AMENDING IMMIGRATION ACT OF 1924 RESPECTING QUOTA PREFERENCES MONDAY, FEBRUARY 17, 1930 UNITED STATES SENATE, The committee met, pursuant to call, in the committee room, Capitol, at 10 o'clock, a. m., Senator Arthur R. Gould presiding. Present: Senators Gould (chairman), Johnson, Keyes, Harris, Copeland, Blease, and Stephens. Present also: Senator Metcalf, of Rhode Island. (The committee thereupon proceeded to the consideration of Senate bill 1455, which is here printed in full, as follows:) [S. 1455, Seventy-first Congress, first session] A BILL To amend the Immigration Act of 1924 in respect of quota preferences Be it enacted by the Sénate and House of Representatives of the United States of America in Congress assembled, That paragraph (1) of subdivision (a) of section 6 of the immigration act of 1924, as amended, is amended to read as follows: "(1) Fifty per centum of the quota of each nationality for such year shall be made available in such year for the issuance of immigration visas to the following classes of immigrants, without priority of preference as between such classes: (A) Quota immigrants who are the fathers or the mothers, or the husbands by marriage occurring after May 31, 1928, of citizens of the United States who are twenty-one years of age or over; (B) in the case of any nationality the quota of which is three hundred or more, quota immigrants who, being trained and skilled in a particular art, craft, technique, business, or science, or in agriculture, are needed by bona fide employers to engage in work to perform which persons so trained and skilled can not be found unemployed in the United States, or who are needed to engage in such work independently or as an employer in the United States, and the wives, and the dependent children under the age of twenty-one years, of such immigrants if accompanying or following to join them. Preference under clause (B) of this paragraph shall not be given to any alien claiming to be so trained and skilled unless the Secretary of Labor, upon application of any person interested and after full hearing and investigation of the facts in the case, determines that a bona fide employer needs persons so trained and skilled and that such persons can not be found unemployed in the United States, or that it is desirable that such alien be admitted to work independently or as an employer in the United States. The Secretary of Labor shall inform the Secretary of State of such determination, and the Secretary of State shall then authorize the consular officer with whom the application for the immigration visa has been filed to grant the preference. Such determination by the Secretary of Labor shall constitute an exemption of the alien from the contract-labor provisions of the immigration laws." SEC. 2. Section 1 of this act shall take effect July 1, 1929, except that the determinations thereunder by the Secretary of Labor may be made at any time after the enactment of this act. The CHAIRMAN. The first thing we want to consider this morning. is S. 1455, introduced by Senator Metcalf, who is present. We would like to hear from you, Senator. 1 STATEMENT OF HON. JESSE H. METCALF, SENATOR FROM THE STATE OF RHODE ISLAND Senator METCALF. I introduced this bill because there are various men who wish to start a new industry, and when they attempt to come in they find that the quota is so full that it is long before they can enter the United States and start up that industry. This bill does not permit a single extra immigrant to enter, but it gives preference to any one who desires to enter and commence a new industry which would tend to give more people work. Therefore, it would help us in this country in quite a few cases. In talking with Secretary of Labor Davis he told me that he knew of cases where an industry would have been started if the necessary men could have been brought in. Senator KEYES. This gives preference to skilled labor, as I understand it? Senator METCALF. Only in special cases. in except where a new industry was starting. None others could come Senator KEYES. They are confined to new industries? Senator METCALF. Well, largely. It would let them in providing the Secretary thought it was necessary for them to come. The CHAIRMAN. I have asked Mr. Husband to come here to-day and explain it from his point of view. Will you tell us, Mr. Husband, what you think of this bill? STATEMENT OF HON. W. W. HUSBAND, ASSISTANT SECRETARY, DEPARTMENT OF LABOR Assistant Secretary HUSBAND. Mr. Chairman, I can only repeat in detail what Senator Metcalf has said. However, I might speak briefly of the situation that confronts us at times. There is a limited demand and an honest demand for the admission of certain persons who are trained and skilled in the technique of trade or art or science. The demand is not great, but it is very acute in a good many of the cases that arise. Now, the purpose of this bill is not to make nonquota immigrants of such persons. The object is to give them a preference in the issuance of immigration visas under the quota, that is, a preference over those who are constantly coming as quota immigrants, but for whom there is little or no need in the United States. Senator JOHNSON. Have you a copy of the law before you, Mr. Husband? Assistant Secretary HUSBAND. I have not, Senator. Senator JOHNSON. I wanted to see the exact position of the amendment, that was all. Assistant Secretary HUSBAND. The amendment is to section 6 of the immigration act of 1924. Senator JOHNSON. That is all right. I will work it out. Excuse me for bothering you. Assistant Secretary HUSBAND. I might cite some examples that have come to the attention of the department from time to time. One, I recall, was that of a German manufacturer who wanted to come to a city in Massachusetts and establish his business there; in other words, move his factory from Germany to Massachusetts. AMEND IMMIGRATION ACT RESPECTING QUOTA PREFERENCES 3 I do not recall now just what article he manufactured, but I believe it was something that was exported to the United States in considerable quantities, and the manufacturer concluded that it would be more profitable if he manufactured the article here. He was to take over an abandoned factory, bring his machinery and, I think, four skilled operators to put it in operation. His own capital was to be invested. But at that time there would have been a delay of about two years, because of his inability to procure the necessary visas under the German quota. I do not know whether he waited or not, but had the provisions of this bill been law at that time it would have been possible to have given him preference over other applicants for visas under the German quota, and he could have come without delay. There have also been several instances in connection with the development of the airplane, in which manufacturers of planes in this country desired to bring someone here who had a knowledge of some branch of aeronautics or the manufacture of heavier-than-air machines. Of course, that is a new industry, and it was quite evident in some cases that particular skill needed was not available in the United States. Senator JOHNSON. Your amendment, Mr. Husband, is found in subdivision (B), line 3, page 2, is it not? Assistant Secretary HUSBAND. Subdivision (A) of section 6. Assistant Secretary HUSBAND. And (B). Senator JOHNSON. (A) is the same; (B) then adds-as the law reads now it relates only to those skilled, as I recall it, in agriculture. That is correct, is it not, Mr. Husband? Assistant Secretary HUSBAND. Subdivision (A) under the present law provides preference for quota immigrants whose fathers or mothers, or the husbands by marriage occurring after May 31, 1928, of citizens of the United States; and also a preference on equal terms for persons skilled in agriculture. Senator JOHNSON. No, (B) then does that. Assistant Secretary HUSBAND. Now (B) is the new section. in the case of any nationality— Follow me on your amendment there in the case of any nationality the quota for which is 300 or more— That is (B), see? Assistant Secretary HUSBAND. Yes, sir. Senator JOHNSON. Now, that is the old section. quota immigrants who are skilled in agriculture That is the law as it reads at present. Now, it is sought to add: Quota immigrants who; being trained and skilled in a particular art, craft, technique, business, or science, are needed by bona fide employers to engage in work to perform which persons so trained and skilled can not be found unemployed in the United States, or who are needed to engage in such work independently or as an employer in the United States And so on. That is the amendment? Assistant Secretary HUSBAND. That is the amendment; yes, sir. Senator JOHNSON. Pardon me for interrupting you. I wanted the committee members to know the nature of the amendment. Senator COPELAND. It simply adds to the provision concerning agriculture immigrants "being trained and skilled in a particular art, craft, technique, business, or science." Senator JOHNSON. You are adding that; and you are adding more than that, too. Senator COPELAND. What more? Senator JOHNSON. You are adding that "they are needed by bona fide employers to engage in work to perform which persons so trained and skilled can not be found unemployed in the United States." Senator COPELAND. That is new? Senator JOHNSON. Yes; "or who are needed to engage in such work independently or as an employer in the United States"-that is new. Then the next portion that is new is that beginning on line 13: Preference under clause (B) of this paragraph shall not be given to any alien claiming to be so trained and skilled unless the Secretary of Labor, upon application of any person interested and after full hearing and investigation of the facts in the case, determines that a bona fide employer needs persons so trained and skilled and that such persons can not be found unemployed in the United States Senator COPELAND. And that is new? The CHAIRMAN. As to the danger of oversupply of persons trained and skilled, it seems to me you have that requirement tied pretty tightly, and provide a good many qualifications; that is, it has got to be submitted to the Secretary of Labor and left to him finally for his judgment to say whether they may come in. It seems to me that is pretty well tied up. Senator COPELAND. What is the attitude of the department on that? Assistant Secretary HUSBAND. The department, Senator, has been recommending legislation of this nature for several years. Senator COPELAND. I am well aware of that effort having been made. Senator JOHNSON. What becomes of the contract labor clause if this is passed? Assistant Secretary HUSBAND. The contract labor clause of the act of 1917 is not affected by this. If the contract labor law applied, it would be applicable to the classes designated here. In other words, it contains no provisions for waiving or setting aside the contract labor law. Senator COPELAND. Now, Mr. Husband, at the present time you have some way, if a man wants to establish a watch factory, for example, and needs some trained watchmakers from Switzerland, there is a way to bring them in temporarily? Assistant Secretary HUSBAND. Yes; there is a way to bring them temporarily for business in a case of emergency. Senator COPELAND. But in this case they are permitted to come in permanently? Assistant Secretary HUSBAND. Well, they would have a preference only; they would not be permitted to come outside the quota. AMEND IMMIGRATION ACT RESPECTING QUOTA PREFERENCES 5 Senator COPELAND. I understand, they may only come within the quota. Assistant Secretary HUSBAND. They would have a preference within the quota. Senator COPELAND. If you wanted 25 watchmakers from Switzerland and you had a quota of 700, application could be made by the watch manufacturer to the Department of Labor, setting forth the reasons why he wanted these men and the Department of Labor would investigate to see if they could not be found in the United States; and then in case it was ascertained it might be desirable, the consuls in Switzerland would be notified that they were on the preference list? Assistant Secretary HUSBAND. Consuls would be authorized to grant a preference to such applicants. Senator COPELAND. That would mean that in the list of applications these people, among others, would be put at the top of that list? Assistant Secretary HUSBAND. They would be put on the list of applicants below the fathers and mothers of United States citizens. Senator COPELAND. That is to say, that the applications of the fathers and mothers would be first considered? Assistant Secretary HUSBAND. The applications of the fathers and mothers would be first considered if they were already applicants; they would be considered in the order in which approval for preference was granted. Senator COPELAND. Does that mean, then, that in that preference list it is wholly up to the consul to decide whether 25 fathers and mothers may come in or these 25 skilled artisans? Assistant Secretary HUSBAND. Oh, no; it would be regulated by priority of authorization. A consul does not now accord a father or mother of a citizen preference except on authority of the Secretary of Labor. Senator COPELAND. Is it not exactly the same kind of authority you would give in this case? Assistant Secretary HUSBAND. Precisely the same, so far as the consul is concerned. It would be the authority of the Secretary of Labor and the priority in the issuance of an immigrant's visa would be determined by the date preference was authorized. Senator COPELAND. I want to be clear about it. Now, suppose on the list there were 25 fathers and mothers or more previous to January 1, 1930; and then there came along this application for 25 watchmakers. Between these fathers and mothers who are on the preference list and these watchmakers, the fathers and mothers being ahead of the others, which would come in first? Assistant Secretary HUSBAND. The fathers and mothers. Senator COPELAND. That is, after they once got on the preference list they would be taken in their order? Assistant Secretary HUSBAND. Yes; taken in their order. Senator COPELAND. But after the 25 watchmakers had applied, if some other fathers and mothers applied they would be ahead of these? Assistant Secretary HUSBAND. As I understand it, yes; there is no provision for priority of preference Senator COPELAND. I noticed that Senator Metcalf shook his head. Senator METCALF. As I wrote it Senator COPELAND. You wrote it; what did you mean? |