United States. Congress. House. Committee on the J.

Legal immigration reform proposals : hearing before the Subcommitee on Immigration and Claims of the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, first session, May 17, 1995 online

. (page 26 of 30)
Online LibraryUnited States. Congress. House. Committee on the JLegal immigration reform proposals : hearing before the Subcommitee on Immigration and Claims of the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, first session, May 17, 1995 → online text (page 26 of 30)
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explicitly permits anyone to submit evidence to DOL about
wages and working conditions that bear on an employer's
applicatioo for a foreign worker, and to offer any
informatioa regarding an employer's past fiilure to meet
the terms and conditions for employing alien worken to
which the employer had agreed. Such evidence may be
considered by the DCH. in making future decisions
iavolviag the same employer.

These measures clearly anempt to establish and
maintain more of a balance dian thai available under the
earlier pttxess - to offer employen easier and more
prcdicuble access to foreign worken when the
unavailability of US worken is clear, and to create
additional requirements if employen wish w hire foreign
worken for occupations where there is a surplus.

Tlie second change is more significant The
Immigration Act increases the number of employment-
based immigrantt to 140,000, plus any unused visas under
the family-sponsored stream.* These visas would be
distributed as fbOows:

• FUtt Freference allocates 40,000 visas plus vi«K
unused t^ the Fourth and Fifth employment-based
preferences rinveston" and "special immigrantt") to
"priority worken". There are three distinct categories
of such workers:

(a) Ptosons of "extraordinary ability". Such persons
must demonstrate evidence of sustained national
or international acclaim in the sciences, the arts,
education, business, or athletics. These worken
would not require a US emptoyment offer prior
to inmiigiatiQg.''

(b) Professon and researchen who are
•\MtstandiDg" - i.e.. who are internationally

4» ViM demand oouoipi nipply in die»e caietories alio A« a itealt.
*ere ac delay* of abooi one-md-ont^ialf yean in die piofeefional
caKgoy (Thiid Preferena ovetan. wc table 3 J) and of more di an fcor
yeas ta te oAer eniployniennelaied catcfoiy (Siidi Prefataa

o sodi dau includes attregaie measmcs of laboor supply and
demaKi. projecooos and csdmaiei aboul such supply/demand by
occupational (nwp. measures of previous demand for labour
certificaiioas. anen^iloynieni measures, and such subjective measures at
cxpests' and practiliooeii' views.

*• IVt is dc farmd name tot die pitxas by which an ei«ploy«r
pedtiom die US Depa»tmenl of Labor for peimission so impofi a fcmgn
woAer. SaOi mi vproval is a pccrequisiie to oblaining a viu dinu|b
dK US lffimi(taiio« and Nannliiabon Servioe.


iMcnalloal algralka ta Nw* AwricK

ncogniied, pottess at least tfuee yttn of
experience, and aeek lo enter the US fcr
employment in aenior positioM. A US
cmploynienl offer wouM be a prerequisite for

(c) Executives and managers of US mullinationab
Willi one year prior service with the firm dufint
the preceding three yean. A US empioyntem
offer would also be raquired for this group.

• Stcond Pr^trenct allocata 40.000 visas plus any
unused *>iority worker" visas to professiooab with
advanced degrees or who show "excepiiona] ability"
in the sciences, the arts, or business.* The category
requires both a US employer and labour ceitificaiioa
- although the Anoniey General can waive the
former requiremeat in special circumstances.

• Third Preference allocates 40,000 visas phis any
visas unused by the two previous caiegories to: (a)
skilled worken; (b) professionals; and (c) "other"
worker*. This preference also requires a US
employer and labow certificatioa. Neither
lequirement can be waived. In particular

(a) Skilled workers must be in occupations that
require at least two years of formal training and

(b) Professionals imist have Bachelor's degrees or
meet a combination of licensure requirements
and several ye«s' m e mberahip in a profession.

(c) "Other" worken lefen lo unskilled workers.
Their numben are limited to oo more dian
10.000 visas per year.

Tile next two p r ef e wnces cannot property be
classified as "employment-based". They were nonetheless
placed in the eroploymeni-based stream because ihey fit
better there than under the rubric of the family. They are:

• Fourth Preference, or "special immigrants". This
10,000-visa category offen admission to ministen cf
religion and to persons who have worked for
religious organizations for at least two years (the
latter group is a new class with up to 3.000 visas per
year). In addition, the category woukt admit foreign
medical-school graduates, employee* of the US
Government abroad finchiding certain employee* of

^ h such a pciiboa die empfoyo wouM be reqaind lo deuiuwu*
dial despiK die occupaaoa'i cbtiiTicuiaa M "niiplnt'', hc/itie had
•odefukco eiitnsivc ncniiuneni and lud been onatiie IB koB a US
■Kxtei for d a ootfictie of depotit. bondi. lad aoduX lanpbfe pnftnj,
cqaipment. invcntor>. or indeiKutoea, a knj a Ac indeineAiea k
acsred by peiuiul aieu tnd bm by Ac asot of dK bcw uimii i uu
"Qiialifying iciivities" inclode lolt pnprKtonhipt. bnned a |BKnl
pvmenhipt. boldinf coraptma aid Ibcir wfeoOy.ownad (abtkbakt,
JBM vennra, ccfponbofo. aid busines miss invcacn at a q uiro d
10 dxw dui diey hive "KtuaDy iDveitt^ a ae 'Vtivdy a ikt fnetm
at iovcniiii'' in a buioess - ■ oat "^neoboii' B inwa k tet
un ki cuL The RguUboos provide fa dine iBveronen ojxioat: (■)
cnain( ai "ohpnaT basincss: (b) baying ai existing busiaw ba
lesmcninng a leorgsnizing it to a id creale • aew eooandal
emerphse: and (c) eipanding an ensting eniefpisc lo tha dtiba Ac ma
value or die number of full^tifne capioycct iscTejm by 40 per tea.
kvenmen in a "UDubled bininest' ii allowed u kng a diu batiaea
ka been is existence for two yean, ka bad a net kxs (for a iTii « ii> i « |
poipotes) of a least 20 per oeni of its net value during die pwioat oae
a two yeaiv and Ihe investor preaens a comprehensive bstinea plaa
•bowing an inientica id iiiainlain die carrem Dumber of MI-UBe
enployee* for a least (wo yean. nnaDy. iovesiort noB have laa
authority B do business dieie Of icquindX anut actively maiafc dc
cnieiprite oa a dayHO-day basis, and mosl bave poBcy
fbnnulation/cofitiol over the bosinesa.

' That is, countries identified by die 1986 IRCA law a "^dvoidy
affected' is Kmu of their nabonals' acrcss B DS visa "^s a icaak of
Ae I96S US immigrtbon amendneaa.

" b a clear display of political aaitck. the Irish were able B ansae
dw 40 per cent of diese visa woald be icterved each yea for die
foreign stale widi die la/gest nsmben of visa iaaacd aMkr a aaacb
smaller loneiy progranme inttinted loider IRCA biowa a NP-S. Tka
country wa Ireland.

country coniioaitioir' is i i m i lg lo dnt of the United

For example, the crigiiu of immigrants to Canada -
averaged over the last three years for which complete data
are available (I98S-90) - are as follows: about 42 per cent
from Asia, about 26 per cent from Europe, about 17 per
cent from the Americas, aitd about IS per cent from Afr^
and the Middle East" The pie charts in figure 3.2 give a
visual ptairait of the data for 1990 and further disaggregate
liiem t^ principal country of origin for each region, in the
tame Cidiion as figure 3.1 does for the United States.
Despite aame unusual - but explainable - data
idiosyacrasies,* roost key trends are tiinilar to those for
the United States. In both countries, Asian immigration
has increased firmi relatively insignificant levels two
decades ago (well under 10 per cent for both Canada and
the US for the 1960s) to become the dominant flow today.
Conversely, during the same period, European inunigratioo
lus decreased from dominant levels (nearly two thirds of
total flows to Canada for the 1960s and roughly one half
and one third of total flows to tiie US during the I9SOs and
1960s, respectively).* to about a quarter and 10 per cent

" KegidaiaB iisaed in 1962 icvcned neatly half a ccaoay of "wine
Cana£an* iaiiaipaiiee policy, bat nin retained a slight advaatage fa
die lelaBvca of Earapeaa inmitmis. Tbalaat vcalifeof Ascriiaiaadoa
was I liminaril ia 1967 (Hawkii» (I9«9)).

** At of 1991. Ctoad* has moved B Sve-yca planaiag cyda witb
aanoal prsmnne itviewt (tee Employinent and Immigraboa Canada
(1990a) aad table 3.6). lias ihift B long^nnfe planning leflecs a
RBcwed oaphatif oa teeking and maintaning aaoooal conKn aai abooi
jmnagtaioa pelicy by '^■aaafing' (dia it. aaaetxiiig and a^utaac)

" k riBold be wn p f ia sirrd dial ailib Ihe US lyneai'i a nwa i tal
feflats, die t twigt l C a n a di a n pltnniiig tanye it 'w order of taagsitBdc B
be ained aT (Hopwiih and EmployiBeni and Immigratioo Caaada (I9U).
pj). ndkr dian a "qaoca,' level" "tarfet.' "cap" a "oeilinf ~ The
figoR ia limply inived a by adding die planning vclumes of each of
Onada's daee aqor imisigraiion laeami Of dieae, only oae lifae la
"6m": fu v mii n en i-i Tiitti^ lefugees. Alao ailibc US pricaoe. dK
Canadian Govenuaeat it lequired by law Bditcats ia aosaal irpotts B
Parlianeia At aaiiugiiDao pro(raninie*i objecoiws aad perfdraance
and B cxptaia how die oomiag year's plaming figures were il ra iiia iiti l

" Reaoaroes - primarily is die form of Canadian csnsnla officials
abroad - tes become a mechanism for shiping aot only dc overall tiie
of dK pn^aane boi. more importantly, its tource
7 741
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" Tlie iwo >]rstcim' "men" potnu tlso at convopnt. Ihe not
onpanani ihmd tocu point involvet Ruiiiuinin( synem iiiiaiuliiy
(ctpccuOy if cne pban i (real deal of emphatit on (jrma
"^nanagenenr and accounubiliiy. as the Canadiam do) in die face of •
tniily nream dtai legally, and. in ilic Canadia n cait, constiniiioaally,
onnoi be manipulated. Tit cunem "dehoir loniala uted by both
lynems of consiandy increasini oveall iininigration leveli a> a meaid of
oaintainini ifflmigratian polidct dtat are eiplicidy. in ha pro-aclivcly,
eriemed ewaid econonie giowdi, ia not ndally or plilicaUy
l an ai n a b ic in die long laa.

" Thdau are fronBttnlein (1991).

* For eunipic die historical relabonship betweca die US and odier
westen bemitphere nations accounts for die ovcr-repRsenlalioa of
ubonah from dial region, and panicularly frea Meiico, in its
■ntmigraiioa totals. And Engliih-tpealung Canada's special relationship
widi Great Britain, as well as Quebec's ability ID fashion its own
imingraiioa priorities emphasizing culiunl links with France and odier
francophone countries, mean that Europe is likely ID contiooe to be
somewhat more important for Canadia n than for US immigratioa.
Similariy, temporaty data "disioftions" occur because of specific policy
decisions - such as Canada's decision lo emphasiie Poland and Lebanoa
b its humanitarian programme over die previous fcw yean, and die
dctisioo by the US to engage ia a vast legiliratina piugianine lh«
primaiily benefits Mexicans.

" Dia not shown bol dnwa 6on dc Hislorical StaliMicd
Supplemem of Employmenl and Immigration, Canada (1991).

for Canada and the US, mpectively. Thai has occuned
despite at tilnei concerted efTorts lo maintain itronf
European influxes.

(li) Factors shapiof the Canadian ImmlgratioB

While the family and refugee streams reflect
Canada's traditional emphases, it is the country's
programme of independent immigratioti, which is
explicitly economically motivated, that has received the
most attention since 1967, when the "selected worken" or
"point-system" calegocy was introduced. And although
independent immigration was practically halted between
1982 and 1986, when the country was in the throes of a
major economic downtuni, it has since 1986 once again
served as the principal vehicle for maintaining a strong
economic influence on overall Canadian immigratioa.
And it is poised to continue to be a critical factor (tables
3.5 and 3.6).


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In addition to hs explicit aims involving economic
growth,*' Canada's independent immigration system
(particularty its "selected worfcere" category), has sought
10 affect the demographic future of Canada," the uneven
qtatial distribution of the population, and (both
defensively*' and aggressively** ) labour market

(a) Demographic eoiuiderations

As with the United States, immigration has been a
critical element in nation-building in Canada. And as with
the United Sutes, the 20-year period before the beginning
of the First World War was the time of the largest
Canadian intakes with the anival of about 2.5 million
immigrants. The largest flows came, in order of relative
size, from Britain, the US, and Continental Europe. The
evolution of Canadian policy since the Futt World War
also parallels that of the US - including a long period of
exchisionary policies and relatively low immigration until
the 1960s. Since then, there have been intermittent
concerns about population size and discussions about the
effects of immigration" on population.

The 1960s were a period of relative neglect of the
population/immigration nexus. In fact, the 1966 White

Paper on Immigration appears to be only marginally
sensitive to immigration's effects on population marters
(Hawkins (1972), Papademetriou (1988a)).

During the early 1970s, however, two competing
approaches to the topic emerged. The first was
championed by environmentalists and population-control
advocates. This alliance shaped debate to some extent
with its concern over Caitada's "carrymg" or "absorptive"
capacity (Howith and Employment and Immigrabon
Canada (1988)), but its influence waned significantly by
the end of the decade. The second approach was more in
line with the traditional role of immigration as an
instrument of economic growth.**

However, repeated attempts by federal authorities in
the mid-1970s to link immigration more or less
systematically to a population policy - or even to tome
general population goals - were unsuccessful, primarily
because of Provincial indifference and even hostjlity"
(Hawkins (1989)). It was not until the 1980s that the
policy relationship between immigration and population
goals became sharper. This linkage, however modest,
reflected a growing preoccupation with demographic
questions and led to decisions in favour of measured.

** Hie tinu m ki forth ia Sectian 3 of die Inunigrabon AcL The
■ndependem tysiem't economic lin of fonering '_. (he devclopineni of a
oroog and viable economy and Ihe pnitpenly of all legiom in Canada'
findi is moti diftct expmsioa in die faoon for ehoadn{ worixn,
ci i Ciqam eufT. and inveslon.

** h Uk ble I980t. projediont indicated dial under die cumnt total
fcnilicy IBK (1.7). and widwul incnases in immigration, Canada's
populadon would begin declining at eariy as die second decade of die
iKxi cxniury - while Quebec's population would reach that point before
die end of dm century (Samuel and Jansion (I9g8) p.6. Taylor (I9gg);
Fool (1986). Employment and Immigraiioa Canada (1988);
Papademetriou (1988b)).

** Tlut is, in a manner that safeguards die job oppominities and
wages and working conditions of Canadian wortcess.

** Thai is, in an activist and interventionist t

" Like Ihe United States. Canada, despite frequent lefeienccs and
allunons lo one. lacks a population policy - alUiough it arguably is more
aemidve lo iu importance than is die United States

** The 1975 Green Paper on Immigraiion and Popslaoon
(Employment and Immigration Canada (1975)) indirectly rcfleco die
orueldu] nature of diis polidcally charged debate in its "conclusioo' that
evidence about (he economic consequences of higher versus bwa
population gitiwth is "oncertain' (Samuel and fansson (1988)). At the
same time, the Cieen Paper also tried lo force (he issoe of (he
jelationship between immigration and a national population policy and
set the stage for Ihe policy of "maruging" immigration by instituting
publication of annual immigration targets as a means of making
immigration policy more sensitive to population considerations
(Richmond (1975). Papademetriou (1988b). Hawkins (1989))

*' Notwithstanding such "indifference". Section 3 of the 1976
Immigration Act set "demographic goals" as an explicit objective of
Canadian immigration policy Such goals ". . may be established by the
government of Canada from time to time in respect of the siie, rale of
growth, structure and geographic distribution of the Canadian


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Online LibraryUnited States. Congress. House. Committee on the JLegal immigration reform proposals : hearing before the Subcommitee on Immigration and Claims of the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, first session, May 17, 1995 → online text (page 26 of 30)