Speech #900146119

While this measure is directed toward instituting a vast number of needed reforms. there Is one important area not coveredthe question of the labor certification. Although the hope has been expressed that this subject will be considered during the course of hearings on the bill. it contains no specific language to this effect. Under the provisions of the 1965 Immigration Act. all intending immigrants without preference must first secure approval. or a labor certification. from the Secretary of Labor. stating that their admission will not adversely affect AmerIcan citizens similarly employed. before their applications for immigrant visas will even receive some initial consideration. Governmental studies have shown that the quality of immigration results In the creation of more jobs than the immigrants themselves take and. in many cases. the immigrants are hlghly skilled and can make major contributions to American science. technology. and Industry. Prior to December 1. 1965. the effective date of Public Law 89236. the burden of proof rested with the Secretary of Labor. and an alien could enter the United States unless the Labor Secretary specifically said "No." At present. however. the labor certification requirement for third. sixth. and nonpreference immigrants stipulates that the Secretary grant specific approval that an allens employment in this country will not adversely affect the domestic labor force. This procedure results in prolonged. often detailed. And generally unnecessary additional paperwork and administration of the alien employment certification program. In a recent report. the Department of State informed me thatThis requirement [labor certification requirement] has made it more difficult for persons of all nationalities to obtain visas when they have no relatives in the United States who can confer on them a relative preference status which would exempt them from the labor certification requirement or when they cannot qualify to fill a job in a profession or occupation for which workers in the United States are in short supply. This labor certification requirement has hit prospective Irish immigrants particularly hard. Statistics prove that section 212(a) (14) of the 1965 Immigration Act has caused a definite decrease in Irish immigration to the United States. For example. only 860 visas were issued to applicants to whom this section applied from December 1. 1965. through March 31. 1967. Of the over 6.000 Irishmen who made application for visas during the same period of time. only a little over 2.000. or onethird. actually received visas. I cannot see why the Irish should be discriminated against. particularly when one considers the many outstanding contributions made to American science. religion. arts. and humanities. government. and politics. industry. and technology by many Irish immigrants and their descendents. However. although the Irish have long been one of our largest groups of immigrants. they are now severely restricted as the great majority of those wishing to come to our country must apply for a labor certification in order to obtain permission to enter. Unfortunately. we did not foresee this difficulty when we passed the 1965 Immigration Act in the 89th Congress. and I am sure our colleagues will agree. Mr. Speaker. that this Inequity can and should be corrected with the greatest dispatch. Therefore. I am also introducing today a bill which amends section 212(a) (14) of the Immigration and Nationality Act. The effect of this amendment will be to restore more flexibility to the current laws definition of "skilled workers" and restore the former labor provisions of the immigration laws prior to 1965. In addition. I have added a section to the CellerKennedy bill which calls upon the Department of Labor. in cooperation with the Departments of State and Justice. to conduct a thorough study of the operation and effect of the labor certification procedure and to report to the Congress on or before 6 months of the date of the bills enactment. Mr. Speaker. the time has come when we must realistically examine our immigration policies. and remove from our laws discriminatory practices and procedures of selecting immigrants. which amount to nothing more than a standing affront to millions of our citizens and our friends overseas. Public Law 89236 went a long way but not far enough. Further legislative action Is required to demonstrate to the world our dedication to equal and just treatment of immigrants. and I urge that my two bills receive expeditious and favorable consideration.