AMENDING THE IMMIGRATION AND NATIONALITY ACT, AND FOR OTHER PURPOSES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP67B00446R000100030002-6
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 50
• Document Creation Date: December 15, 2016
• Document Release Date: December 30, 2003
• Sequence Number: 2
• Publication Date: August 6, 1965
• Content Type: REPORT

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89TH CoxoiEss 1 HOUSE OF REPRESENTATIVES j R woRT
1st Session No. 745
AMENDING THE IMMIGRATION AND NATIONALITY ACT,
AND FOR OTHER PURPOSES
AUGUST 6, 1965.-Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
Mr. FEIGHAN, from the Committee on the Judiciary, submitted the
following
REPORT
[To accompany H. R. 2580]
The Committee on the Judiciary, to whom was referred the bill
(H.R. 2580) to amend the Immigration and Nationality Act, and for
other purposes, having considered the same, report favorably thereon
with an amendment and recommend that the bill do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert in lieu thereof
the following:
That section 201 of the Immigration and Nationality Act (66 Stat. 175, 8 U.S.C.
1151) be amended to read as follows:
"SEC. 201. (a) Exclusive of special immigrants defined in section 101(a)(27),
and of the immediate relatives of United States citizens specified in subsection
(b) of this section, the number of aliens who may be issued immigrant visas or
who may otherwise acquire the status of an alien lawfully admitted to the United
States for permanent residence or who may, pursuant to section 203(a) (7) enter
conditionally, (i) shall not in any of the first three quarters of any fiscal year
exceed a total of 45,000 and (ii) shall not in any fiscal year exceed a total of
170, 000.
"(b) the `immediate relatives' referred to in subsection (a) of this section shall
mean the children, spouses, and parents of a citizen of the United States: Pro-
vided, That in the case of parents, such citizen must be at least twenty-one years
of age. The immediate relatives specified in this subsection who are otherwise
qualified for admission as immigrants shall be admitted as such, without regard
to the numerical limitations in this Act.
"(c) During the period from July 1, 1965, through June 30, 1968, the annual
quota of any quota area shall be the same as that which existed for that area on
June 30, 1965. The Secretary of State shall, not later than on the sixtieth day
immediately following the date of enactment of this subsection and again on or
before September 1, 1966, and September 1, 1967, determine and proclaim the
amount of quota numbers which remain unused at the end of the fiscal year ending
on June 30, 1965, June 30, 1966, and June 30, 1967, respectively, and are available
for distribution pursuant to subsection (d) of this section.
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"(d) Quota numbers not issued or otherwise used during the previous fiscal year,
as determined in accordance with subsection (c) hereof, shall be transferred to an
immigration pool. Allocation of numbers from the pool and from national quotas
shall not together exceed in any fiscal year the numerical limitations in subsection
(a) of this section. The immigration pool shall be made available to immigrants
otherwise admissible under the provisions of this Act who are unable to obtain
prompt issuance of a preference visa due to oversubscription of their quotas, or
subquotas as determined by the Secretary of State. Visas and conditional entries
shall be allocated from the immigration pool within the percentage limitations and
in the order of priority specified in section 203 without regard to the quota to
which the alien is chargeable.
"(e) The immigration pool and the quotas of quota areas shall terminate
June 30, 1968. Thereafter immigrants admissible under the provisions of this
Act who are subject to the numerical limitations of subsection (a) of this section
shall be admitted in accordance with the percentage limitations and in the order
of priority specified in section 203."
SEc. 2. Section 202 of the Immigration and Nationality Act (66 Stat. 175,
8 U.S.C. 1152) is amended to read as follows:
"(a) No person shall receive any preference or priority or be discriminated
against in the issuance of an immigrant visa because of his race, sex, nationality,
place of birth, or place of residence, except as specifically provided in section
101(a)(27), section 201(b), and section 203: Provided, That the total number
of immigrant visas and the number of conditional entries made available to natives
of any single foreign state under paragraphs (1) through (8) of section 203(a)
shall not exceed 20,000 in any fiscal year: Provided further, That the foregoing
proviso shall not operate to reduce the number of immigrants who may be admitted
under the quota of any quota area before June 30, 1968.
"(b) Each independent country, self-governing dominion, mandated territory,
and territory under the international trusteeship system of the United Nations,
other than the United States and its outlying possessions shall be treated as a
separate foreign state for the purposes of the numerical limitation set forth in
the proviso to subsection (a) of this section when approved by the Secretary of
State. All other inhabited lands shall be attributed to a foreign state specified
by the Secretary of State. For the purposes of this Act the foreign state to
which an immigrant is chargeable shall be determined by birth within such for-
eign state except that (1) an alien child, when accompanied by his alien parent
or parents may be charged to the same foreign state as the accompanying par-
ent or of either accompanying parent if such parent has received or would be
qualified for an immigrant visa, if necessary to prevent the separation of the
child from the accompanying parent or parents, and if the foreign state to which
such parent has been or would be chargeable has not exceeded the numerical
limitation set forth in the proviso to subsection (a) of this section for that fiscal
year; (2) if an alien is chargeable to a different foreign state from that of his
accompanying spouse, the foreign state to which such alien is chargeable may,
if necessary to prevent the separation of husband and wife, be determined by
the foreign state of the accompanying spouse, if such spouse has received or
would be qualified for an immigrant visa and if the foreign state to which such
spouse has been or would be chargeable has not exceeded the numerical limita-
tion setforth in the proviso to subsection (a) of this section for that fiscal year;
(3) an alien born in the United States shall be considered as having been born
in the country of which he is a citizen or subject, or if he is not a citizen or sub-
ject of any country then in the last foreign country in which he had his residence
as determined by the consular officer; (4) an alien born within any foreign state
in which neither of his parents was born and in which neither of his parents had
a residence at the time of such alien's birth may be charged to the foreign state
of either parent.
"(c) Any immigrant born in a colony or other component or dependent area of
a foreign state unless a special immigrant as provided in section 101(a) (27) or, an
immediate relative of a United States citizen as specified in section 201(b), shall
be chargeable, for the purpose of limitation set forth in section 202(a), to the
foreign state, except that the number of persons born in any such colony or other
component or dependent area overseas from the foreign state chargeable to the
foreign state in any one fiscal year shall not exceed 1 per centum of the maximum
number of immigrant visas available tosuch foreign state.
"(d) In the case of any change in the territorial limits of foreign states, the
Secretary of State shall, upon recognition of such change, issue appropriate in-
structions to all diplomatic and consular ofi"ices."
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AMENDING THE IMMIGRATION AND NATIONALITY ACT 3
Sic. 3. Section 203 of the Immigration and Nationality Act (66 Stat. 175,
8 U.S.C. 1153) is amended to road as follows:
"Sic. 203. (a) Aliens who are subject to the numerical limitations specified
in section 201(a) shall be allotted visas or their conditional entry authorized, as.
the case may be, as follows:
"(1) Visas shall be first made available, in a number not to exceed 20 per
centum of the number specified in section 201(a)(ii), to qualified immigrants
who are the unmarried sons or daughters of citizens of the United States.
"(2) Visas shall next be made available, in a number not to exceed 20 per
centum of the number specified in section 201 (a) (ii), plus any visas not required
for the classes specified in paragraph (1), to qualified immigrants who are the
spouses, unmarried sons or unmarried daughters of an alien lawfully admitted
for permanent residence.
"(3) Visas shall next be made available, in a number not to exceed 10 per
centum of the number specified in section 201(a) (ii), to qualified immigrants
who. are members of the professions, or who because of their exceptional ablity in
the sciences or the arts, will substantially benefit prospectively the national
economy, cultural interests, or welfare of the United States.
"(4) Visas shall next be made available, in a number not to exceed 10 per
centum of the number specified in section 201(a) (ii), plus any visas not required
for the classes specified in paragraphs (1) through (3), to qualified immigrants
who are the married sons or the married daughters of citizens of the United.
States.
"(5) Visas shall next be made available, in a number not to exceed 24 per
centum of the number of specified in section 201(a) (ii) plus any visas not required
for the classes specified in paragraphs (1) through ('4), to. qualified immigrants
who are the brothers or sisters of citizens of the United States.
"(6) Visas shall next be made available, in a number not to exceed 10 per
centum of the number specified in section 201(a)(ii), to qualified immigrants who
are capable of performing specified skilled or unskilled labor, not of a temporary
or seasonal nature, for which a shortage of employable and willing persons exists
in the United States.
"(7) Conditional entries shall next be made available by the Attorney Gen-
eral, pursuant to such regulations as he may prescribe and in a number not to
exceed 6 per centum of the number specified in section 201(a)(ii), to aliens who
satisfy an Immigration and Naturalization Service officer at an examination in
any non-Communist or non-Communist-dominated country, (i) that, because of
persecution or fear of persecution on account of race, religion or political opinion
they have fled (A) from any Communist or Communist-dominated country or
area, or (B) from any country within the general area of the Middle East, and
(ii) are unable or unwilling to return to such country or area on account of race,
religion, or political opinion, and (iii) are not nationals of the countries or areas
in which their application for conditional entry is made. For the purpose of the
foregoing the term `general area of the Middle East' means the area between and
including (1) Libya on the west, (2) Turkey on the north, (3) Pakistan on the
east, and (4) Saudi Arabia and Ethiopia on the south: Provided, That immigrant
visas in a number not exceeding one-half the number specified in this paragraph
may be made available, in lieu of conditional entries of a like number, to such
aliens who have been continuously physically present in the United States for a
period of at least two years prior to application for adjustment of status.
(8) Visas authorized in any fiscal year, less those required for issuance to the
classes specified in paragraphs (1) through (6) and less the number of conditional
entries and visas made available pursuant to paragraph (7), shall be made avail-
able to other qualified immigrants strictly in the chronological order in which they
qualify. Waiting lists of applicants shall be maintained in accordance with
regulations prescribed by the Secretary of State. No immigrant visa shall be
issued to a nonpreference immigrant under this paragraph, or to an immigrant with
a preference under paragraph (3) or (6) of this subsection, until the consular officer
is in receipt of a determination made by the Secretary of Labor pursuant to the
provisions of section 212(a) (14).
"(9) A spouse or child as defined in section 101(b)(1) (A), (B), (C), (D), or (E)
shall, if not otherwise entitled to an immigrant status and the immediate issuance
of a visa or to conditional entry under paragraphs (1) through (8), be entitled to
the same status, and the same order of consideration provided in subsection (b), if
accompanying, or following to join, his spouse or parent.
"(b) In considering applications for immigrant visas under subsection (a)
consideration shall be given to applicants in the order in which the classes of which
they are members are listed in subsection (a).
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4 AMENDING THE IMMIGRATION AND NATIONALITY ACT
"(c) Immigrant visas issued pursuant to paragraphs (1) through (6) of sub-
section (a) shall be issued to eligible immigrants in the order in which a petition in
behalf of each such immigrant is filed with the Attorney General as provided in
section 204.
"(d) Every immigrant shall be presumed to be a nonpreference immigrant
until he establishes to the satisfaction of the consular officer and the immigration
officer that he is entitled to a preference status under paragraphs (1) through (6)
of subsection (a), or to a special immigrant status under section 101(a)(27), or
that he is an immediate relative of a United States citizen as specified in section
201(b). In the case of any alien claiming in his application for an immigrant visa
to be an immediate relative of a United States citizen as specified in section 201(b)
or to be entitled to preference immigrant status under paragraphs (1) through (6)
of subsection (a), the consular officer shall not grant such status until he has been
authorized to do so as provided by section 204.
`(e) For the purposes of carrying out his responsibilities in the orderly admin-
istration of this section, the Secretary of State is authorized to make reasonable
estimates of the anticipated numbers of visas to be issued during any quarter of
any fiscal year within each of the categories of subsection (a), and to rely upon
such estimates in authorizing the issuance of such visas. The Secretary of State,
in his discretion, may terminate the registration on a waiting list of any alien who
fails to evidence his continued intention to apply for a visa in such manner as may
be by regulation prescribed.
"(f) The Attorney General shall submit to the Congress a report containing
complete and detailed statement of facts in the case of each alien who conditionally
entered the United States pursuant to subsection (a) (7) of this section. Such
reports shall be submitted on or before January 15 and June 15 of each year.
"(g) Any alien who conditionally entered the United States as a refugee, pur-
suant to subsection (a) (7) of this section, whose conditional entry has not been
terminated by the Attorney General pursuant to such regulations as he may
prescribe, who has been. in the United States for at least two years, and who has
not acquired permanent residence, shall forthwith return or be returned to the
custody of the Immigration and Naturalization Service and shall thereupon be
inspected and examined for admission into the United States and his case dealt
with in accordance with the provisions of sections 235, 236, and 237 of this Act.
"(h) Any alien who, pursuant to subsection (g) of this section, is found upon
inspection by the immigration officer or after hearing before a special inquiry
officer, to be admissible as an immigrant under this Act at the time of his inspec-
tion and examination, except for the fact that he was not and is not in possession
of the documents required by section 212(a) (20), shall be regarded as lawfully
.admitted to the United States for permanent residence as of the date of his
arrival."
SEc. 4. Section 204 of the Immigration and Nationality Act (66 Stat. 176, 8
U.S.C. 1154) is amended to read as follows:
"SEc. 204. (a) Any citizen of the United States claiming that an alien is entitled
to a preference status by reason of the relationships described in paragraphs (1),
(4), or (5) of section 203(a), or to an immediate relative status under section
201(b), or any alien lawfully admitted for permanent residence claiming that an
alien is entitled to a preference status by reason of the relationship described in
section 203(a)(2), or any alien desiring to be classified as a preference immigrant
under section 203(a) (3) (or any person on behalf of such an alien), or any person
desiring and intending to employ within the United States an alien entitled to
classification as a preference immigrant under section 203 (a) (6), may file a petition
with the Attorney General for such classification. The petition shall be in such
form as the Attorney General may by regulations prescribe and shall contain
such information and be supported by such documentary evidence as the At-
torney General may require. The petition shall be made under oath administered
by any individual having authority to administer oaths if executed in the United
States, but, if executed outside the United States, acministered by a consular
officer.
"(b) After an investigation of the facts in each case, and after consultation
with the Secretary of Labor with respect to petitions to accord a status under
section 203(a) (3) or (6), the Attorney General shall, if he determines that the
facts stated in the petition are true and that the alien in behalf of whom the
petition is made is an immediate relative specified in section 201(b) or is eligible
for a preference status under section 203(a), approve the petition and forward
one copy thereof to the Department of State. The Secretary of State shall then
authorize the consular officer concerned to grant the preference status.
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AMENDING THE IMMIGRATION AND NATIONALITY ACT
"(c) Notwithstanding the provisions of subsection (b) no more than two
petitions may be approved for one petitioner in behalf of a child as defined in
section 101(b) (1) (E) or (F) unless necessary to prevent the separation of brothers
and sisters and no petition shall be approved if the alien has previously been
accorded a nonquota or preference status as the spouse of a citizen of the United
States or the spouse of an alien lawfully admitted for permanent residence, by
reason of a marriage determined by the Attorney General to have been entered
into for the purpose of evading the immigration laws.
"(d) The Attorney General shall forward to the Congress a report on each
approved petition for immigrant status under sections 203(a)(3) or 203(a)(6)
stating the basis for his approval and such facts as were by him deemed to be
pertinent in establishing the beneficiary's qualifications for the preferential status.
Such reports shall be submitted to the Congress on the first and fifteenth day of
each calendar month in which the Congress is in session.
"(e) Nothing in this section shall be construed to entitle an immigrant, in
behalf of whom a petition under this section is approved, to enter the United
States as a preference immigrant under section 203(a) or as an immediate relative
under section 201(b) if upon his arrival at a port of entry in the United States he
is found not to be entitled to such classification."
SEC. 5. Section 205 of the Immigration and Nationality Act (66 Stat. 176,
8 U.S.C. 1155) is amended to read as follows:
"Sue. 205. The Attorney General may, at any time, for what he deems to be
good and sufficient cause, revoke the approval of any petition approved by him
under section 204. Such revocation shall be effective as of the date of approval
of any such petition. In no case, however, shall such revocation have effect unless
there is mailed to the petitioner's last known address a notice of the revocation
and unless notice of the revocation is communicated through the Secretary of
State to the beneficiary of the petition before such beneficiary commences his
journey to the United States. If notice of revocation is not so given, and the
beneficiary applies for admission to the United States, his admissibility shall be
determined in the manner provided for by sections 235 and 236."
SEC. 6. Section 206 of the Immigration and Nationality Act (66 Stat. 181, 8
U.S.C. 1156) is amended to read as follows:
"SEC. 206. If an immigrant having an immigrant visa is excluded from ad-
mission to the United States and deported, or does not apply for admission before
the expiration of the validity of his visa, or if an alien having an immigrant visa
issued to him as a preference immigrant is found not to be a preference immigrant,
an immigrant visa or a preference immigrant visa, as the case may be, may be
issued in lieu thereof to another qualified alien."
SEC. 7. Section 207 of the Immigration and Nationality Act (66 Stat. 181,
8 U.S.C. 1157) is stricken.
SEC. 8. Section 101 of the Immigration and Nationality Act (66 Stat. 166;
8 U.S.C. 1101) is amended as follows:
(a) Paragraph (27) of subsection (a) is amended to read as follows:
"(27) The term `special immigrant' means-
"(A) an immigrant who was born in any independent foreign country of
the Western Hemisphere or in the Canal Zone and the spouse and children
of any such immigrant, if accompanying or following to join him: Provided,
That no immigrant visa shall be issued pursuant to this clause until the
consular officer is in receipt of a determination made by the Secretary of
Labor pursuant to the provisions of section 212(a)(14);
"(B) an immigrant, lawfully admitted for permanent residence, who is
returning from a temporary visit abroad;
"(C) an immigrant who was a citizen of the United States and may,
under section 324(a) or 327 of title III, apply for reacquisition of citizenship;
"(D) (i) an immigrant who continuously for at least two years immediately
preceding the time of his application for admission to the United States has
been, and who seeks to enter the United States solely for the purpose of
carrying on the vocation of minister of a religious denomination, and whose
services are needed by such religious denomination having a bona fide orga-
nization in the United States; and (ii) the spouse or the child of any such
immigrant, if accompanying or following to join him; or
"(E) an immigrant who is an employee, or an honorably retired former
employee, of the United States Government abroad, and who has performed
faithful service for a total of fifteen years, or more, and his accompanying
spouse and children: Provided, That the principal officer of a Foreign
Service establishment, in his discretion, shall have recommended the granting
of special immigrant status to such alien in exceptional circumstances and
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6 AMENDING THE IMMIGRATION AND NATIONALITY ACT
the Secretary of State approves such recommendation and finds that it is
in the national interest to grant such status."
(b) Paragraph (32) of subsection (a) is amended to read as follows:
"(32) The term `profession' shall include but not be limited to architects,
engineers, lawyers, physicians, surgeons, and teachers in elementary or secondary
schools, colleges, academies, or seminaries."
(c) Subparagraph (1) (F) of subsection (b) is amended to read as follows:
"(F) a child, under the age of fourteen at the time a petition is filed in his
behalf to accord a classification as an immediate relative under section
201(b), who is an orphan because of the death or disappearance of, abandon-
ment or desertion by, or separation or loss from, both parents, or for whom
the sole or surviving parent is incapable of providing the proper care which
will be provided the child if admitted to the United States and who has in
writing irrevocably released the child for emigration and adoption; who
has been adopted abroad by a United States citizen and his spouse who
personally saw and observed the child prior to or during the adoption pro-
ceedings; or who is coming to the United States for adoption by a United
States citizen and spouse who have complied with the preadoption require-
ments, if any, of the child's proposed residence: Provided, That no natural
parent or prior adoptive parent of any such child shall thereafter, by virtue
of such parentage, be accorded any right, privilege, or status under this Act."
SEc. 9. Section 211 of the Immigration and Nationality Act (66 Stat. 181, 8
U.S.C. 1181) is amended to read as follows:
"SEc. 211. (a) Except as provided in subsection (b) no immigrant shall be
admitted into the United States unless at the time of application for admission
he (1) has a valid unexpired immigrant visa or was born subsequent to the issuance
of such visa of the accompanying parent, and (2) presents a valid unexpired pass-
port or other suitable travel document, or document of identity and nationality,
if such document is required under the regulations issued by the Attorney General.
With respect to immigrants to be admitted under quotas of quota areas prior to
June 30, 1968, no immigrant visa shall be deemed valid unless the immigrant is
properly chargeable to the quota area under the quota of which the visa is issued.
"(b) Notwithstanding the provisions of section 212(a)(20) of this Act in such
cases or in such classes of cases and under such conditions as may be by regula-
tions prescribed, returning resident immigrants, defined in section 101 (a) (27) (B),
who are otherwise admissible may be readmitted to the United States by the
Attorney General in his discretion without being required to obtain a passport,
immigrant visa, reentry permit or other documentation."
SEc. 10. Section 212(a) of the Immigration and Nationality Act (66 Stat. 182;
8 U.S.C. 1182) is amended as follows:
(a) Paragraph (14) is amended to read as follows:
"Aliens seeking to enter the United States, for the purpose of performing skilled
or unskilled labor, unless the Secretary of Labor has determined and certified to
the Secretary of State and to the Attorney General that (A) there are not sufficient
workers in the United States who are able, willing, qualified, and available at the
time of application for a visa and admission to the United States and at the place
to which the alien is destined to perform such skilled or unskilled labor, and (B)
the employment of such aliens will not adversely affect the wages and working
oonditions of the workers in the United States similarly employed. The exclusion
of aliens under this paragraph shall apply to special immigrants defined in section
101(a) (27) (A) (other than the parents, spouses, or children of United States
citizens or of aliens lawfully admitted to the United States for permanent resi-
dence), to preference immigrant aliens described in section 203(a) (3) and (6),
and to nonpreference immigrant aliens described in section 203(a) (8) ;'.
(b) Paragraph (20) is amended by deleting the letter "(e)" and substituting
therefor the letter "(a)".
(c) Paragraph (21) is amended by deleting the word "quota".
(d) Paragraph (24) is amended by deleting the language within the paren-
theses and substituting therefor the following: "other than aliens described
in section 101(a)(27) (A) and (B)."
SEc. 11. The Immigration and Nationality Act (66 Stat. 175; 8 U.S.C. 1151)
is amended as follows:
(a) Section 221(a) is amended by deleting the words "the particular non-
quota category in which the immigrant is classified, if a non-quota immi-
grant," and substituting in lieu thereof the words "the preference, non-
preference, immediate relative, or special immigration classification to which
the alien is charged."
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AMENDING THE, IMMIGRATION AND NATIONALITY ACT 7
(b) The fourth sentence of subsection 221(e) is amended by deleting the
word "quota" preceding the word "number;" the word "quota" preceding
the word "year` and the words "a quota" preceding the word "immigrant,"
and substituting in lieu thereof the word "an."
(c) Section 222(a) is amended by deleting the words "preference quota or
a nonquota immigrant" and substituting in lieu thereof the words "an
immediate relative within the meaning of section 201(b) or a preference or
special immigrant".
(ki) Section 224 is amended to read as follows: "A consular officer may,
subject to the limitations provided in section 221, issue an immigrant visa
to a special immigrant or immediate relative as such upon satisfactory proof,
under regulations prescribed under this Act, that the applicant is entitled to
special immigrant or immediate relative status. In the event that the number
of immigrants admitted pursuant to the provisions of section 101(a) (27) (A)
in any one fiscal year exceeds by 10 per centum or more the average number
of immigrants admitted from the Western Hemisphere in the previous five
fiscal years, the President shall so notify the Congress by January 15 of the
following year with such recommendations as he may have, if any."
(e) Section 241(a)(10) is amended by substituting for the words "Section
101 (a) (27) (C) " the words "Section 101 (a) (27) (A) ".
(f) Section 243(h) is amended by deleting the word "physical."
Snc. 12. Section 244(d) of the Immigration and Nationality Act (66 Stat.
214; 8 U.S.C. 1254) is amended to read as follows:
"(d) Upon the cancellation of deportation in the case of any alien under this
section, the Attorney General shall record the alien's lawful admission for perma-
nent residence as of the date the cancellation of deportation of such alien is made.,
and unless the alien is entitled to a special immigrant classification under section
101(a)(27)(A), or is an immediate relative within the meaning of section 201(b),
the Secretary of State shall reduce by one the number of nonpreference immigrant
visas authorized to be issued under section 203(a) (8) for the fiscal year then
current."
SEc. 13. Section 245 of the Immigration and Nationality Act (66 Stat. 217;
8 U.S.C. 1255) is amended as follows:
(a) Subsection (b) is amended to read:
"(b) Upon the approval of an application for adjustment made under sub-
section (a), the Attorney General ? shall record the alien's lawful admission for
permanent residence as of the date the order of the Attorney General approving
the application for the adjustment of status is made, and the Secretary of State
shall reduce by one the number of the preference or nonpreference visas author-
ized to be issued under section 203(a) within the class to which the alien is charge-
able, for the fiscal year then current."
(b) Subsection (c) is amended to read:
"(c) The provisions of this section shall not be applicable to any alien who is
of the class described in section 101(a) (27) (A)."
SEC. 14. Section 281 of the Immigration and Nationality Act (66 Stat. 230;
8 U.S.C. 1351) is amended as follows:
(a) Immediately after "SEC. 281." insert "(a)";
(b) Paragraph (6) is amended to read as follows:
"(6) For filing with the Attorney General of each petition under section 204
and section 214(c), $10; and";
(c) The following is inserted after paragraph (7), and is designated sub-
section (b):
"(b) The time and manner of payment of the fees specified in paragraphs
(1) and (2) of subsection (a) of this section, including but not limited to partial
deposit or prepayment at the time of registration, shall be prescribed by the Secre-
tary State. and
y (d) The paragraph beginning with the words "The fees * * *" is designated
subsection (c).
SEC. 15. (a) Paragraph (1) of section 212(a) of the Immigration and Nationality
Act (66 Stat. 182; 8 U.S.C. 1182(a)(1)) is amended by deleting the language
"feebleminded" and inserting the language "mentally retarded" in its place.
(b) Paragraph (4) of section 212(a) of the Immigration and Nationality Act
(66 Stat. 182; 8 U.S.C. 1182 (a) (4)) is amended by deleting the word "epilepsy"
and substituting the words "or sexual deviation".
SEC. 16. Sections 1, 2, and 11 of the Act of July 14, 1960 (74 Stat. 504-505),
as amended by section 6 of the Act of June 28, 1962 (76 Stat. 124), are repealed.
SEC. 17. Section 221(g) of the Immigration and Nationality Act (66 Stat. 192;
8 U.S.C. 1201(g)) is amended by deleting the period at the end thereof and
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8 AMENDING THE IMMIGRATION AND NATIONALITY ACT
adding the following: ": Provided further, That a visa may be issued to an alien
defined in section 101(a)(15) (B) or (F), if such alien is otherwise entitled to
receive a visa, upon receipt of a notice by the consular officer from the Attorney
General of the giving of a bond with sufficient surety in such sum and containing
such conditions as the consular officer shall prescribe, to insure that at the ex-
piration of the time for which such alien has been admitted by the Attorney
General, as provided in section 214(a), or upon failure to maintain the status
under which he was admitted, or to maintain any status subsequently acquired
under section 248 of the Act, such alien will depart from the United States."
SEC. 18. So much of section 272(a) of the Immigration and Nationality Act
(66 Stat. 226; 8 U.S.C. 1322(a)) as precedes the words "shall pay to the collector
of customs" is amended to read as follows:
"SEC. 272. (a) Any person who shall bring to the United States an alien
(other than an alien crewman) who is (1) mentally retarded, (2) insane, (3)
afflicted with psychopathic personality, or with sexual deviation, (4) a chronic
alcoholic, (5) afflicted with any dangerous contagious disease, or (6) a narcotic
drug addict,".
SEC. 19. This Act shall become effective on, the first day of the first month after
the expiration of thirty days following the date of its enactment except as pro-
vided herein.
SEC. 20. (a) The designation of Chapter I, Title II, is amended to read as
follOWS: "CHAPTER I-SELECTION SYSTEM".
(b) The title preceding section 201 is amended to read as follows: "NUMERICAL
LIMITATIONS".
(c) The title preceding section 202 is amended to read as follows: "NUMERICAL
LIMITATION TO ANY SINGLE FOREIGN STATE".
(d) The title preceding section 203 is amended to read as follows: "ALLOCATION
OF IMMIGRANT VISAS".
(e) The title preceding section 204 is amended to read as follows: "PROCEDURE
FOR GRANTING IMMIGRANT STATUS".
(f) The title preceding section 205 is amended to read as follows: "REVOCATION
OF APPROVAL OF PETITIONS".
(g) The title preceding section 206 is amended to read as follows: "UNUSED
IMMIGRANT VISAS".
(h) The title preceding section 207 is repealed.
(i) The title preceding section 224 of Chapter III, Title II, is amended to read
as follows: "IMMEDIATE RELATIVE AND SPECIAL IMMIGRANT VISAS".
SEC. 21. (a) The table of contents (Title II-IMMIGRATION, CHAPTER
I) of the Immigration and Nationality Act, is amended to read as follows:
"CHAPTER 1-SELECTION SYSTEM
"Sec. 201. Numerical limitations.
"Sec. 202. Numerical limitation to any single Foreign State.
"Sec. 203. Allocation of immigrant visas.
"Sec. 204. Procedure for granting immigrant status.
"Sec. 205. Revocation of approval of petitions.
"Sec. 206. Unused immigrant visas."
(b) The table of contents (TITLE II-IMMIGRATION, CHAPTER III)
of the Immigration and Nationality Act, is amended by changing the designation
of section 224 to read as follows:
"Sec. 224. Immediate relative and special immigrant visas."
PURPOSE OF THE BILL
The purpose of the bill is the elimination of the national origins
system as the basis for the selection of immigrants to the United
States.
HISTORICAL BACKGROUND
The national origins system was first proposed on April 11, 1924, as
an amendment to the immigration---bill then under consideration by
the House of Representatives. The concept was based on the national
origins of the inhabitants of the United States according to the 1920
census, exclusive of (1) natives of independent countries of the Western
Hemisphere, (2) persons of Asian ancestry ((3)) descendants of
AAf I
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immigrants, and (4) descendants of American aborigines. However,
the proposal was voted down several times in the House of Repre-
sentatives without a record vote and the bill passed that body without
the national origins provision. The provision was inserted in the
Senate and retained in conference. The Senate and the House agreed
to the conference report and the bill, as amended, became law on
May 26, 1924.
The effective date of the national origins quota concept, based on
the 1920 census, was extended on two occasions by a joint resolution
of the Congress, first to July 1, 1928, and later to July 1, 1929. In
the interim period the annual quota for any nationality was equal to
2 percent of the number of foreign-born individuals of such nationality
residing in the continental United States as determined by the U.S.
census of 1890.
The Immigration Act of 1924, as amended by the foregoing reso
lutions, provided that the annual quota of any nationality for the
fiscal year beginning July 1, 1929, and for each fiscal year thereafter,
would be a number which bears the same ratio to 150,000 as the number
of inhabitants in the continental United States in 1920 having that
national origin bears to the number of inhabitants in the continental
United States in 1920, but the minimum quota of any nationality shall
be 100. The act also introduced the provision that no alien ineligible
to citizenship could be admitted to the United States as an immigrant.
Some hailed the 1924 act as the most far-reaching change that
occurred in U.S. immigration policy during the course of that quarter
century, in that it arrested the tendency toward a change in the
fundamental composition of the American stock. Its original ob-
jective was to maintain, to some degree, the ethnic composition of
the American people, on the premise that some nations are far closer
to the United States in culture, customs, and standards of living,
respect for law, and experience in self-government.
Others denounced the act as racially biased, statistically incorrect,
and a clumsy instrument of selection based on discrimination against
nations instead of the personal qualifications of immigrants. It is
said to overlook the innate differences of individuals among members
of a group and to confuse racial traits and cultural attainments by
identifying both physical and mental developments with country
of birth.
The Immigration Act of 1924, an immigration quota act, in con-
junction with the act of February 5, 1917, principally a codification
of exclusion provisions, governed American immigration policy
until the Immigration and Nationality Act became effective on
December 24, 1952. This act was a codification of the multitude of
laws which before its enactment governed immigration and naturaliza-
tion in the United States.
The immigration quotas provided by the Immigration and Na-
tionality Act followed in general the pattern of the national origins
system contained in the Immigration Act of 1924. This act, like
the 1924 act, limited the number of quota immigrants entering the
United States during any one year and provided for the distribution
of the annual quota among the various quota areas. The Immigra-
tion and Nationality Act, however, simplified the formula for the
computation of quotas by providing that the annual quota of any
quota area would be one-sixth of 1 percent of the number of in-
H. Rept. 745, 89-1-2
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* AND NATIONALITY ACT
habitants in the continental United States in 1920 attributable by
national origin to such quota area.
The national origins provision continued in the Immigration and
Nationality Act was the subject of debate in both the House of
Representatives and the Senate. Differences between the House
and the Senate versions were reconciled in conference on June 9, 1952,
and the conference report was adopted shortly thereafter by both
bodies. President Truman, on June 25, 1952, vetoed the bill and
emphasized :
This quota system-always based upon assumptions at
variance with our American ideals-is long since out of date
and more than ever unrealistic in the face of present world
conditions * * *. The greatest vice of the present quota
system, however, is that it discriminates, deliberately and
intentionally, against many of the peoples of the world * * *
The basis of this quota system was false and unworthy in
1924. It is even worse now.
Notwithstanding the strong opposition of President Truman,. the
President's veto was overridden by the Congress and on June 27,
1952, the Immigration and Nationality Act became law.
LEGISLATIVE HISTORY
Presiden' Johnson submitted an executive communication to the
Congress on January 13, 1965 (H. Doc. No. 52), and his recom-
mendations were embodied in H.R. 2580 which was introduced on
the same day. The provisions of the bill were substantially the
same as the provisions recommended by the late President Kennedy
on July 23, 1963, which were incorporated in H.R. 7700 of the 88th
Congress.
President Eisenhower had also sent messages to the Congress
recommending immigration reform, stating that experience in the
postwar world demonstrated that the present national origins method
of admitting aliens needed to be reexamined, and a new system adopted
which would admit aliens within allowable numbers according to new
guidelines and standards.
Extensive hearings were held in June, July, August, and Sep-
tember of 1964 on H.R. 7700, 55 identical bills, and 30 other proposals
to amend the Immigration and Nationality Act. Testimony was
received from Cabinet officers, Government officials, Members of
Congress, and representatives of patriotic, religious, nationality,
veterans, labor, and other nonthgovernmental organizations, as well
as from private citizens. In the present Congress hearings were
held on H.R. 2580 and further testimony was received from govern-
mental as well as nongovernmental witnesses.
Every aspect of immigration relating to the proposed legislation
was painstakingly studied and reviewed.
GENERAL INFORMATION
The primary objective of the national origins system was to main-
tain the ethnic balance of the American population as it existed in
1920. Under that system the selection of immigrants was based
upon race and place of birth.
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AMENDING THE IMMIGRATION AND NATIONALITY ACT 11
The national origins system has failed to maintain the ethnic
balance of the American population as it was designed and intended
since the nations favored with the high quotas have left their quotas
largely unused. Immigration statistics establish that only one of
every three immigrants, during the last two decades, actually was
admitted to the United States. as a quota immigrant under the national
origins system.
President Kennedy in a special message to the Congress on July 23,
1963, said:
The most urgent and fundamental reform I am recommend-
ing relates to the national origins system of selecting immi-
grants. Since 1924 it has been used to determine the number
of quota immigrants permitted to enter the United States
each year. Accordingly, although the legislation I am
transmitting deals with many problems which require re-
medial action, it concentrates attention primarily upon revi-
sion of our quota immigration system. The enactment of
this legislation will not resolve all of our important problems
in the field of immigration law. It will, however, provide a
sound basis upon which we can build in developing an immi-
gration law that serves the national interest and reflects in
every detail the principles of equality and human dignity to
which our Nation subscribes.
President Johnson in January of 1965 said:
A change is needed in our laws dealing with immigration.
Four Presidents have called attention to serious defects in
this legislation. Action is long overdue.
I am therefore submitting, at the outset of this Congress,
a bill designed to correct the deficiencies. I urge that it be
accorded priority consideration.
The principal reform called for is the elimination of the
national origins quota system. That system is incompatible
with our basic American tradition.
Over the years the ancestors of all of us-some 42 million
human beings-have migrated to these shores. The fun-
damental, longtime American attitude has been to ask not
where a person comes from but what are his personal quali-
ties. On this basis men and women migrated from every
quarter of the globe. By their hard work and their enor-
mously varied talents they hewed a great nation out of a
wilderness. By their dedication to liberty and equality,
they created a society reflecting man's most cherished ideals.
Long ago the poet Walt Whitman spoke our pride: "These
States are the amplest poem." We are not merely a nation
but a "nation of nations."
Violation of this tradition by the national origins quota
system does incalculable harm. The procedures imply that
men and women from some countries are, just because of
where they come from, more desirable citizens than others.
We have no right to disparage the ancestors of millions of
our fellow Americans in this way. Relationships with a
number of countries, and hence the success of our foreign
policy, is needlessly impeded by this proposition.
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12 AMENDING THE IMMIGRATION AND NATIONALITY ACT
The quota system has other grave defects. Too often it
arbitrarily denies us immigrants who have outstanding and
sorely needed talents and skills. I do not believe this is
either good government or good sense.
Congress has progressively enacted special legislation to permit
reuniting of families. These special laws supplemented the basic
immigration law and provided for the admission, generally on a non-
quota basis, of immigrants of different races and circumstances as
well as the unfortunate who have been uprooted and displaced by
political upheavals. The performance of the Congress in the field of
immigration in the postwar period has been far more generous and
sympathetic than adherence to the national origins system alone
would allow. The failure of that system is noted by the continual
changes that special legislation have made on the pattern of immigra-
tion over the years. More recently, legislation has clearly reflected
the intent of the Congress to relieve human pressures created by
quota restrictions. Existing law has not kept pace with the needs of
our own citizens and our foreign policy to the extent that inevitable
pressures built up and had to be relieved by humanitarian special
legislation. The restrictive effect of the national origins concept has
been significantly modified during the last decade as the result of
special legislation.
In place of the national origins system the bill establishes a new
system of selection designed to be fair, rational, humane, and in the
national interest. Under this system, selection from among those
eligible to be immigrants within the annual numerical cuing of
170,000 (inclusive of 10,200 refugees) will be based upon the existence
of a close family relationship to U.S. citizens or permanent resident
aliens and not on the existing basis of birthplace or ancestry. Re-
unification of families is emphasized as the foremost consideration.
The closer the family relation the higher the preference. In order
that the family unit may be preserved as much as possible, parents
of adult U.S. citizens as well as spouses and children may enter the
United States without numerical limitation. The unmarried sons
and daughters of U.S. citizens are considered to be part of the imme-
diate family unit and thus are given first preference status. As the
family relationship becomes more distant a lower preference status
is accorded.
Preference is also provided for those professional people, with
personal qualifications, whose services are urgently needed in the
United States. Aliens capable of filling labor needs are given a lesser
preference.
The principle of selection within the preference categories is not
unlike the present preference system; however, the bill has a revised
order of preferences to first reunite families and next to admit those
aliens, without family ties in the United States, who will contribute
to the national economy, welfare, and cultural interests of the United
States.
The new selection system, in summary, is based upon first come,
first served, without regard to place of birth, within the preference
categories and subject to specified limitations designed to prevent an
unreasonable allocation of numbers to any one foreign state.
The order of preferences within this system is consistent with the
recommendations developed in the course of committee hearings.
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AMENDING THE IMMIGRATION AND NATI N L
The committee, in considering the need for change, is cognizant of
the fact that there are far more people who would like to come to the
United States than the United States can accept. It is the basic ob-
jective of this bill to choose fairly among the applicants for admission
to this country without proposing any substantial change in" the
number of authorized immigration. The significance of immigration
to the United States will depend less on the number than on the quality
of immigrants. Therefore, it is the considered opinion of the com-
mittee that it is appropriate to fix a limit of 170,000 (inclusive of 10,200
refugees) immigrant admissions annually from former quota countries.
This limit will permit immigration within the absorptive capacity of
this country.
Under existing law the sum total of quotas for all areas exclusive
of the Western Hemisphere is 158,561. This figure does not reflect
the number of refugees who are paroled in the United States "without
being charged to any particular quota. The limitation of 170,000
admissions from former quota countries includes an allocation of
up to 10,200 numbers which can be made available for the conditional
entry of refugees. Thus, the increase in the authorized annual total,
based upon estimates, will not exceed 2,000. However, it should be
restated that the existing qualitative controls on immigration will be
implemented by new labor controls which, in effect, should cause
immigration to be maintained upon the. present level.
It should be emphasized that there has been no relaxing of the
qualitative criteria for admissibility to the United States and that
no relaxation of the mental, health, moral, economic, and security
criteria is proposed. The bill is not a comprehensive overhaul of
the immigration laws.
The existing quota system will be abolished on July 1, 1968. In
the interim the immigration numbers authorized under the existing
quota system which are unused at the end of each fiscal year will be
reallocated from a pool of the unused numbers for the issuance of
visas to preference immigrants from countries which have over-
subscribed quotas and long preference waiting lists. During the
interim, this procedure will not affect the flow of immigration from
large quota countries and at the same time will hasten to eliminate
the waiting lists so that on July 1, 1968, it is anticipated that all
individuals from each foreign state will be able to participate equally
and fairly in the numbers then made available for immigration.
This procedure is intended to provide a smooth and orderly transition
from the old system to the new.
Asia-Pacific triangle
The Congress in 1943 abolished the Chinese exclusion laws and
established for the first time a quota for the immigration of Chinese
persons. In 1946 persons belonging to races indigenous to India
were made eligible for immigration and naturalization. The Philip-
pine Independence Act of 1034 established a quota for the Philippine
Islands which was increased in 1946. This cautious beginning of a re-
vision policy pertaining to Asian persons has been followed by pro-
gressive amendments to the immigration laws.
In 1952 the Immigration and Nationality Act eliminated race as
a bar to naturalization and thereby to immigration. Asian spouses
and children of American citizens were given the same nonquota
status enjoyed by any person of non-Asian ancestry. The discrunina-
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IGRATION AND NATIONALITY ACT
tory features affecting Asian persons which then remained were the
establishment of a limitation of 2,000 for the aggregate of minimum
quota areas in the Asia-Pacific triangle and the requirement that the
quota chargeability of an Asian person born outside the Asian sphere
be determined by ancestry rather than the place of birth. The
Congress in 1961 removed the 2,000 limitation on the aggregate of
minimum quotas within the triangle. The only remaining discrimina-
tory provision requiring that an Asian person be charged to the quota
of his ancestry, even though born outside of the Asian area, is repealed
immediately by this legislation and thus the last vestige of discrimina-
tion against Asian persons is removed from the immigration laws.
Immigration and the economy
The amended section 212(a) (14) represents a substantial departure
from existing law. Presently, the provisions of section 212(a)(14)
operate only when the Secretary of Labor invokes them by certifica-
tion which has the effect of excluding any intending immigrant,
within the scope of the certification, who would likely displace a
qualified American worker, or whose employment in the United States
would adversely affect the wages and working conditions of workers
similarly employed in the United States. This procedure is reversed
under the amendment. Responsibility is placed upon the intending
immigrant to obtain the Secretary of Labor's clearance prior to is-
suance of a visa. This provision is applicable to immigrants from the
Western Hemisphere, nonpreference immigrants, as well as those
preference immigrants who seek entrance into the United States
for the primary purpose of gainful employment whether it be in a
skilled or semiskilled category or as a member of the professions or
the arts.
The Department of Labor should have no difficulty in adapting to
this new procedure inasmuch as the Department, through its Bureau
of Employment Security and affiliated State Employment Service
agencies, presently determines availability of domestic workers and
the standards of working conditions. There is no apparent need to
increase facilities.
There is a clear responsibility assumed by citizens and permanent
resident aliens who have filed preference petitions for relatives to come
to the United States and as a consequence such certification by the
Secretary of Labor is unnecessary. Additionally, assurances are re-
quired by consular officers, before visa issuance, that the public charge
provisions of the law are satisfied.
The committee is aware of what appears to be the increasing desire
of natives of the countries of the Western Hemisphere to immigrate to
the United States.
The provision in this bill requiring the President to advise the
Congress of any excess immigration from the Western Hemisphere is
not without a most serious purpose. The individual countries of the
Western Hemisphere are not subject to a numerical limitation on
immigration. However, if a disproportionate number of immigrants
from this area is admitted, it is the responsibility of the President to
notify the Congress and the Congress to take whatever appropriate
action necessary to insure that the fair and equitable balance of
immigration as set forth in this legislation is maintained.
The committee has given much thought to the practice of importing
foreign labor to work in agricultural endeavors. Inasmuch as the
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AMENDING THE IMMIGRATION AND NATIONALITY ACT 10
Agricultural Act of 1949, as amended, has not been extended, it is
the firm position of the committee that the provisions of the Immigra-
tion and Nationality Act, pertaining to temporary admission of
laborers, shall not be abused.
As the bill specifies, the committee has required the Attorney Gen-
eral to submit reports on each preference immigrant admitted to the
United States for the purpose of undertaking gainful employment.
Likewise, the committee states that the exercise of discretion by the
Attorney General in the temporary labor field will be scrutinized
thoroughly.
The bill makes specific provision that skilled or unskilled labor of a
temporary or seasonal nature is not entitled to any preference under
the selective system.
Refugees
Legislation to enable the United States to participate in the resettle-
ment of refugees has been part of our immigration policy continuously
since the close of World War II. Permanent provision is made for the
conditional entry of up to 10,200 refugees annually to continue the
traditional policy of the United States to offer refuge to persons
oppressed or persecuted because of their race, religion, or opposition to
totalitarian beliefs. This new section of the law will permit the
President to act immediately, if the situation so requires, to come to
the aid of refugees as defined in this bill. The Congress, charged with
the constitutional responsibility for the regulation of immigration,
reserves the power to review the case history of every refugee condi-
tionally entered into the United States to determine whether the
interests of this country are subject to outside pressures.
Refugees have been admitted to the United States through the
sponsorship of voluntary agencies and private citizens. The com-
mittee intends that such practice will continue so that each refugee
will have an opportunity to adjust and develop in this country without
fear of abandonment and without the possibility of becoming a public
charge.
The conditional entry of refugees as proposed in this bill is not
unlike the parole procedure utilized during the existence of the
so-called Fair Share Act (sec. 212(d)(5)) and it is intended that the
procedure remain the same. Since the use of the term "parole"
conveys a connotation unfavorable to the alien, the substitute term
"conditional entry" has been used to avoid any such implication.
The so-called Fair Share Refugee Act (the act of July 14, 1960),
with the exception of the sections which permit adjustment of status
of refugees already admitted to the United States under its provisions,
is repealed. The repeal of this legislation will again permit the
United States to determine who is or who is not a refugee. Under
the Fair Share Act the United States delegated to the United Nations
High Commissioner for Refugees the authority to determine eligibility
qualification for refugee status. This arrangement served a purpose
only during the course of World Refugee Year. Inasmuch as definite
provision has now been made for refugees, it is the express intent of
the committee that the parole provisions of the Immigration and
Nationality Act, which remain unchanged by this bill, be administered
in accordance with the original intention of the drafters of that
legislation. The parole provisions were designed to authorize the
Attorney General to act only in emergent, individual, and isolated
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16 AMENDING THE IMMIGRATION AND NATIONALITY ACT
situations, such as the case of an alien who requires immediate medical
attention, and not for the immigration of classes or groups outside
of the limit of the law.
Jamaica, Trinidad-Tobago
It has been the policy of the Congress to recognize the common
bond uniting the Americas by exempting from any quota restrictions
those immigrants who were born in independent countries of the
Western Hemisphere. When the Congress in 1952 formulated the
pertinent provisions of the immigration and Nationality Act, it
included in the list of nonquota countries all those which were de-
pendent at that time. Meanwhile, Jamaica -and Trinidad-Tobago
have become independent. The bill proposes that these countries, as
well as any countries in the Western Hemisphere which become
independent in the future, shall enjoy the same status of immigration
without numerical limitation; however, immigration from all such
countries in the hemisphere remains subject to the qualitative restric-
tions in the law.
Exclusionary provisions
In view of the representations made by the U.S. Public Health
Service that term "psychopathic personality" would encompass
homosexuals and sex perverts, the Congress in enacting the Immigra-
tion and Nationality Act omitted from the law any specific provision
relating to the ineligibility of such persons (note S. Rept. 1137, 82d
Cong.) .
However, the U.S. Court of Appeals for the Ninth Circuit on
April 17, 1962, set aside a deportation order and enjoined its enforce-
ment holding that section 212(a)(4) was unconstitutionally vague in
that homosexuality was not sufficiently encompassed within the term
"psychopathic personality." (Fleuti v. Rosenberg, 302 F. 2d 652.)
To resolve any doubt the committee has specifically included the
term "sexual deviation" as a ground of exclusion in this bill.
The Public Health Service interprets the term "epilepsy" as meaning
only convulsive disorders whose cause is unknown. The alien who is
found to be afflicted with this so-called idiopathic or true epilepsy is
mandatorially excludable under the present law without regard to the
alien's intelligence or ability to earn a living.
However, the alien found to have epileptic symptoms caused by a
previous brain injury or disease is evaluated medically on the facts
and circumstances of that injury or disease and its effect on his ability
to function. The examining physician gives the consul a medical
evaluation and the consul determines admissibility under those provi-
sions of the law which exclude aliens likely to become a public charge.
With the deletion of epilepsy as a ground of exclusion, any alien
with idiopathic epilepsy will be considered the same way as an alien
who has epileptic symptoms due to identifiable physical causes. Each
individual will be evaluated in terms of effect of the condition on his
ability to earn a living and the likelihood of his becoming a public
charge so that the more severe cases might still be excluded.
The change in law is reasonable and desirable because medical
advances have brought this condition under control with medication
and it is now possible to achieve complete control of symptoms in
half of the cases and a very marked reductionin another 30 percent.
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AMENDING THE IMMIGRATION AND NATIONALITY ACT
Quota control under H.R. 2580, as amended
The quota control function of the Department of State under
H.R. 2580 as amended will operate substantially as it has in the past
with one important exception. The percent limitation on visas (or
conditional entries), as specified in the bill for each of the preference
categories (sec. 203(a) (1-7)), will be applied during the transition
period and thereafter on a worldwide basis (exclusive of the Western
Hemisphere) instead of the present individual quota area basis.
The allocation of quota numbers, whether from the established quotas
or from the immigration pool, for the issuance of visas, for conditional
entries, or for adjustments of status in the United States will be
governed by the following three general limitations:
(a) The overall numerical limit of 170,000 (inclusive of
10,200 refugees) ;
(b) The individual foreign state limit of 20,000; and
(c) The percentage limit fixed for each preference category on
a worldwide basis.
Within the foregoing limitations, quota numbers will be made
available on a first-come, first-qualified basis. All consular offices
abroad will be required to submit monthly reports to the Department
showing the number of intending immigrants within each preference
and nonpreference category who have been examined and found
qualified to receive visas, and their priority date on the waiting list.
These monthly reports will form the basis for estimating hea and non-
preference). qualified
demand for immigrant visas in each category (preference Based upon this estimated qualified demand, the De-
partment of State will allocate the requested numbers to the extent
of their availability for the particular month and subject to the per-
cent limitation specified in the law for each preference class. When
the qualified demand exceeds the available numbers, the later regis-
trants in each category must await a number in the next monthly
allotment.
In allotting quota numbers under H.R. 2580, as amended, during
the three-year interim period, the Department will first use the num-
bers available under the established quotas to the full extent of the
quota and, thereafter, to the extent that they are available for allot-
ment from the immigration pool. The general rule of quota charge-
ability (country of birth) will govern the allotment of numbers from
the establishment quotas but not from the immigration pool. Num-
bers from the pool will be available to natives of oversubscribed quota
areas within preference percentages and without regard to country
of birth.
After the 3-year interim period visa numbers will be issued from the
170,000 authorized to qualified immigrants and refugees, without
regard to place of birth, within the preference or nonpreference cate-
gories, up to the limit of 20,000 per foreign state, and in accordance
with the order of priority.
With regard to the conditional entries of refugees under section
203(a)(7), it will be necessary for the Department of State to know
currently the exact number of such entries not only for statistical
purposes (determining when numerical limitations are reached) but
also to enable the Department of State to make a reasonable estimate,
at least quarterly, of numbers available for allotment to intending
immigrants within the nonpreference category.
H. Rept. 745,89-1-3
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BASIC CHANGES
1. Abolition of the national origins system.
2. New system of preferential admissions based upon the existence
of a close family relationship with U.S. citizens or permanent resident
aliens, and upon the advantage to the United States of the special
talents and skills of the immigrant.
3. Parents of U.S. citizens (if such citizen is over 21 years of age)
will not come under a numerical limitation.
4. Two preference categories for immigrants to be employed in the
United States:
(a) Third preference-professions or exceptional ability in the
sciences or the arts (an immigrant in this category may file his
own petition).
(b) Sixth preference-skilled or unskilled workers who can
fill specific needs in short supply.
5. A limitation of 170,000 (including 10,200 refugees) on the number
of immigrants who may be admitted to the United States in any
fiscal year other than the defined "special immigrants" and "immedi-
ate relatives." No foreign state will be allowed more than 20,000
immigrants in any one fiscal year.
6. Elimination of the discriminatory Asia-Pacific triangle provision
of the existing law.
7. Exemption from numerical limitation on immigration for newly
independent Western Hemisphere countries (Jamaica, Trinidad-
Tobago).
8. Elimination of technical restrictions which have existed in the
refugee laws and establishment of a definite number to be utilized for
refugees.
9. Safeguards to protect the American economy from job competi-
tion and from adverse working standards as a consequence of immi-
grant workers entering the labor market.
SECTION-BY-SECTION ANALYSIS OF H.R. 2580, AS AMENDED
Section 1
A limit of 170,000 is established for the number of aliens who may
enter the United States as immigrants or who may have their status
adjusted in the United States to that of a permanent resident, or
who may conditionally enter as refugees. However, as under the
present system, natives of independent countries of the Western
Hemisphere and spouses and unmarried minor children of U.S. citizens
are not subject to this numerical limitation. Parents of U.S. citizens
are also in this numerically unrestricted category. To facilitate
administration, not more than 45,000 aliens, subject to the numerical
ceiling, may be admitted in each of the first three quarters of any
fiscal year.
A new classification "immediate relative" is set forth and defined
to include parents, spouses, and minor unmarried children of U.S.
citizens while natives of the Western Hemisphere are classified as
"special immigrants."
This section will bring the system of national quotas to an end on
June 30, 1968, but continues for the intervening 3-year period (July
1, 1965, to June 30, 1968) the existing quotas for quota areas. During
each fiscal year in this period, quota numbers not used in the course of
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AMENDING THE IMMIGRATION AND NATIO I A
the preceding fiscal year are to be transferred to an immigration pool.
Quota numbers in the pool will be made available to immigrants who
cannot obtain visas due to oversubscription of their quotas. Such
numbers will be allocated from the immigration pool in accordance
with the preference percentages in section 3 of the bill without regard
to quota chargeability. Otherwise, the existing quota system will
continue to operate during this 3-year period.
Allocation of numbers from the pool and from the existing quotas
shall not exceed the 170,000 limitation. The immigration pool and
the national origins system will be terminated on June 30, 1968.
Thereafter all aliens subject to the 170,000 limitation, whether they
are issued unmigration visas, acquire the status of those admitted for
permanent residence, or are granted conditional entry, shall be
treated in accordance with the percentage limitations laid down in
section 3 of the bill.
It is the intention of the committee that "immediate relatives" as
that term is defined in section 201(b) and "special immigrants" as
defined in section 101(a)(27) will be documented as such and not
issued visas which are subject to the numerical limitations of the act.
Section 2
The new system for issuance of immigrant visas without regard to
national origin is established. This system will apply to the immi-
gration pool during the 3-year period of its existence and thereafter to
all immigration subject to the 170,000 ceiling. Of this total of 170,000,
not more than 20,000 immigrant visas and conditional entries are to
be made available to the natives of any single foreign country in any
fiscal year. However, during the 3-year period of the continuation
of quotas, the 20,000 coiling will not operate to reduce the number of
immigrants who may be admitted from a quota area with a quota
larger than 20,000.
The remainder of this section is a restatement of section 202 of the
Immigration and Nationality Act and provides that an immigrant is
to be charged to the country of his birth for the purposes of the 20,000
limitation, except in a case where such chargeability would cause the
family unit to be divided. An accompanying spouse or child may be
charged to the same foreign state as his spouse or parent if the limita-
tion for that foreign state has not been utilized. The Asia-Pacific-
triangle provision contained in section 202(b) of the Immigration and
Nationality Act, requiring quota chargeability on the basis of racial
ancestry, is immediately repealed. The section also provides that a
colony or other dependent area of a foreign state shall not in any one
fiscal year receive more than 1 percent of the maximum number of
immigrant visas available to that state, thus preventing such colony
or dependent area from preempting the governing country's visa
limitation disproprotionately.
The Secretary of State is authorized to take appropriate action in
the event there is any change in the territorial limits of foreign states.
Section 3
The order of preference priorities and percentage allocations for
the admission of qualified immigrants under the numerical limitation
of 170,000 (sec. 201(a)) is as follows:
(1) Unmarried sons or daughters of U.S. citizens-the first
20 percent of the total of 170,000.
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20 AMENDING THE IMMIGRATION AND NATIONALITY ACT
(2) Husbands, wives, and unmarried sons or daughters of alien
residents-20 percent plus any unused portion of class (1).
(3) Members of professions, scientists, and artists-the next
10 percent.
(4) Married sons or daughters of U.S. citizens-10 percent plus
any unused portions of classes (1) through (3).
(5) Brothers or sisters of U.S. citizens-24 percent plus any
unused portions of classes (1) through (4).
(6) Skilled or unskilled persons capable of filling labor shortages
in the United States-the next 10 percent.
(7) Refugees from persecution by Communist or certain
other governments-The next 6 percent. As distinguished from
the aleins in the other classes, who are given immigrant visas,
refugees will be granted conditional entries by the Attorney
General provided they qualify as refugees within the definition
prescribed in the bill. However, one-half of this 6 percent figure,
or 5,100 of these numbers authorized for refugees may be used
in lieu of conditional entries to adjust the status of refugees who
have been physically present in the United States for 2 years.
(8) Otherwise qualified immigrants, in the order of their
qualification (i.e., nonpreference immigrants)-any portion of
the 170,000 not used by classes (1) through (7).
The requirement that visas shall be issued to nonpreference appli-
cants in the order in which they qualify rather than in the order in
which they apply for registration on a waiting list will have the effect
of preventing the buildup of unrealistic waiting lists of aliens who
register without serious intent to immigrate to the United States.
The Secretary of State is authorized to terminate the waiting list
registration of any alien who does not continue an interest to immi-
grate to the United States.
Section 203 (c) of the Immigration and Nationality Act, as proposed
in section 3 of the bill, requires that visas issued to qualified immi-
grants pursuant to paragraphs (1) through (6) of scetion 203 (a) shall
be issued in the order in which the approved petition is filed with the
Attorney General. This requirement is intended to apply to preference
petitions approved prior to enactment of the bill.
Subsection (f) requires the Attorney General to submit reports to
Conoress concerning refugees who have entered the United States
conditionally. Subsections (g) and (h) provide for the inspection of
refugees after they have been in the United States for at least 2
years and retroactive adjustment of status to that of an alien lawfully
admitted for permanent residence as of the date of their arrival in
the United States.
The other subsections of this section set forth a number of technical
amendments and establish procedures for authorizations in connec-
tion with the administration of the preference provisions.
Section 4
Sections 204 and 205 of the Immigration and Nationality Act are
revised to establish a single procedure for the filing of petitions with
the Attorney General to accord immediate relative status, or prefer-
ence status, as the case may be. The limitation on the number of
orphan petitions which may be approved for one petitioner is con-
tinued as well as the prohibition against approval of a petition for
an alien whose prior marriage was determined by the Attorney
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General to have been entered into for the purpose of evading the
immigration law.
The Attorney General is required to submit a report to Congress
on each petition approved for the professional or occupational prefer-
ences.
Section 5
This section restates section 206 of the Immigration and Nation-
ality Act and authorizes the Attorney General to revoke for sufficient
cause a preference petition previously approved.
Section 6
This section restates the present section 207 of the Immigration
and Nationality Act and is amended to authorize the reissuance of an
immigrant visa, if not used by the initial holder, to another qualified
alien.
Section 7
Section 207 of the Immigration and Nationality Act is repealed.
Section 8
Section 101(a)(27) of the Immigration and Nationality Act, which
section defines "nonquota immigrant," is amended to eliminate the
term "nonquota immigrant" and insert in lieu thereof "special
immigrant." Therefore, natives of independent countries of the
Western Hemisphere, returning resident aliens, certain former citizens
of the United States, ministers of religion, and certain retired em-
ployees of the U.S. Government abroad previously referred to as
"nonquota immigrants" will henceforth be referred to as "special
immigrants." The term "profession" used in section 3 of the bill is
defined, and the definition of an "eligible orphan" is consolidated
from different sections and restated.
Section 9
Section 211 of the Immigration and Nationality Act which requires
an unexpired visa and a passport for every immigrant arriving in
the United States, is restated and amended to broaden the authority
of the Attorney General to waive documentation required of a re-
turning resident alien.
Section 10
.Section 212(a)(14) of the Immigration and Nationality Act is
restated so as to require an affirmative finding by the Secretary
of Labor that any alien seeking to enter the United States as a worker,
skilled or otherwise, will not replace a worker in the United States
nor will the employment of such alien adversely affect the wages
and working conditions.of individuals in the United States similarly
employed. This required certification will be applicable to special
immigrants (other than the parents, spouses, and minor children of
U.S. citizens or permanent resident aliens), preference immigrants
described in section 203(a) (3) and (6), and the nonpreference im-
migrants.
Section 11
In addition to technical changes in a number of the sections of the
act, this section amends section 224 to require the President to notify
the Congress with recommendations, if any, if in any year the special
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AMENDING THE IMMIGRATION AND NATIONALITY ACT
immigrants from the Western Hemisphere exceed by 10 percent the
average number admitted from that area in the previous 5 years.
Section 243(h) of the Immigration and Nationality Act is amended
to authorize the Attorney General to withhold deportation of an alien
who, in his opinion, would be subject to persecution if deported.
Existing law requires evidence that the alien would be subjected to
"physical" persecution. Techniques of persecution are not limited to
bodily violence alone.
Section 12
Section 244(d) of the Immigration and Nationality Act is amended
to conform to changes in the act due to the termination of the quota
system. In each case where an alien, other than a special immigrant
or an immediate relative, has his deportation suspended, a number is
deducted from the nonpreference immigrant visas authorized for the
current fiscal year.
Section 13
Section 245 of the Immigration and Nationality Act, relating to
adjustment of status of aliens in the United States, is amended to
prohibit the adjustment of status of natives of the Western Hemisphere
now referred to as "special immigrants." The Immigration and
Naturalization Service has been faced with a recurring problem in
cases of natives of Central and South America who come to the United
States as nonimmigrant visitors and promptly seek permanent resi-
dence status under section 245.
In those instances when adjustment of status is granted, a number
is to be deducted from the appropriate preference or nonpreference
category.
Section 14
Section 281 of the Immigration and Nationality Act is amended to
grant the Secretary of State discretion to specify the time and manner
of payment of fees for visa application and issuance. This amend-
ment is designed to discourage registration by persons not sincerely
intending to immigrate to the United States.
Section 15
Section 212(a)(1) of the Immigration and Nationality Act is
amended by deleting the term "feebleminded" and inserting in lieu
thereof "mentally retarded." This change is made to conform with
modern medical terminology. Also, "epilepsy" is deleted as a ground
for exclusion and "sexual deviation" is included as a ground for exclu-
sion.
Section 16
The Fair Share Refugee Act is repealed with the exception of the
sections that permit adjustment of status for those refugees who have
already been admitted and will soon be eligible to apply for adjust-
ment. (A new provision is made for refugees in sec. 3 of the bill).
Section 17
Consular officers are authorized in their discretion to require the
giving of a bond in cases where aliens apply for student or visitor
visas to come to the United States to insure that such alien will
maintain his status. This provision will make it possible to resolve
doubts in borderline cases in which the consular officer is uncertain as
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AMENDING THE IMMIGRATION AND NATIONALITY ACT 23
to the bona fides of the nonimmigrant's intention to remain in the
United States temporarily.
Section 18
Section 272 of the Immigration and Nationality Act, which imposes
a penalty for bringing certain excludable aliens to the United States,
is amended to conform with the amended section 212.
Section 19
The effective date of this legislation is established, which is on the
first day of the first month after the expiration of 30 days following
the date of enactment, except as otherwise provided.
Section ,20
This section amends the titles of chapters 1 and 3 of title II to
conform with the contents of the sections of the Immigration and
Nationality Act, as proposed to be amended by this legislation.
Section 21
The table of contents is amended to conform with changes proposed
by this legislation.
COMMITTEE RECOMMENDATION
The committee, upon examination of all the facts involved in this
legislation, recommends that H.R. 2580, as amended, do pass.
In compliance with paragraph 2 of clause 3 of rule XIII of the
Rules of the House of Representatives, changes in existing law made
by the bill are shown as follows (new matter is printed in italic,
matter proposed to be omitted is printed in black brackets, existing
law in which no change is proposed is printed in roman) :
TABLE OF. CONTENTS
TITLE II-IMMIGRATION
CHAPTER 1-[QUOTA] SELECTION SYSTEM
Sec. 201. Numerical limitations [; annual quota based upon national origin;
minimum quotas].
Sec. 202. [Determination of quota to which an immigrant is chargeable] Numeri-
cal limitation to any single foreign state.
Sec. 203. Allocation of immigrant visas [within quotas].
Sec. 204. Procedure for granting immigrant status [under section 101(a) (27) (F)(1)
or 203(a) (1) W1
Sec. 205. [Procedure for granting nonquota status or preference by reason of
relationship.] Revocation of approval of petitions.
Sec. 206. [Revocation of approval of petitions] Unused immigrant visas.
[Sec. 207. Unused quota immigrant visas.]
CHAPTER 3-ISSUANCE OF ENTRY DOCUMENTS
See. 221. Issuance of visas.
Sec. 222. Applications for visas.
Sec. 223. Reentry permits.
Sec. 224. [Nonquota] Immediate relative and special immigrant visas.
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24 AMENDING THE IMMIGRATION AND NATIONALITY ACT
Section 101(a) (27) of the Immigration and Nationality Act
(27) The term ["nonquota immigrant"] "special immigrant"
means-
(A) [an immigrant who is the child or the spouse of a citizen
of the United States] an immigrant who was born in any independent
foreign country of the Western Hemisphere or in the Canal Zone
and the spouse and children of any such immigrant, if accompanying
or following to join him; Provided, That no immigrant visa shall
be issued pursuant to this clause until the consular qfficer is in
receipt of a determination made by the Secretary of Labor pursuant
to the provisions of section 212(a) (14);
(B) an immigrant, lawfully admitted for permanent residence,
who is returning from a temporary visit abroad;
[(C) an immigrant who was born in Canada, the Republic of
Mexico, the Republic of Cuba, the Republic of Haiti, the Domini-
can Republic, the Canal Zone, or an independent country of
Central or South America, and the spouse or the child of any
such immigrant, if accompanying or following to join him;]
[(D)] (C) an immigrant who was a citizen of the United
States and may, under section 324(a) or 327 of title III, apply for
reacquisition of citizenship;
[(E) an immigrant included within the second proviso to
section 249(a)(1) of title III;]
[(F)] (D)(i) an immigrant who continuously for at least two
years immediately preceding the time of his application for
admission to the United States has been, and who seeks to enter
the United States solely for the purpose of carrying on the
vocation of minister of a religious denomination, and whose
services are needed by such religious denomination having a
bona fide organization in the United States; and (ii) the spouse
or the child of any such immigrant, if accompanying or following
to join him; or
[(G)] (E) an immigrant who is an employee, or an honorably
retired former employee, of the United States Government
abroad, and who has performed faithful service for a total of
fifteen years, or more, and his accompanying spouse and children:
Provided, That the principal officer of a Foreign Service estab-
lishment, in his discretion, shall have recommended the granting
of [nonquota] special immigrant status to such alien in exceptional
circumstances and the Secretary of State approves such recom-
mendation and finds that it is in the national interest to grant
such status.
Section 101(a) (32) of the Immigration and Nationality Act
(32) The term ["quota immigrant" means any immigrant who
is not a nonquota immigrant. An alien who is not particularly
specified in this Act as a nonquota immigrant or a nonimmigrant
shall not be admitted or considered in any manner to be either a
nonquota immigrant or a nonimmigrant notwithstanding his relation-
ship to any individual who is so specified or by reason of being excepted
from the operation of any other law regulating or forbidding immi-
gration.] "profession" shall include but not be limited to architects,
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AMENDING THE IMMIGRATION AND NATIONALITY ACT 25
engineers, lawyers, physicians, surgeons, and teachers in elementary or
secondary schools, colleges, academies, or seminaries.
Section 101(b) (1) of the Immigration and Nationality Act
(b) As used in titles I and II-
(1) The term "child" means an unmarried person under twenty-one
years of age who is-
(A) a legitimate child; or
(B) a stepchild, whether or not born out of wedlock, provided
the child had not reached the age of eighteen years at the time the
marriage creating the status of stepchild occurred; or
(C) a child legimated under the law of the child's residence
or domicile, or under the law of the father's residence or domicile,
whether in or outside the United States, if such legitimation takes
place before the child reaches the age of eighteen years and
the child is in the legal custody of the legitimating parent or
parents at the time of such legitimation.
(D) an illegitimate child, by, through whom, or on whose
behalf a status, privilege, or benefit is sought by virtue of the
relationship of the child to its natural mother;
(E) a child adopted while under the age of fourteen years if the
child has thereafter been in the legal custody of and has resided
with, the adopting parent or parents for at least two years:
Provided, That no natural parent of any such adopted child shall
thereafter, by virtue of such parentage, be accorded any right,
privilege, or status under this Act.
(F) a child [who is an eligible orphan, adopted abroad by a
United States citizen and spouse or coming to the United States
for adoption by a United States citizen and spouse] under the age
of fourteen at the time a petition is filed in his behalf to accord a
classification as an immediate relative under section ,201(b), who is
an orphan because of the death or disappearance of, abandonment
or desertion by, or separation or loss from, both parents, or for whom
the sole or surviving parent is incapable of roviding the proper
care which will be provided the child if admittedto the United States
and who has in writing irrevocably released the child for emigration
and adoption; who has been adopted abroad by a United States
citizen and his spouse who personally saw and observed the child
prior to or during the adoption proceedings; or who is coming to the
United States for adoption by a United States citizen and spouse who
have complied with the preadoption requirements, if any, of the child's
proposed residence: Provided, That no natural parent or prior
adoptive parent of any such child shall thereafter, by virtue of
such parentage be accorded any right, privilege, or status under
this Act.
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26 AMENDING THE IMMIGRATION AND NATIONALITY ACT
Title II, Chapter 1, Immigration andJNationality Act
CHAPTER 1-[QUOTA] SELECTION SYSTEM
NUMERICAL LIMITATIONS[; ANNUAL QUOTA BASED UPON NATIONAL
ORIGIN; MINIMUM QUOTAS]
SEC. 201. (a) [The annual quota of any quota area shall be one-sixth
of 1 per centum of the number of inhabitants in the continental
United States in 1920, which number, except for the purpose of
computing quotas for quota areas within the Asia-Pacific triangle,
shall be the same number heretofore determined under the provisions
of section 11 of the Immigration Act of 1924, attributable by national
origin to such quota area: Provided, That the quota existing for
Chinese.persons prior to the date of enactment of this Act shall be
continued, and, except as otherwise provided in section 202(e), the
minimum quota for any quota area shall be one hundred.
[(b) The determination of the annual quota of any quota area
shall be made by the Secretary of State, the Secretary of Commerce,
and the Attorney General, jointly. Such officials shall, jointly, report
to the President the quota of each quota area, and the President shall
proclaim and make known the quotas so reported. Such determina-
tion and report shall be made and such proclamation shall be issued
as soon as practicable after the date of enactment of this Act.
Quotas proclaimed therein shall take effect on the first day of the
fiscal year, or the next fiscal half year, next following the expiration
of six months after the date of the proclamation, and until such date
the existing quotas proclaimed under the Immigration Act of 1924
shall remain in effect. After the making of a proclamation under
this subsection the quotas proclaimed therein shall continue with the
same effect as if specifically stated herein and shall be final and con-
clusive for every purpose, except (1) insofar as it is made to appear
to the satisfaction of such officials and proclaimed by the President,
that an error of fact has occurred in such determination or in such
proclamation, or (2) in the case provided for in section 202(e).
[(c) There shall be issued to quota immigrants chargeable to any
quota (1) no more immigrant visas in any fiscal year than the quota
for such year, and (2) in any calendar month of any fiscal year, no
more immigrant visas than 10 per centum of the quota for such year;
except that during the last two months of any fiscal year immigrant
visas may be issued without regard to the 10 per centum limitation
contained herein.
[(d) Nothing in this Act shall prevent the issuance (without in-
creasing the total number of quota immigrant visas which may be
issued) of an immigrant visa to an immigrant as a quota immigrant
even though he is a nonquota immigrant.
[(e) The quota numbers available under the annual quotas of each
quota area proclaimed under this Act shall be reduced by the number
of quota numbers which have been ordered to be deducted from the
annual quotas authorized prior to the effective date of the annual
quotas proclaimed under this Act under-
[(1) section 19(c) of the Immigration Act of 1917, as amended;
E(2) the Displaced Persons Act of 1948, as amended; and
(3) any other Act of Congress enacted prior to the effective
date of the quotas proclaimed under this Act.]
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AMENDING THE IMMIGRATION AND NATIONALITY T
Exclusive of special immigrants defined in section 101(a) (27), and of the
immediate relatives of United States citizens specified in subsection (b)
of this section, the number of aliens who may be issued immigrant visas
or who may otherwise acquire the status of an alien lawfully admitted to
the United States for permanent residence or who may, pursuant to section
203(a) (7) enter conditionally, (i) shall not in any of the first three quarters
of any fiscal year exceed a total of 45,000 and (ii) shall not in ;any fiscal
year exceed a total oy 170,000.
(b) the "immediate relative" referred to in subsection (a) of this section
shall mean the children, spouses, and parents of a citizen of the United
States: Provided, that in the case of parents, such citizen must be at
least twenty-one years of age. The immediate relatives specified in this
subsection who are otherwise qualified for admission as immigrants shall
be admitted as such, without regard to the numerical limitations in this
Act.
(c) During the period from July 1, 1965, through June 30, 1968, the
annual quota of any quota area shall be the same as that which existed
for that area on June 30, 1965. The Secretary of State shall, not later
than on the sixtieth day immediately following the date of enactment of
this subsection and again on or before September 1, 1966, and Septem-
ber 1, 1967, determine and proclaim the amount of quota numbers which
remain unused at the end of the fiscal year ending on June 30, 1965,
June 30, 1966, and June 30, 1967, respectively, and are available for
distribution pursuant to subsection (d) of this section.
(d) Quota numbers not issued or otherwise used during the . previous
fiscal year, as determined in accordance with subsection (c) hereof, shall
be transferred to an immigration pool. Allocation of numbers from the
pool and from national quotas shall not together exceed in any fiscal year
the numerical limitations in subsection (a) of this section. The immi-
gration pool shall be made available to immigrants otherwise admissible
under the provisions of this Act who are unable to obtain prompt issuance
of a preference visa due to oversubscription of their quotas, or sub quotas
as determined by the Secretary of State. Visas and conditional entries
shall be allocated from the immigration pool within the percentage limita-
tions and in the order of priority specified in section 203 without regard
to the quota to which the alien is chargeable.
(e) The immigration pool and the quotas of quota areas shall ter-
minate June 30, 1968. Thereafter immigrants admissible under the
provisions of this Act who are subject to the numerical limitations of sub-
section (a) of this section shall be admitted in accordance with the per-
centage limitations and in the order of priority specified in section 203.
[DETERMINATION OF QUOTA TO WHICH AN IMMIGRANT IS CHARGEABLE]
NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE
SEC. 202.. (a) [Each independent country, self-governing domin-
ion, mandated territory, and territory under the international trustee-
ship system of the United Nations, other than the United States
and its outlying possessions and the countries specified in section
101(a)(27)(C), shall be treated as a separate quota area when ap-
proved by the Secretary of State. All other inhabited lands shall be
attributed to a quota area specified by the Secretary of State. For
the purposes of this Act, the annual quota to which an immigrant is
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28 AMENDING THE IMMIGRATION AND NATIONALITY ACT
chargeable shall be determined by birth within a quota area, except
that-
[(1) an alien child, when accompanied by his alien parent or
parents may be charged to the quota of the accompanying parent
or of either accompanying parent if such parent has received or
would be qualified for an immigrant visa, if necessary to prevent
the separation of the child from the accompanying parent or
parents, and if the quota to which such parent has been or would
be chargeable is not exhausted for that fiscal year;
[(2) if an alien is chargeable to a different quota from that of
his accompanying spouse, the quota to which such alien is charge-
able may, if necessary to prevent the separation of husband and
wife, be determined by the quota of the accompanying spouse,
is such spouse has received or would be qualified for an immigrant
visa and if the quota to which such spouse has been or would be
chargeable is not exhausted for that fiscal year;
[(3) an alien born in the United States shall be considered
as having been born in the country of which he is a citizen or
subject, or if he is not a citizen or subject of any country then
in the last foreign country in which he had his residence as de-
termined by the consular officer;
[(4) an alien born within any quota area in which neither of
his parents was born and in which neither of his parents had a
residence at the time of such alien's birth may be charged to the
quota area of either parent;
[(5) notwithstanding the provisions of paragraphs (2), (3),
and (4) of this subsection, any alien who is attributable by as
much as one-half of his ancestry to a people or peoples indigenous
to the Asia-Pacific triangle defined in subsection (b) of this sec-
tion, unless such alien is entitled to a non-quota immigrant
status under paragraph (27) (A), (27(B), (27) (D), (27) (E),
(27) (F), or (27) (G) of section 101(a) shall be chargeable to a
quota as specified in subsection (b) of this section: Provided,
That the child of an alien defined in section 101(x) (27) (C), if
accompanying or following to join him, shall be classified under
section 101(x) (27) (C), notwithstanding the provisions of sub-
section (b) of this section.
[(b) With reference to determination of the quota to which shall
be chargeable an immigrant who is attributable by as much as one-half
of his ancestry to a people or peoples indigenous to the Asia-Pacific
triangle comprising all quota areas and all colonies and other de-
pendent areas situate wholly east of the meridian sixty degrees east
of Greenwich, wholly west of the meridian one hundred and sixty-five
degrees west, and wholly north of the parallel twenty-five degrees
south latitude-
[(1) there is hereby established, in addition to quotas for sep-
arate quota areas comprising independent countries, self-govern-
ing dominions, and territories under the international trusteeship
system of the United Nations situate wholly within said Asia-
Pacific triangle, an Asia-Pacific quota of one hundred annually,
which quota shall not be subject to the provisions of subsection (0);
[(2) such immigrant born within a separate quota area situate
wholly within such Asia-Pacific triangle shall not be chargeable
to the Asia-Pacific quota, but shall be chargeable to the quota for
the separate quota area in which he was born;
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 Approve
[(3) such immigrant born within a colony or other dependent
area situate wholly within said Asia-Pacific triangle shall be
chargeable to the Asia-Pacific quota;
[(4) such immigrant born outside the Asia-Pacific triangle who
is attributable by as much as one-half of his ancestry to a people
or peoples indigenous to not more than one separate quota area,
situate wholly within the Asia-Pacific triangle, shall be chargeable
to the quota of that quota area;
[(5) such immigrant born outside the Asia-Pacific triangle who
is attributable by as much as one-half of his ancestry to a people
or peoples indigenous to one or more colonies or other dependent
areas situate wholly within the Asia-Pacific triangle, shall be
chargeable to the Asia-Pacific quota;
[(6) such immigrant born outside the Asia-Pacific triangle who
is attributable by as much as one-half of his ancestry to peoples
indigenous to two or more separate quota areas situate wholly
within the Asia-Pacific triangle, or to a, quota area or areas and
one or more colonies and other dependent areas situate wholly
therein, shall be chargeable to the Asia-Pacific quota.
[(c) Any immigrant born in a colony or other component or
dependent area of a governing country for which no separate or
specific quota has been established, unless a nonquota immigrant as
provided in section 101(a) (27) of this Act, shall be chargeable to the
quota of the governing country, except that (1) not more than one
hundred persons born in any one such colony or other component or
dependent area overseas from the governing country shall be charge-
able to the quota of its governing country in any one year, and. (2) any
such immigrant, if attributable by as much as one-half of his ancestry
to a people or peoples indigenous to the Asia-Pacific triangle, shall be
chargeable to a quota as provided in subsection (b) of this section.
[(d) The provision of an immigration quota for a quota area shall
not constitute recognition by the United States of the political transfer
of territory from one country to another, or recognition of a govern-
ment not recognized by the United States.
[(e) After the determination of quotas has been made as provided
in section 201, revision of the quotas shall be made by the Secretary
of State, the Secretary of Commerce, and the Attorney General,
jointly, whenever necessary, to provide for any change of boundaries
resulting in transfer of territory from one sovereignty to another, a
change of administrative arrangements of a colony or other dependent
area, or any other political change, requiring a change in the list of
quota areas or of the territorial limits thereof. In the case of any
change in the territorial limits of quota areas, not requiring a change
in the quotas for such areas, the Secretary of State shall, upon recogni-
tion of such change, issue appropriate instructions to all consular
offices concerning the change in the territorial limits of the quota
areas involved. Whenever one or more colonies or other component
or dependent areas overseas from the governing country, or one or
more quota areas have been subject to a change of administrative
arrangements, a change of boundaries, or any other political change,
the annual quota of the newly established quota area or the number
of visas authorized to be issued under section 202(c)(1), notwith-
standing any other provisions of this Act, shall not be less than the
sum total of quotas in effect or number of visas authorized for the
area immediately preceding the change of administrative arrange-
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AMENDING THE IMMIGRATION AND NATIONALITY ACT
ments, change of boundaries, or other political change.] No person
shall receive any preference or priority or be discriminated against in
the issuance of an immigrant visa because of his race, sex, nationality,
place of birth, or place of residence, except as specifically provided in
section 101 (a) (27), section 201(b), and section 203: Provided, That the
total number of immigrant visas and the number of conditional entries
made available to natives of any single foreign state under paragraphs (1)
through (8) of section 203(a) shall not exceed 20,000 in any fiscal year:
Provided further, That the foregoing proviso shall not operate to reduce
the number of immigrants who may be admitted under the quota of any
quota area before June 30, 1968.
(b) Each independent country, self-governing - dominion, mandated
territory, and territory under the international trusteeship system of. the
United Nations, other than the United States and its outlying possessions
shall be treated as a separate foreign state for the purposes of the numerical
limitation set forth in the proviso to subsection (a) of this section when
approved by the Secretary of State. All other inhabited lands shall be
attributed to a foreign state specified by the Secretary of State. For
the purposes of this Act the foreign state to which an immigrant is
chargeable shall be determined by birth within such foreign state except
that (1) an alien child, when accompanied by his alien parent or parents
may be charged to the same foreign state as the accompanying parent or
of either accompanying parent if such parent has received or would be
qualified for an immigrant visa, if necessary to prevent the separation
of the child from the accompanying parent or parents, and if the foreign
state to which such parent has been or would be chargeable has not exceeded
the numerical limitation set forth in the proviso to subsection (a) of this
section for that fiscal year; (2) if an alien is chargeable to a Afferent
foreign state from that of his accompanying spouse, the foreign state
to which such alien is char eable may, if necessary to prevent the sepa-
ration of husband and wiie, be determined by the foreign state of the
accompanying spouse, if such spouse has received or would be qualified
for an immigrant visa and if the foreign state to which such spouse has
been or would be chargeable has not exceeded the numerical limitation
set forth in the proviso to subsection (a) of this section for that fiscal
year; (3) an alien born in the United States shall be considered as
having been born in the country of which he is a citizen or subject, or if
he is not a citizen or subject of any country then in the last foreign
country in which he had his residence as determined by the consular
officer; (4) an alien born within any foreign state in which neither of
his parents was born and in which neither of his parents had a residence
at the time of such alien's birth may be charged to the foreign state of
either parent.
(c) Any immigrant born in a colony or other component or dependent
area of a foreign state unless a special immigrant as provided in section
101(a) (27) or an immediate relative of a United States citizen as specified
in section 201(b), shall be chargeable, for the purpose of limitation set
forth in section 202(a), to the foreign state, except that the number of
persons born in any such colony or other component or dependent area
overseas from the foreign state chargeable to the foreign state in any one
fiscal year shall not exceed 1 per centum of the maximum number of
immigrant visas available to such foreign state.
(d) In the case of any change in the territorial limits of foreign states,
the Secretary of State shall, upon recognition of such change, issue
appropriate instructions to all diplomatic and consular offices.
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AMENDING THE IMMIGRATION AND NATIONALITY ACT _J I
ALLOCATION or IMMIGRANT VISAS [WITHIN QUOTAS]
SEC. 203. (a) [Immigrant visas to quota immigrants shall be
allotted in each fiscal year as follows:
[(1) The first 50 per contum of the quota of each quota area for
such year, plus any portion of such quota not required for the issuance
of immigrant visas to the classes specified in paragraphs (2) and (3),
shall be made available for the issuance of immigrant visas (A) to
qualified quota immigrants whose services are determined by the
Attorney General to be needed urgently in the United States because
of the high education, technical training, specialized experience, or
exceptional ability of such immigrants and to be substantially bene-
ficial prospectively to the national economy, cultural interests, or
welfare of the United States, and (B) to qualified quota immigrants
who are the spouse or children of any immigrant described in clause
(A) if accompanying or following to join him.
[(2) The next 30 per centum of the quota for each quota area for
such year, plus any portion of such quota not required for the issuance
of immigrant visas to the classes specified in paragraphs (1) and (3),
shall be made available for the issuance of immigrant visas to qualified
quota immigrants who are the parents of citizens of the United States,
such citizens being at least twenty-one years of age or who are the
unmarried sons or daughters of citizens of the United States.
[(3) The remaining 20 per centum of the quota for each quota
area for such year, plus any portion of such quota not required for
the issuance of immigrant visas to the classes specified in paragraphs
(1) and (2), shall be made available for the, issuance of immigrant
visas to qualified quota immigrants who are the spouses or the un-
married sons or daughters of aliens lawfully admitted for permanent
residence:
[(4) Any portion of the quota for each quota area for such year
not required for the issuance of immigrant visas to the classes specified
in paragraphs (1), (2), and (3) shall be made available for the issuance
of immigrant visas to other qualified quota immigrants chargeable
to such quota. qualified quota immigrants of each quota area who
are the brothers, sisters, married sons or married daughters of citizens
of the United States shall be entitled to a preference of not exceeding
50 per centum of the immigrant visas available for issuance for each
quota area under this paragraph, and such preference shall be available
to the spouses and children of such qualified quota immigrants if
accompanying them.
[(b) Quota immigrant visas issued pursuant to paragraph (1) of
subsection (a) shall, in the case of each quota area, be issued to
eligible quota immigrants in the order in which a petition on behalf
of each such immigrant is filed with the Attorney General as provided
in section 204; and shall be issued in the first calendar month after
receipt of notice of approval of such petition in which a quota number
is available for an immigrant chargeable to such quota area.
[(c) Quota immigrant visas issued to aliens in the classes designated
in paragraphs (2), (3), and (4) of subsection (a) shall, in the case of
each quota, be issued to qualified quota immigrants strictly in the
chronological order in which such immigrants are registered in each
class on quota waiting lists which shall be maintained for each quota
in accordance with regulations prescribed by the Secretary of State.
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 App-over 2 / A ~ I @A ,7p00446R000100030002-6 ACT
[(d) In determining the order for consideration of applications for
quota immigrant visas under subsection (a), consideration shall be
given first to applications under paragraph (1), second to applications
under paragraph (2), third to appropriations under paragraph (3), and
fourth to applications under paragraph (4).
[(e) Every immigrant shall be presumed to be a quota immigrant
until he establishes to the satisfaction of the consular officer, at the
time of application for a visa, and to the immigration officers, at the
time of application for admission, that he is a nonquota immigrant.
Every quota immigrant shall be presumed to be a nonpreference
quota immigrant until he establishes to the satisfaction of the con-
sular officer and the immigration officers that he is entitled to a prefer-
ence quota status under paragraph (1), (2), or (3) of subsection (a)
or to a preference under paragraph (4) of such subsection.] Aliens
who are subject to the numerical limitations specified in section 201 (a)
shall be alloted visas or their conditional entry authorized, as the case
may be, as follows:
(1) Visas shall be first made available, in a number not to exceed 20
per centum of the number specified in section 201(a)(ii), to qualified
immigrants who are the unmarried sons or daughters of citizens of the
Ijnited States.
(2) Visas shall next be made available, in a number not to exceed 20
per centum of the number specified in section 201(a) (ii), plus any visas
not required for the classes specified in paragraph (1), to qualified immi-
grants who are the spouses, unmarried sons or unmarried daughters of
an alien lawfully admitted for permanent residence.
(8) Visas shall next be made available, in a number not to exceed 10
per centum of the number specified in section 201(a) (ii), to qualified
immigrants who are members of the professions, or who because of their
exceptional ability in the sciences or the arts, will substantially benefit
prospectively the national economy, cultural interests, or welfare of the
United States.
(4) Visas shall next be made available, in a number not to exceed 10
per centum, of the number specified in section 201(a)(ii), plus any visas
not required for the classes specified in paragraphs (1) through (8), to
qualified immigrants who are the married sons or the married daughters
of citizens of the United States.
(5) Visas shall next be made available, in a number not to exceed 24
per centum of the number specified in section 201(a)(ii), plus any visas
not required for the classes specified in paragraphs (1) through (4), to
qualified immigrants who are the brothers or sisters of citizens of the
United States.
(6) Visas shall next be made available, in a number not to exceed 10
per centum of the number specified in section 201(a)(ii), to qualified
immigrants who are capable of performing specified skilled or unskilled
labor, not of a temporary or seasonal nature, for which a shortage of
employable and willing persons exists in the United States.
(7) Conditional entries shall next be made available by the Attorney
General, pursuant to such regulations as he may prescribe and in a
number not to exceed 6 per centum of the number specified in section
201(a) (ii), to aliens who satisfy an Immigration and Naturalization
Service officer at an examination in any non-Communist or non-Commu-
nist-dominated country, (i) that, because of persecution or fear of perse-
cution on account of race, religion or political opinion they have fled
(A) from any Communist or Communist-dominated country or area, or
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AMENDING THE IMMIGRATION AND NATIONALITY ACT 33
(B) from any country within the general area of the Middle East, and
(ii) are unable or unwilling to return to such country or area on account
of race, religion, or political opinion, and (iii) are not nationals of the
countries or areas in which their application for conditional entry is
made. For the purpose of the foregoing the term "general area of the
Middle East" means the area between and including (1) Libya on the
west, (2) Turkey on the north, (3) Pakistan on the east, and (4) Saudi
Arabia and Ethiopia on the south: Provided, That immigrant visas in a
number not exceeding one-half the number specified in this paragraph
may be made available, in lieu of conditional entries of a like number,
to such aliens who have been continuously physically present in the United
States for a period of at least two years prior to application for adjust-
ment of status.
(8) Visas authorized in any fiscal year, less those required for issuance
to the classes specified in paragraphs (1) through (6) and less the number
of conditional entries and visas made available pursuant to paragraph (7),
shall be made available to other qualified immigrants strictly in the chron-
ological order in which they qualify. YVaiting lists of applicants shall be
maintained in accordance with regulations prescribed by the Secretary of
State. No immigrant visa shall be issued to a nonpreference immigrant
under this paragraph, or to an immigrant with a preference under para-
graph (3) or (6) of this subsection, until the consular officer is in receipt
of a determination made by the Secretary of Labor pursuant to the provi-
sions of section 212(a) (14).
(9) A spouse or child as defined in section 101 (b) (1) (A), (B), (C), (D),
or (E) shall, if not otherwise entitled to an immigrant status and the imme-
diate issuance of a visa or to conditional entry under paragraphs (1)
through (8), be entitled to the same status, and the same order of con-
sideration provided in subsection (b), if accompanying, or following to
join, his spouse or parent.
(b) In considering applications for immigrant visas under subsection
(a) consideration shall be given to applicants in the order in which the
classes of which they are members are listed in subsection (a).
(c) Immigrant visas issued pursuant to paragraphs (1) through (6) of
subsection (a) shall be issued to eligible immigrants in the order in which
a petition in behalf of each such immigrant is filed with the Attorney
General as provided in section 204.
(d) Every immigrant shall be presumed to be a nonpreference immi-
grant until he establishes to the satisfaction of the consular officer and the
immigration officer that he is entitled to a preference status under para-
graphs (1) through (6) of subsection (a), or to a special immigrant status
under section 101(a) (27), or that he is an immediate relative of a United
States citizen as specified in section 201(b) . In the case of any alien
claiming in his application for an immigrant visa to be an immediate
relative of a United States citizen as specified in section 201 (b) or to be
entitled to preference immigrant status under paragraphs (1) through (6)
of subsection (a), the consular officer shall not grant such status until he
has been authorized to do so as provided by section 204.
(e) For the purposes of carrying out his responsibilities in the orderly
administration of this section, the Secretary of State is authorized to
make reasonable estimates of the anticipated numbers of visas to be issued
during any quarter of any fiscal year within each of the categories of
subsection (a), and to rely upon such estimates in authorizing the issuance
of such visas. The Secretary of State, in his discretion, may terminate
the registration on a waiting list of any alien who fails to evidence his
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4 AMENDING THE IMMIGRATION AND NATIONALITY ACT
continued intention to apply for a visa in such manner as may be by
regulation prescribed.
(f) The Attorney General shall submit. to the Congress a report con-
taining complete and detailed statement of facts in the case of each alien
who conditionally entered the United States pursuant to subsection (a)(7)
of this section.. Such reports shall be submitted on or before January 15
and June 15 of each year.
(g) Any alien who conditionally entered the United States as a refugee,
pursuant to subsection (a)(7) of this section, whose conditional entry has
not been terminated by the Attorney General pursuant to such regulations
as he may prescribe, who has been in the United States for at least two
years, and who has not acquired permanent residence, shall forthwith
return or be returned to the custody of the Immigration and Naturalization
Service and shall thereupon be inspected and examined for admission
into the United States, and his case dealt with in accordance with the
provisions of sections 235, 236, and 237 of this Act.
(h) Any alien who, pursuant to subsection (g) of this section, is found,
upon inspection by the immigration officer or after hearing before a special
inquiry officer, to be admissible as an immigrant under this Act at the time
of his inspection and examination, except for the fact that he was not and
is not in possession of the documents required by section P12(a)(20),
shall be regarded as lawfully admitted to the United States for permanent
residence as of the date of his arrival.
PROCEDURE FOR GRANTING IMMIGRANT STATUS [UNDER SECTION
101 (a) (27) (F) (1) OR SECTION 203 (a) (1) (A) ]
SEC. 204. (a) [In the case of any alien claiming in his application
for an immigrant visa to be entitled to an immigrant status under
section 101 (a) (27) (F) (i) or section 203(a) (1) (A), the consular officer
shall not grant such status until he has been authorized to do so as
provided in this section.
[(b) Any person, institution, firm, organization, or governmental
agency desiring to have an alien classified as an immigrant under
section 101 (a) (27) (F) (i) or section 203 (a) (1) (A) shall file a petition
with the Attorney General for such classification of the alien. The
petition shall be in such form as the Attorney General may by regula-
tions prescribe and shall state the basis for the need of the services
of such alien and contain such additional information and be sup-
ported by such documentary evidence as may be required by the
Attorney General. The petition shall be made under oath admin-
istered by any individual having authority to administer oaths, if
executed in the United States, but, if executed outside the United
States, administered by a consular officer.
[(c) After an investigation of the facts in each case, and after
consultation with appropriate agencies of the Government, the
Attorney General shall, if he determines that the facts stated inIthe
petition are true and that the alien in respect of whom the petition is
made is eligiblefor an immigrant status under section 101 (a) (27) (F) (i)
or section 203(a)(1)(A), approve the petition and forward one copy
thereof to the Department of State. The Secretary of State shall then
authorize the consular officer concerned to grant such immigrant
status. The Attorney General shall forward to the Congress a report
on each approved petition for immigrant status under section 203 (a) (1)
stating the basis for his approval and such facts as were by him
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AMENDING THE IMMIGRATION A
deemed to be pertinent in establishing the beneficiary's qualifications
for the preferential status and for the petitioner's urgent need for his
services. Such reports shall be submitted to the Congress on the first
and fifteenth day of each calendar month in which the Congress is in
session.
[(d) Nothing in this section shall be construed to entitle an im-
migrant, in respect of whom a petition under this section is ap-
proved, to enter the United States as an immigrant under section
101(a) (27) (F) (i) or section 203 (a) (1) (A.) if upon his arrival at a
port of entry in the United States he is found not to be entitled to
such classification.] Any citizen of the United States claiming that
an alien is entitled to a preference status by reason of the relationships
described in paragraphs (1), (4), or (5) of section 203(a), or to an imme-
diate relative status under section 201 (b), or any alien lawfully admitted
for permanent residence claiming that an alien is entitled to a preference
status by reason of the relationship described in section 203(a)(2), or
any alien desiring to. be classified as a preference immigrant under
section 203(a) (3) (or any person on behalf of such an alien), or any
person desiring and intending to employ within the United States an
alien entitled to classification as a preference immigrant under section
203(a) (6), may file a petition with the Attorney General for such classifi-
cation. The petition shall be in such form as the Attorney General
may by regulations prescribe and shall contain such information and
be supported by such documentary evidence as the Attorney General
may require. The petition shall be made under oath administered by
any individual having authority to administer oaths, if executed in the
United States, but, if executed outside the United States, administered
by a consular officer.
(b) After an investigation of the facts in each case, and after consulta-
tion with the Secretary of Labor with respect to petititions to accord a
status under section 230(a)(3) or (6), the Attorney General shall, if he
determines that the facts stated in the petition are true and that the alien in
behalf of whom the petition is made is an immediate relative specified in
section 201 (b) or is eligible for a preference status under section 230(a),
approve the petitition and forward one copy thereof to the Department of
State. The Secretary of State shall then authorize the consular officer
concerned to grant the preference status.
(c) Notwithstanding the provisions of subsection (b) no more than two
petitions may be approved for one petitioner in behalf of a child as defined
in section 101 (b) (1) (E) or (F) unless necessary to prevent the separation
of brothers and sisters and no petition shall be approved if the alien has
previously been accorded a nonquota or preference status as the spouse of
a citizen of the United States or the spouse of an alien lawfully admitted
for permanent residence, by reason of a marriage determined by the
Attorney General to have been entered into for the purpose of evading the
immigration laws.
(d) The Attorney General shall forward to the Congress a report on
each approved petition for immigrant status under sections 203(a) (3) or
203(a) (6) stating the basis for his approved and such facts as were by
him deemed to be pertinent in establishing the beneficiary's qualifications
for the preferential status. Such reports shall be submitted to the Con-
gress on the first and fifteenth day of each calendar month in which the
Congress is in session.
(e) Nothing in this section shall be construed to entitle an immigrant,
in behalf of whom, a petition under this section is approved, to enter the
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36 AMENDING THE IMMIGRATION AND NATIONALITY ACT
United States as a preference immigrant under section 203 (a) or as an
immediate relative under section 201 (b) if upon his arrival at a port of
entry in the United States he is found not to be entitled to such
classification.
[PROCEDURE FOR GRANTING NONQUOTA STATUS OR PREFERENCE BY
REASON OF RELATIONSHIP]
[SEC. 205. (a) In the case of any alien claiming in his application
for an immigrant visa to be entitled to a nonquota immigrant status
under section 101 (a) (27) (A), or to a quota immigrant status under
section 203 (a) (2) or 203 (a) (3), or to a preference under section 203(a)
(4), the consular officer shall not grant such status or preference until
he has been authorized to do so as provided in this section.
[(b) Any citizen of the United States claiming that any immigrant
is his spouse or child and that such immigrant is entitled to a non-
quota immigrant status under section 101 (a) (27) (A), or any citizen
of the United States claiming that any immigrant is his parent or un-
married son or unmarried daughter and that such immigrant is
entitled to a quota immigrant status under section 203 (a) (2), or any
alien lawfully admitted for permanent residence claiming that any
immigrant is his spouse or his unmarried son or his unmarried daughter
and that such immigrant is entitled to a quota immigrant status
under section 203 (a) (3), or any citizen of. the United States claiming
that any immigrant is his brother or sister or his married son or his
married daughter and that such immigrant is entitled to a preference
under section 203 (a) (4) may file a petition with the Attorney General.
No petition for quota immigrant status or a preference in behalf of
a son or daughter under paragraph (2), (3), or (4) of section 203(a)
of the Immigration and Nationality Act shall be approved by the
Attorney General unless the petitioner establishes that he is a parent
as defined in section 101(b) (2) of the Immigration and Nationality
Act of the alien in respect to whom the petition is made, except that
no such petition shall be approved if the beneficiary thereof is an
alien defined in section 101(b) (1) (F). No petition for nonquota
immigrant status in behalf of a child as defined in section 101 (b) (1) (F)
shall be approved by the Attorney General unless the petitioner
establishes to the satisfaction of the Attorney General that the pe-
titioner and spouse will care for such child properly if he is admitted
to the United States, and (i) in the case of a child adopted abroad,
that the petitioner and spouse personally saw and observed the
child prior to or during the adoption proceedings, and (ii) in the
case of a child coming to the United States for adoption, that the
petitioner and spouse have complied with the preadoption require-
ments, if any, of the State of such child's proposed residence. The
petition shall be in such form and shall contain such information and
be supported by such documentary evidence as the Attorney General
may by regulations prescribe. The petition shall be made under
oath administered by any individual having authority to administer
oaths, if executed in the United States, but, if executed outside, the
United States, administered by an immigration officer or a consular
officer.
[(c) After an investigation of the facts in each case the Attorney
General shall, if he determines the facts stated in the petition are true
and that the alien in respect of whom the petition is made is eligible
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AMENDING THE IMMIGRATION AND NATIONALITY ACT 37
for a nonquota immigrant status under section 101(a) (27) (A), or for
a quota immigrant status under section 203(a)(2) or 203(a)(3), or
for a preference under section 203(a)(4), approve the petition and
forward one copy thereof to the Department of State. Not more
than two such petitions may be approved for one petitioner in behalf
of a child as defined in section 101(b) (1) (E) or (F), unless necessary
to prevent the separation of brothers and sisters. The Secretary of
State shall then authorize the consular officer concerned to grant the
nonquota immigrant status, quota immigrant status, or preference,
as the case may be. Notwithstanding the provisions of this sub-
section, no petition shall be approved if the alien previously has been
accorded, by reason of marriage determined by the Attorney General
to have been entered into for the purpose of evading the immigration
laws-
[(1) a nonquota status under section 101(a) (27) (A) as the
spouse of a citizen of the United States, or
[(2) a preference quota status under section 203(a)(3) as the
spouse of an alien lawfully admitted for permanent residence.
[(d) Nothing in this section shall be construed to entitle an immi-
grant, in respect of whom a petition under this section is approved,
to enter the United States as a nonquota immigrant under section
101 (a) (27) (A) if upon his arrival at a port of entry in the United
States he is found not to be entitled to such classification, or to enter
the United States as a quota immigrant under section 203(a)(2)
or 203(a)(3) if upon his arrival at a port of entry in the United
States he is found not to be entitled to such classification, or to enter
the United States as a preference quota immigrant under section
203 (a) (4) if upon his arrival at a port of entry in the United States
he is found not to be entitled to such preference.]
[SEc. 206.] SEC. 205. The Attorney General may, at any time, for
what he deems to be good and sufficient cause, revoke the approval
of any petition approved by him under section 204 [, section 205, or
section 214(c) of this title]. Such revocation shall be effective as of
the date of approval of any such petition. In no case, however, shall
such revocation have effect unless there is mailed to the petitioner's
last known address a notice of the revocation and unless notice of the
revocation is communicated through the Secretary of State to the
beneficiary of the petition before such beneficiary commences his
journey to the United States. If notice of revocation is not so given,
and the beneficiary applies for admission to the United States, his
admissibility shall be determined in the manner provided for by sec-
tions 235 and 236.
UNUSED [QUOTA] IMMIGRANT VISAS
[SEc. 207.] SEc. 206. If [a quota] an immigrant having an immi-
grant visa is excluded from admission to the United States and de-
ported, or does not apply for admission [to the United States] before
the expiration of the validity of [the immigrant] his visa, or if an
alien having an immigrant visa issued to him as a [quota] preference
immigrant is found not to be a [quota] preference immigrant, [no
immigrant visa shall be issued in lieu. thereof to any other immigrant]
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38 AMENDING THE IMMIGRATION AND NATIONALITY ACT
an immigrant visa or a preference immigrant visa, as the case may be,
may be issued in lieu thereof to another qualified alien.
Section 211 of the Immigration and Nationality Act
SEc. 211. (a) Except as provided in subsection (b) [No] no. immi-
grant shall be admitted into the United States unless at the time of
application for admission he (1) has a valid unex fired immigrant visa
or was born subsequent to the issuance of such immigrant] visa to
the accompanying parent, and (2) [is properly chargeable to the quota
specified in the immigrant visa, (3) is a nonquota immigrant if specified
as such in the immigrant visa, (4) is of the proper status under the
quota specified in the immigrant visa, and (5) is otherwise admissible
under this Act.] presents a valid unexpired passport or other suitable
travel document, or document of identify and nationality, if such docu-
ment is required under the regulations issued by the Attorney General.
With respect to immigrants to be admitted under quotas of quota areas
prior to June 30, 1968, no immigrant visa shall be deemed valid unless
the immigrant is properly chargeable to the quota area under the quota
of which the visa is issued.
(b) Notwithstanding the provisions of section 212(a)(20) of this
act [,] in such cases or in such classes of cases and under such condi-
tions as may be by regulations prescribed, [otherwise admissible
aliens lawfully admitted for permanent residence who depart from
the United States temporarily] returning resident immigrants, defined
in section 101(a) (p7) (B), who are otherwise admissible may be read-
mitted to the United States by the Attorney General in his discretion
without being required to obtain a passport, immigrant visa, reentry
permit or other documentation.
[(c) The Attorney General may in his discretion, subject to
subsection (d), admit to the United States any otherwise admissible
immigrant not admissible under clause (2), (3), or (4) of subsection
(a), if satisfied that such inadmissibility was not known to and could
not have been ascertained by the exercise of reasonable diligence by,
such immigrant prior to the departure of the vessel or aircraft from
the last port outside the United States and outside foreign contiguous
territory, or, in the case of an immigrant coming from foreign con-
tiguous territory, prior to the application of the immigrant for
admission.
(d) No quota immigrant within clause (2) or (3) of subsection (a)
sha 1 be admitted under subsection (c) if the entire number of immi-
grant visas which may be issued to quota immigrants under the
same quota for the fiscal year, or the next fiscal year, has already been
issued. If such entire number of immigrant visas has not been
issued, the Secretary of State, upon notification by the Attorney
General of the admission under subsection (c) of a quota immigrant
within clause (2) or (3) of subsection (a), shall reduce by one the
number of immigrant visas which may be issued to quota immigrants
under the same quota during the fiscal year in which such immigrant
is admitted, or, if the entire number of immigrant visas which may be
issued to quota immigrants under the same quota for the fiscal year
has been issued, then during the next following fiscal year.
(e) Every alien making application for admission as an immigrant
sha 1 present a valid unexpired passport, or other suitable travel
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AMENDING THE IMMIGRATION AND NATIONALITY ACT
document, or document of identity and nationality, if such document
is required under the regulations issued by the Attorney General.]
Paragraphs (1), (4), (14), (20), (21), and (24) of Section 212(a) of the
Immigration and Nationality Act
SE c. 212(a) Except as otherwise provided in this Act, the following
classes of aliens shall be ineligible to receive visas and shall be excluded
from admission into the United States :
(1) Aliens who are [feeble-minded] mentally retarded;
(4) Aliens afflicted with psychopathic personality, [epilepsy] or
sexual deviation, or a mental defect;
(14) Aliens seeking to enter the United States for the purpose of
performing skilled or unskilled labor, [if] unless the Secretary of Labor
has determined and certified to the Secretary of State and to the
Attorney General that (A) there are not sufficient workers in the
United States who are able, willing, [ands qualified, [arej and
available at the time [(] of application for a visa and [for] admission
to the United States [)] and at the place [(] to which the alien is
destined [) ] to perform such skilled or unskilled labor, [or] and (B)
the employment of such aliens will not adversely affect the wages and
working conditions of the workers in the United States similarly
employed. The exclusion of aliens under this paragraph shall apply
[only to the following classes: (i) those aliens described in the non-
preference category of section 203(a)(4), (ii) those aliens described in
section 101(a) (27) (C), (27) (D), or (27) (E) (other than the parents,
spouses, or children of United States citizens or of aliens lawfully
admitted to the United States for permanent residence), unless their
services are determined by the Attorney General to be needed urgently
in the United States because of the high education, technical training,
specialized experience, or exceptional ability of such immigrants and
to be substantially beneficial prospectively to the national economy,
cultural interest or welfare of the United States ?] to special immigrants
defined in section 101 (a) (27) (A) (other than the parents, spouses, or
children of United States citizens or of aliens lawfully admitted to the
United States for permanent residence), to preference immigrant aliens
described in section 203(a) (8) and (6), and to nonpreference immigrant
aliens described in section 203(a) (8);
(20) Except as otherwise specifically provided in this Act, any immi-
grant who at the time of application for admission is not in posses-
sion of a valid unexpired immigrant visa, reentry permit, border
crossing identification card, or other valid entry document required
by this Act, and a valid unexpired passport, or other suitable travel
document, or document of identity and natioality, if such document
is required under the regulations issued by the Attorney General
pursuant to section 211 [(e) ] (a);
* * * * * * *
(21) Except as otherwise specifically provided in this Act, any
[quota] immigrant at the time of application for admission whose
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40 AMENDING THE IMMIGRATION AND NATIONALITY ACT
visa has been issued without compliance with the provisions of
section 203;
(24) Aliens [(other than those aliens who are native-born citizens
of countries enumeratedin section 101 (a) (27) (C) and aliens described
in section 101 (a) (27 (B)) ] other than aliens described in section
101(a) (27) (A) and (B) who seek admission from foreign contiguous
territory or adjacent islands, having arrived there on a vessel or air-
craft of a nonsignatory line, or if signatory, a noncomplying trans-
portation line under section 238(a) and who have not resided for at
least two years subsequent to such arrival in such territory or adjacent
islands;
Section 221(a) of the Immigration and Nationality Act
SEc. 221. (a) Under the conditions hereinafter prescribed and
subject to the limitations prescribed in this Act or regulations issued
thereunder, a consular officer may issue (1) to an immigrant who
has made proper application therefor, an immigrant visa which
shall consist of one copy of the application provided for in section
222, visaed by such consular officer, and shall specify the quota, if
any, to which the immigrant is charged, the immigrant's particular
status under such quota, [the particular non-qouta category in which
the immigrant is classified, if a non-quota immigrant,] the preference,
non-preference, immediate relative, or special immigration classification
to which the alien is charged the date on which the validity of the visa
shall expire, and such additional information as may be required;
and (2) to a nonimmigrant who has made proper application therefor,
a nonimmigrant visa, which shall specify the classification under
section 101(a) (15) of the nonimmigrant, the period during which the
nonimmigrant visa shall be valid, and such additional information
as may be required.
Section 221(c) of the Immigration and Nationality Act
(e) An immigrant visa shall be valid for such period, not exceeding
four months, as shall be by regulations prescribed, except that any
visa issued to a child lawfully adopted by a United States citizen and
spouse while such citizen is serving abroad in the United States Armed
Forces, or is employed abroad by the United States Government, or
is temporarily abroad on business, shall be valid until such time, for
a period not to exceed three years, as the adoptive citizen parent
returns to the United States in due course of his service, employment,
or business.33 A nonimmigrant visa shall be valid for such periods as
shall be by regulations prescribed. In prescribing the period of
validity of a nonimmigrant visa in the case of nationals of any foreign
country who are eligible for such visas, the Secretary of State shall,
insofar as practicable, accord to such nationals the same treatment
upon a reciprocal basis as such foreign country accords to nationals
of the United States who are within a similar class. An immigrant
visa may be replaced under the original [quota] number during the
[quota] year in which the original visa was issued for [a quota]
an immigrant who establishes to the satisfaction of the consular
officer that he was unable to use the original immigrant visa during
the period of its validity because of reasons beyond his control and
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AMENDING THE IMMIGRATION AND NATIONALITY ACT 41
for which he was not responsible: Provided, the consular officer is in
possession of the duplicate signed copy of the original visa, the
immigrant is found by the consular officer to be eligible for an immi-
grant visa and the immigrant pays again the statutory fees for an
application and an immigrant visa.
Section 221(g) of the Immigration and Nationality Act
(g) No visa or other documentation shall be issued to an alien if
(1) it appears to the consular officer, from statements in the applica-
tion, or in the papers submitted therewith, that such alien is in-
eligible to receive a visa or such other documentation under section
212, or any other provision of law, (2) the application fails to comply
with the provisions of this Act, or the regulations issued thereunder,
or (3) the consular officer knows or has reason to believe that such
alien is ineligible to receive a visa or such other documentation
under section 212, or any other provision of law: Provided, That a
visa or other documentation may be issued to an alien who is within
the purview of section 212(a)(7), or section 212(a)(15), if such alien
is otherwise entitled to recieve a visa or other documentation, upon
receipt of notice by the consular officer from the Attorney General
of the giving of a bond or undertaking providing indemnity as in the
case of aliens admitted under section 213[.]: Provided further, That
a visa may be issued to an alien defined in section 101(a) (15) (B) or (F),
if such alien is otherwise entitled to receive a visa, upon receipt of a notice
by the consular officer from the Attorney General or to giving of a bond
with sufficient surety in such sum and containing such conditions as the
consular officer shall prescribe, to insure that at the expiration of the time
for which such alien has been admitted by the Attorney General, as pro-
vided in section 214(a), or upon failure to maintain the status under
which he was admitted, or to maintain any status subsequently acquired
under section 248 of the Act, such alien will depart from the United
States.
Section 222(a) of the Immigration and Nationality Act
SEC. 222. (a) Every alien applying for an immigrant visa and for
alien registration shall make application therefor in such form and
manner and at such place as shall be by regulations prescribed. In
the application the immigrant shall state his full and true name, and
any other name which he has used or by which he has been known; age
and sex; the date and place of his birth; present address and places of
previous residence; whether married or single, and the names and
places of residence of spouse and children, if any; calling or occupation;
personal description (including height, complexion, color of hair and
eyes, and marks of identification) ; languages he can speak, read, or
write; names and addresses of parents, and if neither parent living, then
the name and address of his next of kin in the country from which he
comes; port of entry into the United States; final destination, if any,
beyond the port of entry; whether he has a ticket through to such final
destination; whether going to join a relative or friend, and, if so, the
name and complete address of such relative or friend; the purpose for
which he is going to the United States; the length of time he intends to
remain in the United States; whether or not he intends to remain in the
United States permanently; whether he was ever arrested, convicted
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THE IMMIGRATION AND NATI
A
ON
LITY ACT
or was ever in prison or almshouse; whether he has ever been the bene-
ficiary of a pardon or an amnesty; whether he has ever been treated in
an institution or hospital or other place of insanity or other mental
disease; if he claims to be [a preference quota or a nonquota immi-
grant] an immediate relative within the meaning of section 201(b) or a
preference or special immigrant, the facts on which he bases such claim;
whether or not he is a member of any class of individuals excluded
from admission into the United States, or whether he claims to be
exempt from exclusion under the immigration laws; and such addi-
tional information necessary to the identification of the applicant and
the enforcement of the immigration and nationality laws as may be by
regulations prescribed.
Section 224 of the Immigration and Nationality Act
[NONQUOTA] IMMEDIATE RELATIVE AND SPECIAL IMMIGRANT VISAS
SEC. 224. A consular officer, may, subject to the limitations pro-
videdin [sections 204, 205, and 221] section 221, issue an immigrant
visa to a [nonquota] special immigrant or immediate relative as such
upon satisfactory proof, under regulations prescribed under this Act,
that the applicant is entitled to [a nonquota] special immigrant
or immediate relative status. In the event that the number of immigrants
admitted pursuant to the provisions of section 101(a) (27) (A) in any one
fiscal year exceed by 10 per centum or more the average number of immi-
grants admitted from the Western Hemisphere in the previous five fiscal
years, the President shall so notify the Congress by January 15 of he
following year with such recommendations as he may have, if any.
Section 241(a)(10) of the Immigration and Nationality Act
SEC.241(a). Any alien in the United States (including an alien
crewman) shall, upon the order of the Attorney General, be deported
`rho-
* * * * * *
(10) entered the United States from foreign contiguous territory
or adjacent islands, having arrived there on a vessel or aircraft of
a nonsignatory transportation company under section 238(a) and
was without the required period of stay in such foreign contig-
uous territory or adjacent islands following such arrival (other
than an alien who is a nativeborn citizen of any of the countries
enumerated in section 101(a)(27) [(C)] (A) and an alien de-
scribed in section 101 (a) (27) (B)) ;
Section 243(h) of the Immigration and Nationality Act
SEc. 243. * * *
(h) The Attorney General is authorized to withhold deportation of
any alien within the United States to any country in which in his
opinion the alien would be subject to [physical] persecution and for
such period of time as he deems to be necessary for such reason.
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 Approved F -6
Section 244(d) of the Immigration and Nationality Act
SEC. 244. (d) Upon the cancellation of deportation in the case of
any alien under this section, the Attorney General shall record the
alien's lawful admission for permanent residence as of the date the
cancellation of deportation of such alien is made, and unless the alien
is entitled to a special immigrant classification under section
101(a)(27)(A), or is an immediate relative within the meaning of section
201(b), the Secretary of State shall [, if the alien was classifiable as
a quota immigrant at the time of entry and was not charged to the
appropriate quota,] reduce by one the [quota of the quota to which
the alien is chargeable under section 202 for the fiscal year then current
at the time of cancellation or the next following year in which a quota
is available. No quota shall be so reduced by more than 50 per
centum in any fiscal year.] number of non preference immigrant visas
authorized to be issued under section 203(a)(8) for the fiscal year then
current.
Section 245 (b) and (c) of the Immigration and Nationality Act
SEc. 245. * * *
(b) Upon the approval of an application for adjustment made
under subsection (a), the Attorney General shall record the alien's
lawful admission for permanent residence as of the date the order of
the Attorney General approving the application for the adjustment of
status is made, and the Secretary of State shall reduce by one the
[quota of the quota area to which the alien is chargeable under
section 202 for the fiscal year current at the time such adjustment is
made.] number of the preference or nonpreference visas authorized to
be issued under section 203(a) within the class to which the alien is
chargeable, for the fiscal year then current.
(c) The provisions of this section shall not be applicable to any
alien who is [a native of any country contiguous to the United
States or of any adjacent island named in section 101(b)(5).] of the
class described in section 101(a) (27) (A).
Section 272(a) of the Immigration and Nationality Act
SEC. 272. (a) Any person who shall bring to the United States an
alien (other than an alien crewman) who is (1) [feeble-minded]
mentally retarded, (2) insane, [(3) an epileptic, (4)] (3) afflicted with
psychopathic personality, or with sexual deviation, [(5)] (lf) a chronic
alcoholic, [(6)] (5) afflicted with [tuberculosis in any form, (7)
afflicted with leprosy or] any dangerous contagious disease, or [(8)]
(6) a narcotic drug addict, shall pay to the collector of customs of
the customs district in which the place of arrival is located for each
and every alien so afflicted, the sum of $1,000 unless (1) the alien
was in possession of a valid, unexpired immigrant visa, or (2) the
alien was allowed to land in the United States, or (3) the alien was
in possession of a valid unexpired nonimmigrant visa or other docu-
ment authorizing such alien to apply for temporary admission to the
United States or an unexpired reentry permit issued to him, and (A)
such application was made within one hundred and twenty days of
the date of issuance of the visa or other document, or in the case of
an alien in possession. of a reentry permit, within one hundred and
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ACT
twenty days of the date on which the alien was last examined and
admitted by the Service, or (B) in the event the application was
made later than one hundred and twenty days of the date of issuance
of the visa or other document or such examination and admission,
if such person establishes to the satisfaction of the Attorne General
that the existence of such disease or disability could not have been
detected by the exercise of due. diligence prior to the alien's
embarkation.
Section 281 of the Immigration and Nationality Act
SEC. 281. (a) The following fees shall be charged:
(1) For the furnishing and verification of each application for an
immigrant visa (which shall include the furnishing and verification of
the duplicate), $5;
(2) For the issuance of each immigrant visa, $20;
(3) For the issuance or each extension of a reentry permit, $10;
(4) For the filing of each application for adjustment of status under
sections 245 and 248, for the creation of a record of admission for
permanent residence under section 249, or for suspension of deporta-
tion, $25;
(5) For the issuance of each extension of stay to nonimmigrants,
other than nonimmigrants described in section 101(a)(15)(F) and,
upon a basis of reciprocity, the nonimmigrants described in section
101 (a) (15) (A) (iii) or 101(a)(15)(G)(v), $10;
(6) For filing with the Attorney General of each petition under
[sections 204(b), 205(b), and 214(c)] section 204 and section p14(c),
$10; and;
(7) For approval of each application for, including issuance of
each certificate of, admission to practice as attorney or representative
before the Service, pursuant to such regulations as may be pre-
scribed by the Attorney General, $25.
(b) The time and manner of payment of the fees specified in para-
graphs (1) and (2) of subsection (a) of this section, including but not
limited to partial deposit or prepayment at the time of registration, shall
be prescribed by the Secretary of State."; and
(c) The fees for the furnishing and verification of applications
for visas by nonimmigrants of each foreign country and for the
issuance of visas to nonimmigrants of each foreign country shall be
prescribed by the Secretary of State in amounts corresponding, as
nearly as practicable, to the total of all similar visa, entry, residence,
or other fees, taxes, or charges assessed or levied against nationals
of the United States by the foreign countries of which such nonimmi-
grants are nationals or stateless residents: Provided, That nonimmi-
grant visas issued to aliens coming to the United States in transit to
and from the headquarters district of the United Nations in accord-
ance with the provisions of the Headquarters Agreement shall be
gratis.
Sections 1, 2, and 11 of the Act of July 14, 1960, as Amended by the
Act of June 28, 1962
[That under the terms of section 212(d) (5) of the Immigration and
Nationality Act the Attorney General may parole into the United
States, pursuant to such regulations as he may prescribe, an alien
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AMENDING THE IMMIGRATION AND NATIONALITY ACT 45
refugee-escapee defined in section 15(c) (1) of the Act of September 11,
1957 (71 Stat. 643) if such alien (1) applies for parole while physically
present within the limits of any country which is not Communist,
Communist-dominated, or Communist occupied, (2) is not a national
of the area in which the application is made, and (3) is within the
mandate of the United Nations High Commissioner for Refugees.
[SEC. 2. (a) The Secretary of State is hereby directed to submit
to the Attorney General, as soon as practicable following the date of
the enactment of this Act, an advisory report indicating the number
of refugee-escapees, as specified in section 1 of this Act, who within
the period beginning July 1, 1959, and ending June 30, 1960, have
availed themselves of resettlement opportunities offered by nations
other than the United States; and, thereafter, prior to January 1,
and July 1 of each year to submit such an advisory report to the
Attorney General indicating the number of such refugee-escapees
who within the preceding six months period have availed themselves
of such resettlement opportunities. The Attorney General shall not
parole into the United States pursuant to section 1 of this Act, in
any six months period immediately following the submission of the
Secretary of State's advisory report, a number of refugee-escapees
exceeding twenty-five per centum of the number of such refugee-
escapees indicated in such advisory report as having been resettled
outside of the United States. The Attorney General shall submit
to the Congress a report containing complete and detailed statement
of facts in the case of each alien paroled into the United States pursuant
to section 1 of this Act. Such reports shall be submitted on or
before January 15 and June 15 of each year. If within ninety days
immediately following the submission of such report, either the Senate
or the House of Representatives passes a resolution stating substance
that it does not favor the continuation of the authority vested in the
Attorney General under section 1 of this Act, the Attorney General
shall, not later than at the expiration of sixty days immediately fol-
lowing the adoption of such resolution by either the Senate or the
House of Representatives, discontinue the paroling into the United
States of such refugee-escapees.
[(b) The Attorney General may, within the numerical limitation
prescribed by subsection (a) of this section, parole in to the United
States pursuant to section 1 of this Act not to exceed five hundred
refugee-escapees listed by the United Nations High Commissioner for
Refugees as "difficult to resettle" : Provided, That no refugee-escapee
may be paroled into the United States pursuant to this subsection
if he suffers from conditions requiring institutionalization: Provided
further, That in the case of each such refugee-escapee, the Attorney
General receives and approves a finding by a voluntary relief or
welfare organization recognized for this purpose by the Attorney
General, that such refugee-escapee can, with some assistance, become
self-supporting, or is a member of a family unit capable of becoming
self-supporting.]
*
[SEc. 11. Nothing contained in this Act shall be held to repeal,
amend, alter, codify, affect, or restrict the powers, duties, functions,
or authority of the Attorney General in the administration and en-
forcement of the Immigration and Nationality Act or any other law
relating to immigration, nationality, or naturalization.]
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ADDITIONAL VIEWS
The rationale for the abolition of the national origins quota system
is that it deliberately discriminates against many of the peoples of the
world. The President in his immigration message to the Congress
on January 13, 1965, stated that the national origins s stem is in-
compatible with our basic American tradition-the fundamental
American attitude has been not to ask where a person comes from, or
to prejudge a person on the basis of place of birth, but to evaluate
his personal qualities. The President, as did his two predecessors,
asked that our immigration law be amended to bring it in line with
this principle,
The committee bill, H.R. 2580, accomplishes only half of this task;
it provides for the abolition of the national origins quota system, but
it fails to end discrimination based upon national on in. Under its
operation, a total ceiling and a maximum limitation for any country
would affect all who come from beyond the Atlantic and Pacific
Oceans, but natives of the Western Hemisphere would be admitted to
the United States without any numerical limitation. Natives of the
24 independent countries of the Western Hemisphere would thus be
placed in a highly preferred position to that of the natives of the more
than 100 countries in the rest of the world who would be subjected to
a limited numerical ceiling and a riggid system of qualifications called
"preferences." The result would be illogical, unwise, shortsighted,
and inconsistent. To allow unlimited immigration from the Western
Hemisphere while imposing rigid ceilings on the number who can
come in from the rest of the world, including our traditional friends
and allies in Western Europe-and this in the name of ending a quota
system labeled as discriminatory and racially prejudicial-is highly
contradictory.
A few examples will demonstrate this inconsistency. Under
H.R. 2580, total immigration from the United Kingdom would be
limited, after June 30, 1968, to a maximum of 20,000 per year; however
in 1964 the immigration from that country was much greater than
this. Western Germany has also consistently exceeded the annual
limit which will be imposed on this close friend of the United States
by H.R. 2580. At the same time immigration from countries such
as El Salvador, Paraguay, and Nicaragua would be subject to no
numerical limitation whatsoever.
Furthermore, H.R. 2580 would require a doctor, lawyer, or teacher
from Dublin, Milan, or Tel Aviv to compete for admission to the
United States with his counterparts in Bonn, Stockholm, and Tokyo
while the natives of North, Central, and South America, and the
Caribbean island nations would be completely exempt from such
competition.
If the United States is to reform. its immigration system, let the
new system be one that is truly nondiscriminatory-a system that
judges all men on the basis of individual merit and worth without re-
gard to place of birth. It is with this in mind that the MacGregor
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AMENDING THE ThIMIG}RATION' AND NATIONALITY' ACC 47
proposal for a numerical ceiling of 115,000 immigrants per year from
the Western Hemisphere was offered. Such a limitation would com-
plement the existing provisions of H.R. 2580, which place a limitation
of 170,000 upon immigration from the rest of the world, and thus
establish a comprehensive immigration policy. Both limitations are
to be exclusive of immediate family members of U.S. citizens.
The MacGregor amendment was adopted by the Immigration
Subcommittee of the Committee on the Judiciary on July 22, only to
be later rejected on a reconsideration vote taken just before H.R.
2580 was favorably reported.
The figure of 115,000 (plus immediate family members) per year
for Western Hemisphere immigration was selected as a generous
ceiling in light of the history of our experience with the admission of
aliens from our neighboring countries. During the last 10 years
total annual immigration from the Western Hemisphere has averaged
approximately 111,000. For the last 5 years the. average has been
125,000. These figures cover total immigration whereas, under the
terms of H.R. 2580, parents, spouses, and children of U.S. citizens are
not to be counted against numerical limitations. The best available
estimates indicate that an annual immigration of up to 25,000 of such
close relatives can be anticipated from the Western Hemisphere.
Thus the total maximum immigration from the hemisphere in any
one year under the MacGregor proposal would approximate 140,000-
115,000 under the numerical ceiling plus an estimated 25,000 close
relatives who are exempted from the numerical limitation.
It is argued in opposition to the MacGregor amendment that to
impose a limit on Western Hemisphere immigration would be to reject
the concept of hemispheric solidarity and to interfere with the conduct
of our foreign affairs. Secretary of State Dean Rusk stated to the
Committee:
There is no valid reason at this time to move away from
the special relationship which we have had with the Western
Hemisphere for the past 40 years *: * *.
He continued by pointing out that this special treatment of the
Western Hemisphere was based upon a mutuality of interest, ideals,
and aspirations. However, when pressed as to what the reaction of
our neighbors would be to a policy of equal treatment with the rest
of the world, he replied:
I can't, this morning, tell you through direct contact
with our colleagues in this hemisphere that they would object
to a change on this particular point.
Strict adherence to a policy of nondiscrimination would require
the imposition of a single worldwide ceiling (and this is an objective
which many of us originally pursued). But the MacGregor proposal
is responsive to the Secretary of State's arguments by continuing to
give preferential treatment to the countries of this hemisphere within
the framework of a system which sets numerical ceilings applicable
to all parts of the world. There are three preferential provisions:
(1) A ceiling of 115,000 for the 24 countries of the Western
Hemisphere would be very generous when compared with a
ceiling of 170,000 for the more than 100 other countries in the
world.
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48 AMENDING THE 'Th4MIGRATION AND NATIONALITY ACT
(2) The 20,000-per-country limitation applicable to Ireland,
the United Kingdom, the Federal Republic of Germany, and
others with close ethnic, historic, and cultural ties to the American
citizenry would not apply to Canada, Mexico, or to any other
country in the Western Hemisphere.
(3) The rigid operation of the system of preferences which will
govern immigration from all countries external to the Western
Hemisphere would not apply to our hemispheric neighbors.
The MacGregor proposal also respects the opinion of Secretary
Rusk that it would be unwise to impose a ceiling on Western Hemi-
sphere immigration "at this time." Under this amendment the
numerical limitation would not take effect until July 1, 1968, the same
date as that set for the abolition of the national origins quota system.
Combined with a presently declared intent that the United States
will henceforth treat every individual in the same way would be a
provision for a 3-year period of adjustment.
The most compelling reason for placing a numerical ceiling upon
immigration from the Western Hemisphere relates to the worldwide
population explosion and the possibility of a sharp increase in immi-
gration from Western Hemisphere countries. Testimony before the
Judiciary Committee identified Latin America as the area of greatest
future population growth. Sociologists and demographers appear-
ing before the committee during its 2 years of exhaustive study and
research in the field of immigration policy and problems testified
that Central and South American countries taken together make up
the world subdivision in which population is increasing most rapidly.
Thomas Mann, the Assistant Secretary of State for Inter-American
Affairs, underscored this problem in a statement published December
7, 1964:
Nearly every part of the world is affected. Here in the
United States, for example, our population growth rate is
said to be 1.6 percent this year. Because our population has
been increasing for some time, more than a million additional
people will be looking for jobs this year in our country alone.
In Latin America the demographers say that the annual
population increase is somewhere near 3 percent per annum.
It is predicted that if this average is maintained, the popula-
tion of the area which now stands about 200 million will
reach about 600 million in 35 years. To use a different
span of time, the population of Latin America will have
increased in this century from some 69 million to some 600
million people.
Attorney General Nicholas deB. Katzenbach, when asked by the
subcommittee to comment on these remarks of the Assistant Secre-
tary of State, replied :
I think it could conceivably mean that you would have
to establish at some time an overall restriction on immigrants
into the United States.
In order further to clarify the Attorney General's views, the sub-
committee chairman asked him if he was suggesting that Congress
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AMENDING THE 82 4&gP ZFP99JAW09 1000 p02-6
wait until immigration from Latin America reached "floodgate
proportions" before acting. He responded:
No, of course not, Congressman. What I am suggesting-
it is much simpler than that-I am suggesting that Congress
wait until there is a need to do it. That might be next year,
that might be 5 years from now, that might be 15 years
from now.
We suggest meeting the problem now with legislation that will take
effect 3 years hence.
There is no way to prove a direct relationship between this dem-
onstrated rapid growth of population in Central and South America
and the desire of the inhabitants of these areas to emigrate to the
United States; however, recent experience shows unmistakably that
this population growth has been paralleled by an equally great increase
in immigration. The Western Hemisphere immigration figures for
the last decade are most illustrative.
Immigration from the Western Hemisphere for the fiscal years 1966-66
---------------
1955
94,274
1961-----------------------
112,836
---
1956
--------------------
124,032
1962-----------------------
133,505
---
1957
--------------------
113,488
1963-----------------------
147,744
---
1958
------------- ------
88,575
1964-----------------------
139,284
---
1959-----------------------
68,196
1965-----------------------
'75,402
1960-----------------------
91,701
11st 6 months.
While there were some fluctuations on a year-to-year basis, 5-year
averages make the trend clear. Immigration from this hemisphere
rose from an average 97,713 per year from 1955 through 1959 to an
average of 125,014 per year from 1960 through 1964-an increase of
more than 25 percent. Although there was a decline in immigration
from 1963 to 1964, the figures for the first 6 months of 1965 show the
illusory nature of this decline. Both the Attorney General and the
Secretary of State see the need for a Western Hemisphere ceiling
sometime and these figures indicate that the need is apparent and
the time to act is now.
How much wiser, easier, and more realistic, it is to meet this problem
now when we are in the process of a complete overhaul of our immi-
gration policy, rather than to wait until the crisis is upon us. If
immigration from the Western Hemisphere should grow sharply, as
there are signs that it will, we would then be faced with great pressures
to halt the sudden flow of immigrants. Action in a time of crisis is
certain to engender trouble and ill-will. We should do this now as
part of a comprehensive revision of our immigration laws.
By not including the Western Hemisphere under the concept of
numerical limitation, H.R. 2580 permits the continuation of an
unjustifiable and obvious discrimination and an unjustified and
unnecessary favoritism. Any immigrant from the Western Hemi-
sphere, whether he be a peasant farmer or a copper multimillionaire,
will enjoy a preferred position for admission to the United States
over a businessman, librarian, or schoolteacher from elsewhere in
the world. This is a far cry from our declared policy of equal treat-
ment for every immigrant.
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App
U G THE IMMIGRATION AND NATIONALITY ACT
Without a numerical limitation upon immigration from the Western
Hemisphere the full objectives of H.R. 2580 are not achieved, the
desirable and necessary reform of our immigration laws is incomplete,
and a most essential change is postponed-postponed until the in-
evitable day when its accomplishment will be much more difficult and
painful.
CLARK MACGREGOR.
WILLIAM M. MCCULLOCH.
RICHARD H. POFF.
WILLIAM C. CRAMER.
CARLETON J. KING.
EDWARD HUTCHINSON
ROBERT MCCLORY.
O
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