S. 1635Senate108th Congress (2003-2005)In Committee

L-1 Visa (Intracompany Transferee) Reform Act of 2004

Introduced September 17, 2003

Legislative Activity

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5 earlier actions
SenateCalendars Latest Action

Placed on Senate Legislative Calendar under General Orders. Calendar No. 758.

October 4, 2004

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SenateIntro Referral

Introduced in Senate

September 17, 2003

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S11686-11687)

September 17, 2003

SenateIntro Referral

Read twice and referred to the Committee on the Judiciary.

September 17, 2003

SenateCommittee

Committee on the Judiciary. Ordered to be reported without amendment favorably.

September 30, 2004

SenateCommittee

Committee on the Judiciary. Reported by Senator Hatch with an amendment in the nature of a substitute. Without written report.

October 4, 2004

SenateCalendars

Placed on Senate Legislative Calendar under General Orders. Calendar No. 758.

October 4, 2004

Floor Debate

19 members

What members said about S. 1635 on the floor

14 Republicans5 Democrats
Robert C. Byrd
Sen. Robert C. ByrdD-WV · Sep 17, 2003

Madam President, I rise today to voice my concern about the disastrous turn which the fortunes of this Nation have taken. The Bush administration, in a scant 2\1/2\ years, has imperiled our country…

Mike DeWine
Sen. Mike DeWineR-OH · Sep 17, 2003

Mr. President, I would like to take a few moments to talk about a bill I will be introducing today, along with Senator Chris Dodd, a bill that has to do with children. It is an issue that is…

Harry Reid
Sen. Harry ReidD-NV · Sep 17, 2003

Madam President, I suggest the absence of a quorum. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, what is the matter now before the Senate?…

Thomas A. Daschle
Sen. Thomas A. DaschleD-SD · Sep 17, 2003

Madam President, I ask unanimous consent that the order for the quorum call be rescinded. Madam President, I ask unanimous consent that the pending amendment be set aside, and I send an amendment to…

Michael B. Enzi
Sen. Michael B. EnziR-WY · Sep 17, 2003

Mr. President, as I consulted the morning weather reports, the thought occurred to me that today's economic forecast sounds a lot like the weather forecast. There is good reason to believe dramatic…

Show 8 more
Orrin G. Hatch
Sen. Orrin G. HatchR-UT · Jul 20, 2004

Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet during the session of the Senate on July 20, 2004, at 9:30 a.m., in closed session to receive a…

Trent Lott
Sen. Trent LottR-MS · Sep 28, 2004

Mr. President, as we look at the situation in America and in the world today, we face serious challenges. Obviously, the war on terrorism is one of the most serious challenges we have had in many…

Jon Kyl
Sen. Jon KylR-AZ · Jun 17, 2004

Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on Thursday, June 17, 2004, at 10 a.m. to…

Lamar Alexander
Sen. Lamar AlexanderR-TN · Jul 22, 2004

Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet during the session of the Senate on July 22, 2004, at 9:30 a.m., in open session to receive testimony…

Thad Cochran
Sen. Thad CochranR-MS · Sep 14, 2004

Mr. President, I ask unanimous consent that the Committee on Finance be authorized to meet during the session on Tuesday, September 14, 2004, at 10 a.m., to hear testimony on ``Implementing the…

Hillary Rodham Clinton
Sen. Hillary Rodham ClintonD-NY · Sep 17, 2003

Mr. President, I want to think you Len Roberts and the people of United Way for making this day possible. The tremendous board members, including Brian Gallagher and Dr. Johnnetta Cole. And Paul…

Susan M. Collins
Sen. Susan M. CollinsR-ME · Sep 30, 2004

Mr. President, I ask unanimous consent that the Committee on Energy and Natural Resources be authorized to meet during the session of the Senate on Thursday, September 30 at 10:30 a.m. to receive…

Lamar Alexander
Sen. Lamar AlexanderR-TN · Apr 29, 2004

Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on Thursday, April 29, 2004, at 10 a.m., to…

Show 11 more
Saxby Chambliss
Sen. Saxby ChamblissR-GA · Sep 17, 2003

Mr. President, I rise today to introduce the L-1 Visa Reform Act which affects intracompany transferees seeking entry to the United States. Congress created the L-1 visa to allow international…

Saxby Chambliss
Sen. Saxby ChamblissR-GA · Sep 17, 2003

Mr. President, I rise today to introduce the L-1 Visa Reform Act which affects intracompany transferees seeking entry to the United States. Congress created the L-1 visa to allow international…

Lamar Alexander
Sen. Lamar AlexanderR-TN · May 13, 2004

Mr. President, I ask unanimous consent that the Committee on Agriculture, Nutrition, and Forestry be authorized to conduct a hearing during the session the Senate on Thursday, May 13, 2004. The…

Lamar Alexander
Sen. Lamar AlexanderR-TN · Sep 17, 2003

Mr. President, today is Citizenship Day. On this day in 1787 the Constitution of the United States was signed. In 1952, Congress passed a law designating Citizenship Day on this day with the intent…

Ted Stevens
Sen. Ted StevensR-AK · Jun 24, 2004

Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet during the session of the Senate on June 24, 2004, at 10 a.m., in open session to consider the…

Wayne Allard
Sen. Wayne AllardR-CO · May 20, 2004

Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on Thursday, May 20, 2004, at 10 a.m. to…

Wayne Allard
Sen. Wayne AllardR-CO · Sep 17, 2003

Mr. President, it gives me great pleasure to introduce today a bill to provide a tax credit for apprenticeship training programs for various construction trades recognized by the Bureau of Labor…

Mike Crapo
Sen. Mike CrapoR-ID · Jun 3, 2004

Mr. President, I ask unanimous consent that the Committee on Banking, Housing, and Urban Affairs be authorized to meet during the session of the Senate on Thursday, June 3, 2004, at 9:30 a.m. to…

Jack Reed
Sen. Jack ReedD-RI · Sep 17, 2003

Mr. President, I rise today to introduce the Rhode Island Fishermen's Fairness Act of 2003. This legislation would address a serious flaw in our Nation's regional fisheries management system by…

William H. Frist
Sen. William H. FristR-TN · Sep 9, 2004

Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet during the session of the Senate on September 9, 2004, at 9:30 a.m., in open session to receive…

Gordon H. Smith
Sen. Gordon H. SmithR-OR · Jul 8, 2004

Mr. President, I ask unanimous consent that the committee on Armed Services be authorized to meet during the session of the Senate on July 8, 2004, at 10 a.m., in open session to consider the…

Bill Text

2 versions available

Reading Mode
Latest
Reported to SenateIssued October 4, 2004
        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1635 Reported in Senate (RS)]

Calendar No. 758
108th CONGRESS
2d Session
S. 1635

To amend the Immigration and Nationality Act to ensure the integrity of
the L-1 visa for intracompany transferees.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

September 17, 2003

Mr. Chambliss (for himself, Mrs. Feinstein, and Mr. Graham of South
Carolina) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary

October 4, 2004

Reported by Mr. Hatch, with an amendment in the nature of a substitute
[Strike out all after the enacting clause and insert the part printed
in italic]

_______________________________________________________________________

A BILL

To amend the Immigration and Nationality Act to ensure the integrity of
the L-1 visa for intracompany transferees.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``L-1 Visa (Intracompany
Transferee) Reform Act of 2003''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds the following:</DELETED>
<DELETED>    (1) A key purpose of the visa issued to
nonimmigrants described in section 101(a)(15)(L) of the
Immigration and Nationality Act (commonly known as the ``L-1
visa'') is to provide multinational companies with a means to
transfer into the United States, foreign workers whose presence
is necessary because of the specialized knowledge those workers
have gained with respect to the products, processes, or
procedures of their employer.</DELETED>
<DELETED>    (2) The L-1 visa plays an important role in the
economy of the United States by bringing the most talented and
essential persons to work on United States projects and keeping
United States businesses competitive throughout the
world.</DELETED>
<DELETED>    (3) The L-1 visa facilitates foreign investment in
the United States to build factories and open offices, to
employ United States workers at those facilities, and to
contribute tax revenue to State budgets.</DELETED>
<DELETED>    (4) The L-1 visa brings persons essential to
product research and development to the United States which
permits operations to remain in this country rather than moving
offshore.</DELETED>
<DELETED>    (5) Due to the very nature of the L-1 visa as
Congress intended it and as properly used, employees in this
classification do not displace United States workers, and they
should not be regarded as new hires since they, instead, are
transferees within a company.</DELETED>
<DELETED>    (6) In certain circumstances, however, misuse of
the L-1 visa has resulted in the displacement of United States
workers.</DELETED>
<DELETED>    (7) Misuse of the L-1 visa classification has
involved only certain employees who were admitted on the basis
of specialized knowledge and were working offsite, not those
working at the site of the petitioning employer or its
affiliate, subsidiary, or parent.</DELETED>
<DELETED>    (8) Misuse has occurred when the foreign worker
has been principally controlled and supervised by an
unaffiliated company.</DELETED>
<DELETED>    (9) Misuse has occurred where the placement of the
L-1 employee is part of an arrangement to simply provide labor
in a context that does not require specialized knowledge
particular to the petitioning employer.</DELETED>

<DELETED>SEC. 3. NONIMMIGRANT L-1 VISA CATEGORY.</DELETED>

<DELETED>    (a) In General.--Section 214(c)(2) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)(2)) is amended by adding at the end
the following:</DELETED>
<DELETED>    ``(F) An alien who will serve in a capacity involving
specialized knowledge with respect to an employer for purposes of
section 101(a)(15)(L) and will be stationed primarily at the worksite
of an employer other than the petitioning employer or its affiliate,
subsidiary, or parent shall not be eligible for classification under
section 101(a)(15)(L) if--</DELETED>
<DELETED>    ``(i) the alien will be controlled and supervised
principally by such unaffiliated employer; or</DELETED>
<DELETED>    ``(ii) the placement of the alien at the worksite
of the unaffiliated employer is part of an arrangement merely
to provide labor for the unaffiliated employer rather than in
connection with the provision of a product or service for which
specialized knowledge specific to the petitioning employer is
necessary.''.</DELETED>
<DELETED>    (b) Applicability.--The amendment made by subsection (a)
shall apply to petitions filed on or after the effective date of this
Act, whether for initial, extended, or amended
classification.</DELETED>

<DELETED>SEC. 4. REQUIREMENT FOR PRIOR CONTINUOUS EMPLOYMENT FOR
CERTAIN INTRACOMPANY TRANSFEREES.</DELETED>

<DELETED>    (a) In General.--Section 214(c)(2)(A) of the Immigration
and Nationality Act (8 U.S.C. 1184(c)(2)(A)) is amended by striking the
last sentence (relating to reduction of the 1-year period of continuous
employment abroad to 6 months).</DELETED>
<DELETED>    (b) Applicability.--The amendment made by subsection (a)
shall apply only to petitions for initial classification filed on or
after the effective date of this Act.</DELETED>

<DELETED>SEC. 5. MAINTENANCE OF STATISTICS BY THE DEPARTMENT OF
HOMELAND SECURITY.</DELETED>

<DELETED>    (a) In General.--The Department of Homeland Security shall
maintain statistics regarding petitions filed, approved, extended, and
amended with respect to nonimmigrants described in section
101(a)(15)(L) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(L)), including the number of such nonimmigrants who are
classified on the basis of specialized knowledge and the number of
nonimmigrants who are classified on the basis of specialized knowledge
in order to work primarily at offsite locations.</DELETED>
<DELETED>    (b) Applicability.--Subsection (a) shall apply to
petitions filed on or after the effective date of this Act.</DELETED>

<DELETED>SEC. 6. EFFECTIVE DATE.</DELETED>

<DELETED>    This Act and the amendments made by this Act shall take
effect 180 days after the date of enactment of this Act.</DELETED>

SECTION 1. SHORT TITLE.

This Act may be cited as the ``L-1 Visa (Intracompany Transferee)
Reform Act of 2004''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) A key purpose of the visa issued to nonimmigrants
described in section 101(a)(15)(L) of the Immigration and
Nationality Act (commonly known as the ``L-1 visa'') is to
provide multinational companies with a means to transfer into
the United States, foreign workers whose presence is necessary
because of the specialized knowledge those workers have gained
with respect to the products, processes, or procedures of their
employer.
(2) The L-1 visa plays an important role in the economy of
the United States by bringing the most talented and essential
persons to work on United States projects and keeping United
States businesses competitive throughout the world.
(3) The L-1 visa facilitates foreign investment in the
United States to build factories and open offices, to employ
United States workers at those facilities, and to contribute
tax revenue to State budgets.
(4) The L-1 visa brings persons essential to product
research and development to the United States which permits
operations to remain in this country rather than moving
offshore.
(5) Due to the very nature of the L-1 visa as Congress
intended it and as properly used, employees in this
classification do not displace United States workers, and they
should not be regarded as new hires since they, instead, are
transferees within a company.
(6) In certain circumstances, however, misuse of the L-1
visa has resulted in the displacement of United States workers.
(7) Misuse of the L-1 visa classification has involved only
certain employees who were admitted on the basis of specialized
knowledge and were working offsite, not those working at the
site of the petitioning employer or its affiliate, subsidiary,
or parent.
(8) Misuse has occurred when the foreign worker has been
principally controlled and supervised by an unaffiliated
company.
(9) Misuse has occurred where the placement of the L-1
employee is part of an arrangement to simply provide labor in a
context that does not require specialized knowledge particular
to the petitioning employer.

SEC. 3. NONIMMIGRANT L-1 VISA CATEGORY.

(a) In General.--Section 214(c)(2) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)(2)) is amended by adding at the end
the following:
``(F) An alien who will serve in a capacity involving specialized
knowledge with respect to an employer for purposes of section
101(a)(15)(L) and will be stationed primarily at the worksite of an
employer other than the petitioning employer or its affiliate,
subsidiary, or parent shall not be eligible for classification under
section 101(a)(15)(L) if--
``(i) the alien will be controlled and supervised
principally by such unaffiliated employer; or
``(ii) the placement of the alien at the worksite of the
unaffiliated employer is essentially an arrangement to provide
labor for hire for the unaffiliated employer, rather than a
placement in connection with the provision of a product or
service for which specialized knowledge specific to the
petitioning employer is necessary.''.
(b) Applicability.--The amendment made by subsection (a) shall
apply to petitions filed on or after the effective date of this Act,
whether for initial, extended, or amended classification.

SEC. 4. REQUIREMENT FOR PRIOR CONTINUOUS EMPLOYMENT FOR CERTAIN
INTRACOMPANY TRANSFEREES.

(a) In General.--Section 214(c)(2)(A) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)(2)(A)) is amended by striking the
last sentence (relating to reduction of the 1-year period of continuous
employment abroad to 6 months).
(b) Applicability.--The amendment made by subsection (a) shall
apply only to petitions for initial classification filed on or after
the effective date of this Act.

SEC. 5. MAINTENANCE OF STATISTICS BY THE DEPARTMENT OF HOMELAND
SECURITY.

(a) In General.--The Department of Homeland Security shall maintain
statistics regarding petitions filed, approved, extended, and amended
with respect to nonimmigrants described in section 101(a)(15)(L) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(L)), including
the number of such nonimmigrants who are classified on the basis of
specialized knowledge and the number of nonimmigrants who are
classified on the basis of specialized knowledge in order to work
primarily at offsite locations.
(b) Applicability.--Subsection (a) shall apply to petitions filed
on or after the effective date of this Act.

SEC. 6. EFFECTIVE DATE.

This Act and the amendments made by this Act shall take effect 180
days after the date of enactment of this Act.

Calendar No. 758

108th CONGRESS

2d Session

S. 1635

_______________________________________________________________________

A BILL

To amend the Immigration and Nationality Act to ensure the integrity of
the L-1 visa for intracompany transferees.

_______________________________________________________________________

October 4, 2004

Reported with an amendment in the nature of a substitute