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Eilberg Amendment (1976): Difference between revisions
→Key Changes in the Amendment
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To justify the changes in the ammendment, the sponsoring committee expressed the following "concerns": | To justify the changes in the ammendment, the sponsoring committee expressed the following "concerns": | ||
[[File:Labor-certification-provision-equally-qualified-American-workers.png | |||
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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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==The "Special Handling" Process== | ==The "Special Handling" Process== | ||