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TO AMEND THE IMMIGRATION AND NATIONALITY ACT

THURSDAY, JULY 16, 1970

HOUSE OF REPRESENTATIVES,
SUBCOMMITTEE No. 1 OF THE
COMMITTEE ON THE JUDICIARY,
Washington, D.C.

The Subcommittee met at 10 a.m., in room 2237, Rayburn House Office Building, Hon. Michael A. Feighan (chairman of the Subcommittee) presiding.

Present: Representatives Feighan, Rodino, Dowdy, Eilberg, and Dennis.

Also Present: Garner J. Cline, counsel, and Donald G. Benn, associate counsel.

Mr. FEIGHAN. The Subcommittee will come to order.

This is the first public hearing in a series scheduled by the Immigration and Nationality Subcommittee to consider various aspects of Western Hemisphere immigration and the operation of the preference system on the Eastern Hemisphere. In 1965 the Congress first imposed a numerical ceiling of 120,000 immigrants on the Western Hemisphere. Unlike the system devised for Eastern Hemisphere immigration, there was no preference or priority system based on relationships or skills established for the Western Hemisphere. Intending immigrants from the Western Hemisphere were admitted on a first-come-firstserved basis. Parents, spouses, and children of U.S. citizens are the only classes exempt from the numerical limitation.

The number of applications from the Western Hemisphere for permanent residence in the United States greatly exceeds the numerical limitation of 120,000 immigrant visas a year available to natives of the Western Hemisphere. Currently, oversubscription of these numbers has resulted in a waiting list for an issuance of a visa of approximately 1 year. Moreover, the present system for the Western Hemisphere is highly inequitable, since the spouse of an alien lawfully admitted for permanent residence is required to wait on the same list with an unskilled worker who has met labor certification requirements but who has no ties to anyone in this country.

In the Act of October 3, 1965, the Congress created a Select Commission on Western Hemisphere Immigration. This Commission submitted a final report to the President and to the Congress on January 15, 1968. It is time to update and amplify the report of the Commission. Specifically, the Subcommittee will examine the socioeconomic development of the constituent countries of the Western Hemisphere, unemployment in the United States, by occupation, industry, and geographical areas in relation to immigration from the Western Hemis

phere, and prospective patterns of immigration to the United States and relevant factors which affect such patterns.

The need for establishment of a preference system for the Western Hemisphere and the structure of such a preference system will be considered, as well as a per country numerical limitation.

The Subcommittee will be particularly interested in testimony concerning the establishment of a worldwide numerical ceiling and a unified preference system. Consequently, the Subcommittee will review application of the preference system on the Eastern Hemisphere and modification of this system, as well as the subject of refugees as it pertains to the preference system.

The sections of H.R. 9112, H.R. 15092, and H.R. 17370, bills to amend the Immigration and Nationality Act, will be considered insofar as they pertain to the subject of inquiry.

(The bills follow :)

91ST CONGRESS 1ST SESSION

H. R. 9112

IN THE HOUSE OF REPRESENTATIVES

MARCH 18, 1969

Mr. CELLER introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend the Immigration and Nationality Act, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 3 That, (a) notwithstanding the provisions of any other law, 4 any alien eligible for a preference under the provisions of 5 paragraph (5) of section 203 (a) of the Immigration and 6 Nationality Act (8 U.S.C. 1153 (a)), as amended, on the 7 basis of a petition filed with the Attorney General prior to 8 January 1, 1969, and the spouse and children of such alien if 9 accompanying him, shall be held to be immediate relatives 10 within the meaning of section 201 (b) of that Act, and shall, 11 during the three fiscal years commencing July 1, 1969, be

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1 issued visas and admitted as such, if otherwise qualified for 2 admission as immigrants under that Act, and if, upon his 3 application for an immigrant visa and for his admission into 4 the United States, the alien is found to have retained his rela

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tionship to the petitioner and status as established in the approved petition: Provided, That the provisions of section 7 212 (a) (14) of the Immigration and Nationality Act, as 8 amended (8 U.S.C. 1182 (a) (14)), shall be applicable to 9 the aliens described in this section, other than to their accom10 panying spouses and children.

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(b) The Secretary of State is authorized and directed to 12 make reasonable estimates of the number of visas which

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may be issued under this section and, based on such esti

mates, not more than 35 per centum of such visas may be 15 issued in each of the first two fiscal years beginning July 1, 1969. The visas authorized to be issued under this section

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17 shall be issued to eligible immigrants in the order in which

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a petition in behalf of each such immigrant was filed with 19 the Attorney General under section 204 of the Immigration 20 and Nationality Act, as amended.

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(c) The definitions contained in sections 101 (a) and (b) of the Immigration and Nationality Act, as amended,

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SEC. 2. (a) Section 101 (a) (15) (H) of the Immi

gration and Nationality Act (8 U.S.C. 1101 (a) (15) (H)),

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