Editing Eilberg Amendment (1976) (section)

==Key Changes in the Amendment==

The important changes the Eilberg Amendment made to the Immigration and Nationality Act (originally enacted in 1952) relevant to high-skilled immigration are quoted below. Square brackets indicate material removed by the amendment; italics indicate material added.

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[[File:Eilberg-Amendment-1976-Section-203-(a)-(3).png|350px|thumb|Eilberg Amendment to Section 203 (a) (3) of the Immigration and Nationality Act (1952)]]

3) Visas shall next be made available, in a number not to exceed 10 per centum of the number specified in section '''['''201 (a) (ii)''']''' ''201 (a) (1) or (2)'', to qualified immigrants who are members of the professions, or who because of their exceptional ability in the sciences or the arts will substantially benefit prospectively the national economy, cultural interests, or welfare of the United States'''['''.''']''' ''<span class="highlight">and whose services in the professions, sciences, or arts are souqht by an employer in the United States<span>''.
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(6) Visas shall next be made available, in a number not to exceed 10 per centum of the number specified in section '''['''201 (a) (ii)''']''' ''201(a) (1) or (2)'', to qualified immigrants who are capable of performing specified skilled or unskilled labor not of a temporary or seasonal nature, for which a shortage of employment and willing persons exists in the United States.
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'''SECTION 212 (a) (14) OF THE IMMIGRATION AND NATIONALITY ACT'''

[[File:Eilberg-Amendment-1976-1.png|thumb|Eilberg Amendment to Section 212 (a) (14) of the Immigration and Nationality Act (1952)]]

SEC. 212. (a) (14) 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 the Attorney General that (A) there are not sufficient workers [in the United States] who are able, willing, qualified ''<span class="highlight">(or equally qualified in the case of aliens who are members of the teaching profession or who have exceptional ability in the sciences or the arts)<span>'', and available at the time of application for a visa and admission to the United States and at the place '''['''to which''']''' ''where'' the alien is [destined] to perform such skilled or unskilled 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. The exclusion of aliens under this paragraph shall not '''['''to special immigrants defined in section 101(a) (27) (A) (other than the parents, spouses, or children of United States citizens or of aliens lawfully admitted to the United States for permanent residence),''']''' to preference immigrant aliens described in section 203 (a) (3) and (6), and to nonpreference immigrant aliens described in section 203 (a) (8)
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To justify the changes in the ammendment, the sponsoring committee expressed the following "concerns":

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[[File:Labor-certification-provision-equally-qualified-American-workers.png|thumb|Sponsoring committee's "concerns" about Labor Certification Provision; amendment requiring Secretary of Labor to determine that "equally qualified" American workers are available in order to deny a labor certification.]]

This legislation retains the labor certification provision with one minor modification and extends it equally to third and sixth and nonpreference applicants from both hemispheres.

The Committee continues to be disturbed by the administration of the labor certification requirement by the Department of Labor and plans to review this entire program during the next Congress. The Committee, however, is particularly troubled by the rigid interpretation of this section of law as it pertains to research scholars and exceptional members of the teaching profession. <span class="highlight">More specifically, the Committee believes that the Department of Labor has impeded the efforts of colleges and universities to acquire outstanding educators or faculty members who possess specialized knowledge or a unique combination of administrative and teaching skills. As a result, this legislation includes an amendment to section 212(a) (14) which requires the Secretary of Labor to determine that "equally qualified" American workers are available in order to deny a labor certification for members of the teaching profession or for those who have exceptional ability in the arts and sciences.<span>

The Committee expects the Department of Labor to work closely with persons of specialized competence from industry, government and institutions of higher education in developing appropriate standards and criteria to carry out the purpose of this amendment. In addition, consideration should be given to the establishment of an "ad advisory group, which would be consulted by the Secretary of Labor in difficult cases.
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