[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1635 Introduced in Senate (IS)]
1st 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 introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``L-1 Visa (Intracompany Transferee)
Reform Act of 2003''.
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 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.''.
(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.
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