Speech #930042865

Because I have long recognized this problem I have introduced legislationH.R. 980. 93d Congresswhich would to some extent alleviate this problem. The bill I have introduced does not represent a complete solution to the problem but rather a clear recognition that a problem does exist and that corrective legislation is urgently needed. Furthermore. as a member of the Immigration and Nationality Subcommittee for several Congresses and as chairman of this subcommittee during the 92d Congress. I have been extremely perplexed and disturbed by the position of the Department of Labor regarding this particular problem. They consistently have maintained that there is a surplus or availability of American workers to fill the positions that I have mentioned and have steadfastly Ignored the pleas of employers who. despite sincere efforts to locate American workers. are unable to do so. Section 212(a) (14) of the Immigration and Nationality Act expressly provides that a labor certification should be granted if: First. there are not sufficient workers in the United States who are able. willing. qualified and available for the job intended to be filled by the alien. and second. the employment of such alien will not adversely affect the wages and working conditions of American workers. In implementing the first requirement. the Department of Labor notwithstanding the statutory language considers only the availability of workers and not whether such workers are. in fact. willing to accept such employment. Another problem which has surrounded the implementation of an effective labor certification program is the lack of close cooperation between the Department of Labor and the Departments of State and Justice. Our extensive hearings on illegal aliens clearly indicated the need for greater coordination between these agencies of Government in formulating policies regarding the permanent and temporary admission of aliens for employment purposes. This lack of cooperation is exemplified by the disagreement which exists between these Departments regarding an amendment to 101(a) (15) (H) (ii) of the Immigration and Nationality relative to the admission of temporary workers. In commenting on a revision of this section known as the H2 program to allow temporary workers to take jobs which are permanent in nature. the Justice Department stated: The purpose of this change is to enlarge the opportunities for American employers to obtain needed temporary labor through lawful processes. with safeguards to American labor .... it would provide flexibility in fulfilling the needs of American employers. and in diminishing the incentive to use workers who are illegally in the United States. Likewise the State Department commented: The Department does recognize that there will be occasions in which there is a legitimnate need for the temporary service of [nonimmigrants] due to a temporary unavailability of qualified workers. either regionally or on a nationwide basis.