I 108th CONGRESS 2d Session H. R. 4415 IN THE HOUSE OF REPRESENTATIVES May 20, 2004 Mr. Hyde introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To amend the Immigration and Nationality Act to eliminate the specialized knowledge basis for obtaining nonimmigrant status as an intracompany transferee, to impose an annual numerical limitation on nonimmigrant visas for such transferees, and for other purposes.

1.

Short Title

This Act may be cited as the &short-title1;.

2.

Findings

The Congress finds the following: (1)Testimony given at a February 4, 2004, hearing of the Committee on International Relations of the House of Representatives indicated that there is widespread abuse by companies subcontracting to other companies nonimmigrants who obtained status under the Immigration and Nationality Act by satisfying the requirements for intracompany transferees with specialized knowledge. Such testimony included that of two United States citizens displaced from their jobs by such nonimmigrants. (2)Further evidence of abuse was indicated by such citizens citing cases, including their own, where a citizen’s employment was terminated after the citizen trained such intracompany transferees to perform the citizen’s job. (3)This testimony also indicated that significant numbers of intracompany transferees admitted to the United States due to claimed possession of “specialized knowledge” do not, in fact, possess that prerequisite “specialized knowledge” at the time of entry into the United States. (4)Employers have used the intracompany transferee visa program to fill thousands of positions in the United States. 57,245 such visas were issued in fiscal year 2003, at the same time as United States unemployment in information technology specialities increased. The admission of intracompany transferees with “specialized knowledge” therefore flooded a job market which had already become highly competitive due to job losses. (5)Consular officers overseas continue to document pervasive fraud in intracompany transferee nonimmigrant visa petitions filed in certain countries. In China, for example, recent statistics provided by the United States Embassy in Beijing to a visiting congressional staff delegation in February 2004 reported an intracompany transferee nonimmigrant visa fraud rate of about 40 percent, in petitions received since fiscal year 2000, with similar fraud rates reported for other areas of China as well.

3.

Elimination of nonimmigrant visas for intracompany transferees with specialized knowledge

(a)

In General

Section 101(a)(15)(L) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(L)) is amended by striking managerial, executive, or involves specialized knowledge, and inserting managerial or executive,. (b)

Conforming Amendments

Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(2)) is amended— (1)by amending subparagraph (D) to read as follows: (D)The period of authorized admission for a nonimmigrant admitted under section 101(a)(15)(L) shall not exceed 7 years.; and (2)by striking subparagraph (B) and redesignating subparagraphs (C) through (E) as subparagraphs (B) through (D), respectively.

4.

Imposition of annual numerical limitation

Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(2)), as amended by section 3 of this Act, is further amended by adding at the end the following: (E) The total number of aliens who may be issued visas or otherwise provided nonimmigrant status during any fiscal year (beginning with fiscal year 2005) under section 101(a)(15)(L) may not exceed 35,000. The numerical limitation in the preceding sentence shall apply only to principal aliens and not to the spouses or children of such aliens. The provisions of subsection (g)(3) shall apply to visas subject to this subparagraph in the same manner as such provisions apply to visas subject to subsection (g)(1). .

5.

Removal of intracompany transferees from classes of aliens not presumed to be immigrants

Section 214(b) of the Immigration and Nationality Act (8 U.S.C. 1184(b)) is amended by striking subparagraph (L) or (V) of section 101(a)(15), and inserting section 101(a)(15)(V),.

6.

Sense of Congress regarding payment of prevailing wage

It is the sense of the Congress that employers of nonimmigrants described in section 101(a)(15)(L) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(L)) should pay such nonimmigrants wages that are at least the greater of— (1)the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question; or (2)the prevailing wage level for the occupational classification in the area of employment.

7.

Effective date

The amendments made by this Act shall take effect on the date of the enactment of this Act and shall apply to nonimmigrant visas issued, or nonimmigrant status provided, under section 101(a)(15)(L) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(L)) on or after such date. Such amendment shall not be construed as— (1)invalidating any visa issued under such section before such date; or (2)otherwise affecting any alien provided nonimmigrant status under such section before such date.