[House Report 107-188]
[From the U.S. Government Publishing Office]
107th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 107-188
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TO PROVIDE FOR WORK AUTHORIZATION FOR NONIMMIGRANT SPOUSES OF
INTRACOMPANY TRANSFEREES, AND TO REDUCE THE PERIOD OF TIME DURING WHICH
CERTAIN INTRACOMPANY TRANSFEREES HAVE TO BE CONTINUOUSLY EMPLOYED
BEFORE APPLYING FOR ADMISSION TO THE UNITED STATES
_______
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. 2278]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 2278) to provide for work authorization for
nonimmigrant spouses of intracompany transferees, and to reduce
the period of time during which certain intracompany
transferees have to be continuously employed before applying
for admission to the United States, having considered the same,
reports favorably thereon without amendment and recommends that
the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for the Legislation.......................... 2
Hearings......................................................... 3
Committee Consideration.......................................... 3
Vote of the Committee............................................ 3
Committee Oversight Findings..................................... 3
Performance Goals and Objectives................................. 4
New Budget Authority and Tax Expenditures........................ 4
Congressional Budget Office Cost Estimate........................ 4
Constitutional Authority Statement............................... 5
Section-by-Section Analysis and Discussion....................... 5
Changes in Existing Law Made by the Bill, as Reported............ 5
Markup Transcript................................................ 7
Purpose and Summary
H.R. 2278 would allow the spouses of L visa recipients to
work in the United States while accompanying the primary visa
recipients. The bill would also allow aliens to qualify for L
visas after working for 6 months overseas for employers if the
employers have filed blanket L petitions and have met the
blanket petitions' requirements.
Background and Need for the Legislation
L visas are available for ``intracompany transferees''--
they allow employees working at a company's overseas branch to
be shifted to the company's worksite in the United States. A
visa is available to an alien who:
within 3 years preceding the time of his application
for admission into the United States, has been employed
continuously for 1 year by a firm . . . or an affiliate
or subsidiary thereof and who seeks to enter the United
States temporarily in order to continue to render his
services to the same employer or a subsidiary or
affiliate thereof in a capacity that is managerial,
executive, or involves specialized knowledge, and the
alien spouse and minor children of any such alien if
accompanying him. . . .\1\
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\1\ Immigration and Nationality Act (hereinafter cited as ``INA'')
Sec. 101(a)(15)(L).
The visas are good for up to 5 years for aliens admitted to
render services in a capacity that involves specialized
knowledge and for up to 7 years for aliens admitted to render
services in a managerial or executive capacity.\2\ In fiscal
year 1998, 38,307 aliens (along with 44,176 dependents) were
granted L visas.
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\2\ INA Sec. 214(c)(2)(D).
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To make the L visa program more convenient for established
and frequent users of the program, ``blanket'' L visas are
available.\3\ If an employer meets certain qualifications--it
1) is engaged in commercial trade or services; 2) has an office
in the U.S. that has been doing business for at least 1 year;
3) has three or more domestic and foreign branches,
subsidiaries, or affiliates; and 4) has received approval for
at least 10 L visa professionals during the past year or has
U.S. subsidiaries or affiliates with annual combined sales of
at least $25 million or has a U.S. workforce of at least 1,000
employees \4\--it can receive pre-approval for an unlimited
number of L visas from the INS. Individual aliens seeking visas
(within 6 months of the blanket petition approval) \5\ to work
for the company simply have to go to a U.S. consular office
abroad and show that the job they will be employed in qualifies
for the L visa program and that they are qualified for the
job.\6\
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\3\ INA Sec. 214(c)(2)(A).
\4\ 8 C.F.R. Sec. 214.2(l)(4)(i).
\5\ 8 C.F.R. Sec. 214.2(l)(5)(ii).
\6\ 8 C.F.R. Sec. 214.2(l)(5).
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While current law allows spouses (and minor children) to
come to the U.S. with the L 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 these employers' use of the L visa program and their
competitiveness in the international economy. Thus, H.R. 2278
would allow the spouses of L visa recipients to work in the
United States while accompanying the primary visa recipients.
Additionally, current law requires that a beneficiary of a
L visa have been employed for at least 1 year overseas by the
petitioning employer. In many situations, this is an overly
restrictive requirement. For example, consultancies recruit and
hire individuals overseas with specialized skills to meet the
needs of particular clients. The 1 year prior employment
requirement can result in long delays before they can bring
such employees to the U.S. on L visas. A shorter prior
employment period would allow companies to more expeditiously
meet the needs of their clients.
Thus, H.R. 2278 would allow aliens to qualify for L visas
after having worked for 6 months overseas for employers if the
employers have filed blanket L petitions and have met the
blanket petitions' requirements. There is a high level of fraud
in the L visa program, especially involving ``front companies''
set up purely to procure visas,\7\ and lowering the
qualifications for L visas might encourage more fraudulent
petitions. With a company that has been prescreened and
approved for ``blanket'' L status, the risk of fraud is much
lower.
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\7\ See Nonimmigrant Visa Fraud, Hearing Before the Subcomm. on
Immigration and Claims of the House Judiciary Comm., 106th Cong. (May
5, 1999).
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Hearings
No hearings were held on H.R. 2278.
Committee Consideration
On June 27, 2001, the Subcommittee on Immigration and
Claims met in open session and ordered favorably reported the
bill H.R. 2278, 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. 2278 without amendment by a
voice vote, a quorum being present.
Vote of the Committee
No recorded votes were held on H.R. 2278.
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. 2278 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. 2278, 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. 2278, a bill to
provide for work authorization for nonimmigrant spouses of
intracompany transferees, and to reduce the period of time
during which certain intracompany transferees have to be
continuously employed before applying for admission to the
United States.
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. 2278--A bill to provide for work authorization for nonimmigrant
spouses of intracompany transferees, and to reduce the period
of time during which certain intracompany transferees have to
be continuously employed before applying for admission to the
United States
CBO estimates that enacting H.R. 2278 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. 2278 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.
Current law permits certain persons to enter the United
States temporarily for employment purposes if they have worked
for their employer for at least 1 year. H.R. 2278 would reduce
this time requirement under certain circumstances to 6 months
and would allow the spouses of such persons to seek employment
in the United States.
Enacting H.R. 2278 could increase the number of persons who
enter the United States for job transfers because of the
shortened employment requirement. However, the number of such
persons would probably be small and the INS charges no fee for
their entry.
Based on information from the Immigration and
Naturalization Service (INS), CBO estimates that 10,000 to
20,000 spouses each year could seek employment authorization
from the INS under H.R. 2278. The INS would charge a fee of
$100 per person to provide a work permit, so the agency could
collect an additional $1 million to $2 million annually in
offsetting receipts (a credit against direct spending). The INS
is authorized to spend these fees without further
appropriation, so the net impact on 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 intracompany transferees
Section 1 of the bill creates a new section 214(c)(2)(E) of
the Immigration and Nationality Act (INA) providing that in the
case of an alien spouse admitted under the L 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.
Sec. 2. Reduction of required period of prior continuous employment for
certain intracompany transferees
Section 2(a) of the bill amends section 214(c)(2)(A) of the
INA by providing that in the case of an alien seeking admission
under the L visa program, the 1 year period of continuous
employment required under the program is deemed to be reduced
to a 6-month period if the importing employer has filed a
blanket petition and has been found by the Attorney General to
have met the requirements for expedited processing of aliens
covered under such blanket petition.
Section 2(b) of the bill makes a conforming change to
section 101(a)(15)(L) of the INA.
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 (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
IMMIGRATION AND NATIONALITY ACT
* * * * * * *
TITLE I--GENERAL
definitions
Section 101. (a) As used in this Act--
(1) * * *
* * * * * * *
(15) The term ``immigrant'' means every alien except an
alien who is within one of the following classes of
nonimmigrant aliens
(A) * * *
* * * * * * *
(L) [an alien who,] subject to section 214(c)(2),
an alien who, within 3 years preceding the time of his
application for admission into the United States, has
been employed continuously for one year by a firm or
corporation or other legal entity or an affiliate or
subsidiary thereof and who seeks to enter the United
States temporarily in order to continue to render his
services to the same employer or a subsidiary or
affiliate thereof in a capacity that is managerial,
executive, or involves specialized knowledge, and the
alien spouse and minor children of any such alien if
accompanying him or following to join him;
* * * * * * *
TITLE II--IMMIGRATION
* * * * * * *
Chapter 2--Qualifications for Admission of Aliens; Travel Control of
Citizens and Aliens
* * * * * * *
admission of nonimmigrants
Sec. 214. (a) * * *
* * * * * * *
(c)(1) * * *
(2)(A) The Attorney General shall provide for a procedure
under which an importing employer which meets requirements
established by the Attorney General may file a blanket petition
to import aliens as nonimmigrants described in section
101(a)(15)(L) instead of filing individual petitions under
paragraph (1) to import such aliens. Such procedure shall
permit the expedited processing of visas for admission of
aliens covered under such a petition. In the case of an alien
seeking admission under section 101(a)(15)(L), the one-year
period of continuous employment required under such section is
deemed to be reduced to a 6-month period if the importing
employer has filed a blanket petition under this subparagraph
and met the requirements for expedited processing of aliens
covered under such petition.
* * * * * * *
(E) In the case of an alien spouse admitted under section
101(a)(15)(L), 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. 2278, to
provide for work authorization for nonimmigrant spouses of
intracompany transferees, and to reduce the period of time
during which certain intracompany transferees have to be
continuously employed before applying for admission to the
United States.
[The bill, H.R. 2278, follows:]
Chairman Sensenbrenner. The Chair recognizes the gentleman
from Pennsylvania, Mr. Gekas, for a motion.
Mr. Gekas. Mr. Chairman, the Subcommittee on Immigration
and Claims reports favorably the bill H.R. 2278 and moves its
favorable recommendation to the full House.
Chairman Sensenbrenner. Without objection, the gentleman
from Pennsylvania, Mr. Gekas's statement will appear in the
record.
Chairman Sensenbrenner. Without objection, the Ranking
Member of the Subcommittee, the gentlewoman from Texas, Ms.
Jackson Lee's statement will appear in the record.
Ms. Jackson Lee of Texas. Thank you.
[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. 2278. This is a positive bill because it allows work
authorization for nonimmigrant spouses of intracompany transferees.
Not only will spouses be able to accompany their husband or wife
who is in the United States in a nonimmigrant capacity, but these
spouses will now be afforded the opportunity to be employed. It makes
no sense to allow spouses to accompany their loved ones to the United
States and then deny them opportunity to be employed.
Global companies are finding it increasingly difficult to relocate
foreign nationals in the United States. This bill makes relocation
easier since spouses will not have to forgo their career ambitions or a
second income which is increasingly necessary.
This bill is also positive since it contains a six month reduction
in the period of time during which certain intracompany transferees
have to be continuously employed before applying for admission to the
United States. Without this bill, companies who recruit and hire
individuals overseas with specialized skills to meet the needs of their
clients will be able to bring these employees more expeditiously.
Thank you Mr. Chairman. I yield back the balance of my time.
Chairman Sensenbrenner. Without objection, all Members'
statements will appear in the record.
Chairman Sensenbrenner. Are there any amendments?
If not, a reporting quorum is present. The question occurs
on the motion to report H.R. 2278 favorably.
All those in favor will say 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.