To render nationals of Denmark eligible to enter the United States as nonimmigrant traders and investors.

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 3647) to render nationals of Denmark eligible to enter the United States as nonimmigrant traders and investors, as amended.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I rise in support of H.R. 3647, to render nationals of Denmark eligible to enter the United States as nonimmigrant traders and investors. E-2 visas are nonimmigrant visas available to nationals of countries with which the United States maintains a treaty of commerce. Under the Immigration and Nationality Act, aliens from such countries who wish to come to the United States to develop and direct the operations of an enterprise in which they have invested, or are actively in the process of investing a substantial amount of capital, may apply for entry on an E-2 visa.

Alien employees of a treaty investor may also receive E-2 visas if they are coming to the United States 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 that enterprise. There is no numerical cap on E-2 visas. An alien may be admitted initially for a period of 2 years and can apply for extensions in 2- year increments.

The United States has entered into treaties of commerce containing language similar to the E-2 visas since as far back as 1815, when we entered into a Convention to Regulate Commerce with the United Kingdom. Currently, the nationals of 74 countries are eligible for E-2 status. In fiscal year 2003, 24,506 aliens, including dependents, were granted E-2 visas.

Nationals of Denmark are already eligible for an E-1, treaty trader, visa pursuant to the Treaty of Friendship, Commerce and Navigation between the United States and Denmark of October 1, 1951. The U.S. and Denmark signed a protocol to that treaty on May 2, 2001, that would also grant Danes eligibility for E-2 visas. However, that protocol has not been ratified due to the broad objections raised on both sides of the Capitol regarding the inclusion of immigration provisions in trade agreements. Accordingly, the Danish embassy has requested that Denmark be granted E-2 privileges through the normal legislative process. This legislation would accomplish that.

Mr. Speaker, I wish to emphasize the importance of formal congressional consideration of any changes to United States immigration law through congressional legislative process. Over the last several years, Congress has witnessed efforts to circumvent its exclusive authority under the Constitution to amend our Nation's immigration law. The inclusion of temporary entry or other immigration provisions in bilateral or multilateral trade agreements undermines the constitutional authority of Congress and has been strongly opposed by Members on both sides of the aisle.

This legislation is the product of the open legislative process that revisions to our immigration law deserve, and I urge other nations seeking changes to U.S. immigration law to follow a similar legislative course. I appreciate that the embassy of Denmark has sought E-2 visas the right way, and I urge my colleagues to support this bill.

Mr. Speaker, I reserve the balance of my time.

Madam Speaker, I yield back the balance of my time.

Madam Speaker, I yield myself such time as I may consume.

Let me, first of all, acknowledge that this is an important issue. Danish nationals are eligible for E-1 treaty trader visas pursuant to the Treaty of Friendship, Commerce and Navigation between the United States and Denmark of October 1, 1951.

The U.S. and Denmark signed a protocol to the treaty on May 2, 2001, which would grant Danes eligibility for E-2 visas. That protocol is currently before the Senate Foreign Affairs Committee. However, since the Judiciary Committee began insisting in 2003 that trade agreements and treaties no longer contain immigration provisions, the Danish embassy has requested a grant of E-2 privileges through the normal legislative process.

H.R. 3647 would grant those privileges to Denmark. I support that grant of such privileges and therefore support H.R. 3647.

Madam Speaker, I yield back the balance of my time.

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on the following bills and resolution to be considered today: H.R. 3647, H.R. 1036, H.R. 866, H.R. 1442, and House Resolution 547.