from such country in the prior year in excess of 20,000. For Mexico and Canada, the ceiling for each country will equal 40,000 minus such excess of "immediate relatives" and "special immigrants" over 20,000 in the prior year, plus the unused numbers from the other country in the prior year. S. 2222 makes several changes in the current criteria for allocating numerically limited immigrant visas. The family preference categories will not include what is now referred to as the 5th preference, that is the brothers and sisters of adult U.S. citizens. This is done in order to reserve for the closer relatives the limited visas available for family reunification and to allow an increase in immigration opportunities for those who have no close relatives in the United States but who do have skills which will benefit the American people as a whole. Those who had already received 5th preference status and were on the waiting list as of March 1, 1982 will be protected. For the same reasons, the definition of second preference will be narrowed somewhat to cover spouses and minor children of permanent residents-their "nuclear family." The percentage of family reunification visas allocated to this category is increased greatly. The independent categories include one for substantial investors in the U.S. economy who create jobs for U.S. citizens and permanent residents other than their own relatives. The highest priority independent preference category is reserved for aliens with exceptional ability in the sciences, arts, professions, or business. This is the present third preference with certain exceptions: business is added to the fields covered, exceptional ability is required of members of the professions, and it is explicitly stated that possession of a degree, diploma, certificate, or similar award from an institution of learning, or of a license to practice or certificate for a particular profession or occupation shall not by itself be considered sufficient evidence of the required exceptional ability. New family reunification preference categories, along with their share of the total ceiling for such categories, are as follows: (a) (1): unmarried adult sons and daughters of U.S. citizens (present first preference): 15 percent plus unused in (a) (4); (a) (2): spouses and minor children of lawful permanent residents (present second preference, minus adult sons and daughters): 65 percent plus unused in (a) (1); (a)(3): married adult sons and daughters of U.S. citizens (present fourth preference): 10 percent plus unused in (a) (1) and (a) (2); (a) (4): brothers and sisters of adult U.S. citizens, whose visa petitions have already been approved (the present fifth preference backlog as of March 1, 1982): 10 percent plus unused in (a) (1)–(a) (3). ercessrex-e::4-pbh New independent preference categories, along with their share of the total ceiling for such categories, are as follows: (b) (1): aliens of exceptional ability (a modified form of the present third preference) will be allowed up to the ceiling; (b) (2): skilled workers needed in the U.S. (part of present sixth preference): visas unused in (b) (1); (b) (3): investors of $250.000 in a new enterprise creating at least four jobs: visas unused in (b) (1) and (b) (2) (no more than 10 percent of the ceiling); (b) (4) nonpreference aliens (the unskilled portion of the present sixth preference, plus nonpreference aliens): visas unused in (b) (1)– (b) (3). The bill modifies the requirement of section 212(a) (14) of the INA that the Secretary of Labor certify that aliens seeking to enter the U.S. for the purpose of performing labor will not adversely affect U.S. workers. The new section authorizes the Secretary of Labor to use general labor market information in considering the certification rather than only an analysis of the impact of the specific alien in the specific job. In addition the bill provides that the certification must include a finding that sufficient U.S. workers could not be trained within a reasonable period of time, and authorizes the Attorney General to waive the requirement of a job offer with respect to an alien seeking to obtain the status of an immigrant under section 203 (b) (1) of the IÑA. b. Nonimmigrants In addition S. 2222 proposes to change the law with respect to certain nonimmigrant categories. The bill amends the H-2 temporary worker program to establish a special procedure for seasonal workers in agriculture: Employers may not be required to apply more than 80 days in advance of need; The Secretary of Labor is directed to provide a decision on certification at least 20 days in advance of need; If certification is denied, the Secretary of Labor will make available an expedited procedure to review such denial, or, at the applicant's request, a de novo administrative hearing; If the Secretary of Labor determines that a certain number of qualified U.S. workers will be available at the time needed but at that time the U.S. workers are not available or are not qualified, then an expedited procedure to determine continued need will be available. If the employer claims that the U.S. workers were not qualified, the employer will have the burden of proving such lack of qualification. The bill provides that all regulations implementing the program must be approved by the Attorney General afer consultation with the Secretary of Labor and Secretary of Agriculture. The Secretary of Labor is authorized to monitor and enforce terms and conditions of the program. $20,000,000 is authorized for such enforcement and for the recruitment of U.S. workers. The Committee rejected proposals to adopt a massive new temporary or "guest worker" program. Such a program would create significant dangers, including adverse impacts on U.S. workers, especially if the temporary workers were not limited to the particular job or job category where they were allegedly needed. Many of the temporary workers could choose to stay permanently, as they have in Europe, where significant social problems resulted, as well as considerable doubt that the guestworker program had been a workable idea. Permanent stays are especially likely if the workers may bring in their family, if they have U.S. citizen children, if they are not restricted to a particular job or job category, or if they are authorized to stay for long periods in the U.S. (such long periods of stay increase ties to the U.S. and also the likelihood that the workers will bring in their family even if it is illegal, or if they have no family, that they will start a family in the U.S.). Furthermore, to the extent that temporary workers believe that they will be returning to their home country, they will tend not to learn English and otherwise integrate into American life. They will tend to form foreign enclaves, with associated social problems, and may even delay the integration of lawful permanent residents from the same country of origin. In addition the bill prohibits foreign students from adjusting their status to permanent resident and provides that foreign students will not generally be allowed to obtain immigrant status, or temporary worker status under INA section 101 (a) (H) or (L), until they have resided and been physically present in their home country for two years after their departure from the United States. Foreign students are admitted to the U.S. so that they may be educated and then return to their home country, giving that country the benefit of their U.S. education. In a sense it is a form of foreign aid. Allowing the students to stay is a "brain drain" of their best young talent. The Committee believes that the best long-term way to control immigration pressure on the U.S. is to encourage political and economic improvement abroad. If foreign students who have received the benefit of U.S. education and exposure to U.S. political values return to their home country, such improvements are more likely to occur. Furthermore, the Committee has been informed that a significant number of foreign students use their stay in the U.S. as "a scouting expedition" to search for a U.S. employer willing to submit preference petition on their behalf. Finally, the Committee notes and expresses its concern at what appears to be a growing dependence on foreign high technology labor. Part of this results from a pattern of college and industry recruitment of aliens facilitated by the ability of students to adjust to permanent resident status. The bill allows the Attorney General and the Secretary of State acting jointly to establish a 3-year pilot visa waiver program after the development of an automated nonimmigrant entry and exit control system. Under the program the requirement of a visitor's visa for the nationals of 5 countries selected from those which extend or agree to extend reciprocal privileges to U.S. citizens would be waived if such persons have a round trip, nonrefundable, nontransferable ticket and if the rate of exclusion and of visa denial for the nationals of such country is very low. This change would allow the Secretary of State to transfer resources to consular offices where the need to screen visitors is greater. Furthermore, the beneficial entry of desirable business and tourist visitors would be facilitated. Finally, the bill provides special immigration benefits to certain holders of the G-iv visa if they have resided in the U.S. for many years, specifically certain retired employees of international organizations, such as the U.N. and the World Bank, surviving spouses of deceased employees of such organizations, and children of such employees. (3) TITLE III-LEGALIZATION The U.S. has become home for millions of illegal aliens, a large number of whom have been here for many years. S. 2222 provides for the legalization of illegal aliens into two categories of legal status. First, illegal aliens who have continuously resided in the United States since January 1, 1978 will immediately qualify for permanent resident status. Second, those who have continuously resided in the U.S. since January 1, 1982, or who are in the Cuban/Haitian "entrant" status, will qualify for a temporary status, which may be adjusted to permanent status after two years if the alien has or is acquiring minimum English competence. Aliens in the temporary status will not be eligible for most forms of public assistance. Persons convicted of certain crimes, Nazis and other persons who have persecuted others, Communists, anarchists, saboteurs, and those seeking to overthrow the government will be excluded from each category of legalization. Most other classes of excludable alien will also not qualify, including aliens who are likely to become a public charge, unless a waiver is obtained. See Section-by-Section Analysis relating to Sec. 301. We seek three major goals through legalization: The first is to avoid wasteful use of the Immigration and Naturalization Service's limited enforcement resources. The United States is unlikely to obtain as much enforcement for its dollar if the Immigration and Naturalization Service attempts to locate and deport those who have become well settled in this country, rather than to prevent new illegal entry or visa abuse. The second goal is to allow dependent employers to continue lawfully hiring from this pool of labor. The third is to eliminate the illegal subclass now present in our society. Not only does their illegal status and resulting weak bargaining position cause these people to depress U.S. wages and working conditions, but it also hinders their full assimilation, and they then remain a fearful and clearly exploitable group within the U.S. society. (4) TITLE IV-REPORTS TO CONGRESS The President is required to report to the Senate and House Judiciary Committee on : (1) The employer sanctions provisions, including an analysis of the progress toward a secure verification system; and the impact of such provisions on illegal immigration, on U.S. employment, on discrimination against ethnic minorities, and on the recordkeeping burden of employers; (2) Legal immigration; (3) Legalization; (5) Visa waiver program. III. RECENT IMMIGRATION STUDIES AND REFORM EFFORTS The Immigration Reform and Control Act of 1982 represents the first comprehensive immigration reform effort in the United States in 30 years. The last major legislation enacted in this area was the Immigration and Nationality Act of June 27, 1952, popularly known as the McCarran-Walter Act. The 1952 statute has been modified through the years by a series of amendments, most notably those of 1965 and 1976. These amendments provided primarily for reform of the system for admitting legal immigrants to this country. While the amendments to the Immigration and Nationality Act ("INA") in the Immigration Reform and Control Act of 1982 would make additional changes in the legal immigration system, a significant portion of the legislation is directed toward improving control of illegal immigration to the United States. During the past decade, the principles embodied in these provisions have been the subject of substantial study by the Executive branch, as well as by the Congress. The reports and legislative activity generated during this period have focused on the basic components of the immigration reform package of S. 2222: employer sanctions, legalization, and increased enforcement, HISTORY, 92D-96TH CONGRESSES (1971-1980) In 1971, during the 92d Congress, the House Judiciary Subcommittee charged with immigration matters and chaired by Representative Peter W. Rodino, Jr., initiated a lengthy series of hearings pertaining to the control of illegal or undocumented aliens. Mr. Rodino's subcommittee reported in 1975, that: The basic conclusion reached by the majority of the members of the subcommittee as a result of the hearings was that the adverse impact of illegal aliens was substantial, and warranted legislation both to protect U.S. labor and the economy, and to assure the orderly entry of immigrants into this country.1 The legislation resulting from these hearings consisted of two bills which would impose graduated administrative, civil, and criminal penalties on employers who knowingly employed illegal aliens. The House Judiciary Committee explained its choice of employer sanctions as the principal means of curbing illegal immigration as follows: The committee believes that the primary reason for the illegal alien problem is the economic imbalance between the United States and the countries from which aliens come, coupled with the chance of employment in the United States. Consequently, it is apparent that this problem cannot be solved as long as jobs can be obtained by those who enter this country illegally and by those who enter legally as nonimmigrants for the sole purpose of obtaining employment. The committee, therefore, is of the opinion that the most reasonable approach to this problem is to make unlawful the "knowing" employment of illegal aliens, thereby removing the economic incentive which draws such aliens to the United States as well as the incentive for employers to exploit this source of labor.2 The House Judiciary Committee's employer sanctions legislation was endorsed by both the Nixon and Ford Administrations and passed 1 H. Rept. 94-506, 94th Congress, 1st session, Sept. 24, 1975, p. 5. 2 Ibid., p. 6. |