertainty and redtape involved is highly questionable. The American Immigration and Citizenship Conference in a "Memorandum on the New Immigration Law With Particular Reference to the Labor Certification Requirement. February 23. 1967" stated: ... Thus. the law now places the burden of proof on the immigrant who is far removed from the American scene. They have to submit U.S. Department of Labor Form ES575A and get an employer who is willing to employ them and who will fill out Form ES575B. These forms are in addition to the regular visa petition forms. This procedure presents numerous difficulties and delays in that an employer has to show the efforts he has made to find an American worker through a variety of ways. indicating that there are no resident workers available . . . the employer has to go through the long drawn out process of filling out Form ES575B for a person whom he has never seen and who. because of the complications of administrative processes undoubtedly could not come to him for months. during which period any number of new conditions might arise. If this procedure proved so difficult formerly in connection with highly specialized professionals. how much more cumbersome and even open to misuse will It be for the average immigrant? It is questionable how many employers would be willing to go through this process. (See p. 11543.) As difficult as the procedure faced by "qualified immigrants who are members of the professions" may be. it is even more difficult for sixthpreference category applicants. Earlier this year I presented statistics indicating that the new law was an important factor in the decline of those immigrating to the United States from 1967. page 13166. That study. prepared at my request by the U.S. Embassy in Ireland. stated that among the several reasons for a decline in Irish immigration to the United StatesThere is no doubt that section 212(a) (14) of the Act has caused a decrease in Irish immigration to the United States. As many Irish visa applicants are unskilled or semiskilled workers. they are unable to qualify under section 212(a) (14) as amended. Although statistics for fiscal year 1967 have not yet been made available by the Visa Office of the Department of State. the figures for fiscal year 1966. during which the law became effectiveDecember 1. 1965indicate a sharp decrease in visas issued to Irish immigrants. Compared to preceding issues. Fiscal year: Visas issued 1962 ---------------------------5.354 1963 ---------------------------6.237 1964 ---------------------------6.328 1965 ---------------------------5.378 1966 ---------------------------3.071 (Annual Report of the Visa Office. Bureau of Security and Consular Affairs. Department of State. p. 28. 1966.) This same report at page 42 shows that between July 1. 1965. and November 30. 1965. 2.422 nonpreference immigrants and selected immigrants of special skills from Ireland obtained visas. On December 1. 1965. the new law became operative. Between that date and July 30. 1966. only 385 visas were issued to Irish immigrants in the third. sixth and nonpreference categories--see page 45. Admittedly. part of the discrepancy may be accounted for by the attempt of many to obtain visas before the new law became effective when they might otherwise have waited until later in the fiscal year. but. as indicated by the U.S. Embassy. it is only a partial explanation. I have recently received from the U.S. Embassy in Ireland a letter dated September 12. 1967. signed by Ambassador Raymond R. Guest. updating to June 30. 1967. the date on visas applied for and issued to Irish immigrants. I include it at this point in the REcoRD: