[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