[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