Eilberg Amendment (1976): Difference between revisions

[[File:Eilberg-Amendment-1976-Section-203-(a)-(3).png|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'''['''.''']''' ''and whose services in the professions, sciences, or arts are souqht by an employer in the United States''.

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 ''(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)'', 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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We have to stop this.... This is not a thousand-year-old tradition; this has to do with Vannevar Bush, the endless frontier, the expansion of the post secondary education system. You know, I was hanging out with the provost at the UCSD and he didn't even understand the effect of the Eilberg Amendment of 1976, Bayh-Dole in 1980, the fraudulent NSF and NAS projections of a looming shortage that opened the floodgates of foreign labor inside universities; its misclassification as student apprenticeship, there's an entire recent horrible history of turning the modern Professor into a serf, not just the graduates student into a serf, but attempt to destroy academic freedom. If you cannot tell people to screw off and know that you are still funded the next day, and you can still come into your office, the field is lost.

Archived communication between the then acting Secretary of Labor and James T Lynn, then Director of the Office of Management and Budget, outlines concerns expressed by the Secretary of Labor at the time that the amendment was being considered:

[[File:Secretary-of-Labor-Concern-1.png|thumb|Acting Secretary of Labor's Concern, p. 1]]

[[File:Secretary-of-Labor-Concern-2.png|thumb|Acting Secretary of Labor's Concern, p. 2]]

'''Except in the case of certain persons of exceptional merit and ability, the Department of Labor does not believe that aliens should be admitted if "qualified" U.S. workers are available.'''

We note that under the bill the Secretary would not certify aliens for employment if there were sufficient workers of that type available for work at the place where the alien will work. In our view, the bill does not substantially differ from the Department's present interpretation of the permissible area of consideration for the determination of the availability of US workers. However, '''we are concerned that this may be construed as permitting employers to ignore U.S. workers who are willing and available to relocate.'''

This concern foreshadows the criticism Eric puts forward in his analysis, and does not seem to have been addressed before the amendment was passed. Emphases in '''bold''' in the quoted paragraph above are ours.

==See Also==

* [[Science, The Endless Frontier]]