Eilberg Amendment (1976): Difference between revisions

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[[File:Immigration-and-Nationality-Act-Amendments-of-1976-Report-title-page.png|thumb|Title page of the Immigration and Nationality Act Amendments of 1976 Report (Eilberg Amendment)]]
[[File:Immigration-and-Nationality-Act-Amendments-of-1976-Report-title-page.png|thumb|Title page of the Immigration and Nationality Act Amendments of 1976 Report (Eilberg Amendment)]]


The Eilberg Amendment to the Immigration and Nationality Act of 1952, while largely focused on family reunification and establishing a preference system for visa allocation, added several clauses that significantly impacted the employment-based immigration landscape. By setting quotas and priority dates, it influenced the availability of visas for high-skilled workers in the science and technology sectors.  
The [https://www.fordlibrarymuseum.gov/sites/default/files/pdf_documents/library/document/0055/1669712.pdf HR14535 Immigration and Nationality Act Amendments of 1976], otherwise known as the Eilberg Amendment to the [https://www.govinfo.gov/content/pkg/STATUTE-66/pdf/STATUTE-66-Pg163.pdf Immigration and Nationality Act of 1952], sponsored by [https://en.wikipedia.org/wiki/Joshua_Eilberg Rep. Joshua Eilberg (D) Pennsylvania] and several others, while largely focused on family reunification and establishing a preference system for visa allocation, added several clauses that significantly impacted the employment-based immigration landscape. By setting quotas and priority dates, it influenced the availability of visas for high-skilled workers in the science and technology sectors.  


The amendment's "special handling" provisions facilitated the hiring of foreign academics, potentially disadvantaging American researchers by allowing universities to prioritize foreign candidates. By allowing universities to prioritize marginally more qualified foreign candidates, the amendment contributed to wage suppression and reduced job opportunities for domestic talent. This policy also risked stifling innovation by incentivizing the hiring of less risky, potentially less innovative candidates, thereby impacting the quality and creativity of U.S. research output.  
The amendment's "special handling" provisions facilitated the hiring of foreign academics, potentially disadvantaging American researchers by allowing universities to prioritize foreign candidates. By allowing universities to prioritize marginally more qualified foreign candidates, the amendment contributed to wage suppression and reduced job opportunities for domestic talent. This policy also risked stifling innovation by incentivizing the hiring of less risky, potentially less innovative candidates, thereby impacting the quality and creativity of U.S. research output.  
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==Key Changes in the Amendment==
==Key Changes in the Amendment==
[[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.]]


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.
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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==On X==
==On X==


Eric has mentioned the Eilberg amendment numerous times on X:
Eric has mentioned the Eilberg Amendment numerous times on X:


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==On Youtube==
Eric mentioned the Eilberg Amendment in a conversation about academia with Brian Keating:
<blockquote>
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.
- '''Eric Weinstein''' on [https://youtu.be/YjsPb3kBGnk?t=2531 Brian Keating's podcast] on May 19, 2020
</blockquote>
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==Additional Criticism==
==Additional Criticism==
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</blockquote>


This concern does not seem to have been addressed before the amendment was passed. Emphases in '''bold''' in the quoted paragraph above are ours.
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.


==References==
==References==
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* [[Embedded Growth Obligations]]
* [[Embedded Growth Obligations]]
* [[IMMACT90]]
* [[IMMACT90]]
* [[Macropaternalism]]
* [[Mansfield Amendment (1969)]]
* [[Mansfield Amendment (1969)]]
* [[Peer Review]]
* [[Peer Review]]
* [[Science, The Endless Frontier]]
* [[Science, The Endless Frontier]]
* [[Science Since Babylon]]
* [[Science Since Babylon]]
* [[The Idealism of Every Era Is the Cover Story of Its Greatest Theft]]
* [[Thug-Review]]
* [[Thug-Review]]
* [[Universal Institutional Betrayal]]
* [[Universal Institutional Betrayal]]


[[Category:History]]
[[Category:History]]