[House Report 107-187]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 107-187
======================================================================
TO PROVIDE FOR WORK AUTHORIZATION FOR NONIMMIGRANT SPOUSES OF TREATY
TRADERS AND TREATY INVESTORS
_______
August 2, 2001.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 2277]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 2277) to provide for work authorization for
nonimmigrant spouses of treaty traders and treaty investors,
having considered the same, reports favorably thereon without
amendment and recommends that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 1
Background and Need for the Legislation.......................... 2
Hearings......................................................... 2
Committee Consideration.......................................... 2
Vote of the Committee............................................ 3
Committee Oversight Findings..................................... 3
Performance Goals and Objectives................................. 3
New Budget Authority and Tax Expenditures........................ 3
Congressional Budget Office Cost Estimate........................ 3
Constitutional Authority Statement............................... 4
Section-by-Section Analysis and Discussion....................... 4
Changes in Existing Law Made by the Bill, as Reported............ 4
Markup Transcript................................................ 5
Purpose and Summary
H.R. 2277 would allow the spouses of E visa recipients to
work in the United States while accompanying the primary visa
recipients.
Background and Need for the Legislation
E visas are available for treaty traders and investors. An
E visa is available to an alien who:
is entitled to enter the United States under and in
pursuance of the provisions of a treaty of commerce and
navigation between the United States and the foreign
state of which he is a national, and the spouse and
children of any such alien if accompanying or following
to join him: 1) solely to carry on substantial trade,
including trade in services or trade in technology,
principally between the United States and the foreign
state of which he is a national; or 2) solely to
develop and direct the operations of an enterprise in
which he has invested . . . a substantial amount of
capital.\1\
---------------------------------------------------------------------------
\1\ Immigration and Nationality Act Sec. 101(a)(15)(E).
Alien employees of a treaty trader or treaty investor may
receive E visas if they are coming to the U.S. to engage in
duties of an executive or supervisory character, or, if
employed in a lesser capacity, if they have special
qualifications that make the services to be rendered essential
to the efficient operation of the enterprise.\2\ The alien
employee would need to be of the same nationality as the treaty
trader or investor.\3\ E visas are issued directly by the State
Department (requiring no preliminary petition to the INS). Visa
recipients can stay in the U.S. for as long as they maintain
their status.\4\ In fiscal year 1998, 9,457 aliens (including
dependents) were granted E visas as treaty traders, and 20,775
aliens (including dependents) were granted E visas as treaty
investors.
---------------------------------------------------------------------------
\2\ 22 C.F.R. Sec. 41.51(c).
\3\ 22 C.F.R. Sec. 41.51(a)(1).
\4\ 9 Foreign Affairs Manual Sec. 41.51 n.14.
---------------------------------------------------------------------------
While current law allows spouses (and minor children) to
come to the U.S. with the E visa recipients, spouses are not
allowed to work in the U.S. Since working spouses are now
becoming the rule rather than the exception in the U.S. and
many foreign countries, multi-national corporations are finding
it increasingly difficult to persuade their employees abroad to
relocate to the United States. Spouses hesitate to forgo their
own career ambitions or a second income to accommodate an
overseas assignment. This factor places an impediment in the
way of the use by employers from treaty countries of the E visa
program and their contributing to trade with and investment in
the United States. Thus, H.R. 2277 would allow the spouses of E
visa recipients to work in the United States while accompanying
the primary visa recipients.
Hearings
No hearings were held on H.R. 2277.
Committee Consideration
On June 27, 2001, the Subcommittee on Immigration and
Claims met in open session and ordered favorably reported the
bill H.R. 2277, by a voice vote, a quorum being present. On
July 24, 2001, the Committee met in open session and ordered
favorably reported the bill H.R. 2277 without amendment by a
voice vote, a quorum being present.
Vote of the Committee
No recorded votes were held on H.R. 2277.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee reports that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
Performance Goals and Objectives
H.R. 2277 does not authorize funding. Therefore, clause
3(c) of rule XIII of the Rules of the House of Representatives
is inapplicable.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of House rule XIII is inapplicable because
this legislation does not provide new budgetary authority or
increased tax expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 2277, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 27, 2001.
Hon. F. James Sensenbrenner, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2277, a bill to
provide for work authorization for nonimmigrant spouses of
treaty traders and treaty investors.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz, who can be reached at 226-2860.
Sincerely,
Dan L. Crippen, Director.
Enclosure
cc:
Honorable John Conyers Jr.
Ranking Member
H.R. 2277--A bill to provide for work authorization for nonimmigrant
spouses of treaty traders and treaty investors
CBO estimates that enacting H.R. 2277 would result in no
significant net cost to the Federal Government. The bill could
affect direct spending, so pay-as-you-go procedures would
apply, but we estimate that any net effects would be
insignificant. H.R. 2277 contains no intergovernmental or
private-sector mandates as defined in the Unfunded Mandates
Reform Act and would impose no costs on State, local, or tribal
governments.
H.R. 2277 would permit the spouses of certain nonimmigrant
investors and businessmen to seek employment in the United
States. Based on information from the Immigration and
Naturalization Service (INS), CBO estimates that the bill's
provisions would apply to roughly 10,000 spouses annually. The
INS would charge a fee of $100 to provide a work permit, so the
agency could collect an additional $1 million annually in
offsetting receipts (a credit against direct spending). The
agency is authorized to spend such fees without further
appropriation, so the net impact on INS spending would be
negligible.
The CBO staff contact for this estimate is Mark Grabowicz,
who can be reached at 226-2860. This estimate was approved by
Robert A. Sunshine, Assistant Director for Budget Analysis.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in article 1, section 8, clause 4 of the
Constitution.
Section-by-Section Analysis and Discussion
Sec. 1. Work authorization for spouses of treaty traders and treaty
investors
Section 1 of the bill creates a new section 214(e)(6) of
the Immigration and Nationality Act which provides that in the
case of an alien spouse admitted under the E visa program, who
is accompanying or following to join a principal alien admitted
under the program, the Attorney General shall authorize the
alien spouse to engage in employment in the United States and
provide the spouse with an employment authorized endorsement or
other appropriate work permit.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italics and existing law in which no change is
proposed is shown in roman):
SECTION 214 OF THE IMMIGRATION AND NATIONALITY ACT
* * * * * * *
admission of nonimmigrants
Sec. 214. (a) * * *
* * * * * * *
(e)(1) * * *
* * * * * * *
(6) In the case of an alien spouse admitted under section
101(a)(15)(E), who is accompanying or following to join a
principal alien admitted under such section, the Attorney
General shall authorize the alien spouse to engage in
employment in the United States and provide the spouse with an
``employment authorized'' endorsement or other appropriate work
permit.
* * * * * * *
----------
Markup Transcript
BUSINESS MEETING
TUESDAY, JULY 24, 2001
House of Representatives,
Committee on the Judiciary,
Washington, DC.
The Committee met, pursuant to notice, at 10:03 a.m., in
Room 2141, Rayburn House Office Building, Hon. F. James
Sensenbrenner, Jr. (Chairman of the Committee) presiding.
Chairman Sensenbrenner. The Committee will be in order. A
working quorum is present.
The next item on the agenda is markup of H.R. 2277 to
provide for work authorization for nonimmigrant spouses of
treaty traders and treaty investors.
[The bill, H.R. 2277, follows:]
Chairman Sensenbrenner. The Chair recognizes the gentleman
from Pennsylvania, Mr. Gekas, for purposes of a motion.
Mr. Gekas. Mr. Chairman, the Subcommittee on Immigration
and Claims reports favorably the bill H.R. 2277 and moves its
favorable recommendation to the full House.
Chairman Sensenbrenner. Without objection, the opening
statements of the gentleman from Pennsylvania and the
gentlewoman from Texas and all Members will be inserted in the
record.
[The prepared statement of Ms. Jackson Lee of Texas
follows:]
Prepared Statement of the Honorable Sheila Jackson Lee, a
Representative in Congress From the State of Texas
Thank you Mr. Chairman.
I support H.R. 2277. While current law allows spouses to come to
the United States with E visa holders, spouses are not allowed to work
in the United States. H.R. 2277 would allow these spouses work
authorization in the United States while accompanying the E visa
holder.
As previously stated in reference to H.R. 2278, it does not make
sense to allow spouses to accompany their partners to the United States
and then deny them the opportunity to be employed. Furthermore, this
bill makes the time these families live in the United States easier
since it allows for a second income.
I hope that this bill is the beginning of an understanding that we
should allow spouses, in other nonimmigrant classifications, who
accompany their husband or wife to the United States to be able to
attain work authorization.
Thank you Mr. Chairman. I yield back the balance of my time.
Chairman Sensenbrenner. Are there any amendments to the
bill?
Hearing none, the Chair notes the presence of a reporting
quorum. The question occurs on the motion to report the bill
H.R. 2277 favorably.
All in favor will signify by saying aye.
Opposed, no.
The ayes appear to have it. The ayes have it, and the
motion to report favorably is adopted.
Without objection, the Chairman is authorized to move to go
to conference pursuant to House rules.
Without objection, the staff is directed to make any
technical and conforming changes, and all Members will be given
2 days, as provided by House rules, in which to submit
additional dissenting supplemental or minority views.