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Eilberg Amendment (1976): Difference between revisions
→Key Changes in the Amendment
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==Key Changes in the Amendment== | ==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The important changes the Eilberg Amendment made to the Immigration and Nationality Act (originally enacted in 1952) relevant to high-skilled immigration are quoted below.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. | The important changes the Eilberg Amendment made to the Immigration and Nationality Act (originally enacted in 1952) relevant to high-skilled immigration are quoted below.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)]] | [[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'''['''.''']''' ''and whose services in the professions, sciences, or arts are souqht by an employer in the United States''. | 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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[[File:Eilberg-Amendment-1976-1.png|thumb|Eilberg Amendment to Section 212 (a) (14) of the Immigration and Nationality Act (1952)]] | [[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 ''(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) | 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) | ||
</blockquote> | </blockquote> | ||
To justify the changes in the ammendment, the sponsoring committee expressed the following "concerns": | |||
[[File:Labor-certification-provision-equally-qualified-American-workers.png|center|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 "Special Handling" Process== | ==The "Special Handling" Process== | ||