[Congressional Record Volume 162, Number 93 (Monday, June 13, 2016)]
[House]
[Pages H3719-H3721]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
OVERSEE VISA INTEGRITY WITH STAKEHOLDER ADVISORIES ACT
Mrs. MIMI WALTERS of California. Mr. Speaker, I move to suspend the
rules and pass the bill (H.R. 3636) to amend the Immigration and
Nationality Act to allow labor organizations and management
organizations to receive the results of visa petitions about which such
organizations have submitted advisory opinions, and for other purposes,
as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3636
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 ``Oversee Visa Integrity with
Stakeholder Advisories Act'' or the ``O-VISA Act''.
SEC. 2. ALLOWING CERTAIN ORGANIZATIONS TO RECEIVE THE RESULTS
OF VISA PETITIONS.
Section 214(c)(3) of the Immigration and Nationality Act (8
U.S.C. 1184(c)(3)) is amended--
(1) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security''; and
(2) in the first sentence of the matter following
subparagraph (B)--
(A) by striking ``and (iv)'' and inserting ``(iv)''; and
(B) by striking the period at the end and inserting the
following: ``, and (v) upon making the decision, the
Secretary of Homeland Security shall provide a copy of the
decision to each organization with which the Secretary
consulted under subparagraph (A) or (B).''.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
California (Mrs. Mimi Walters) and the gentlewoman from California (Ms.
Lofgren) each will control 20 minutes.
The Chair recognizes the gentlewoman from California (Mrs. Mimi
Walters).
general leave
Mrs. MIMI WALTERS of California. Mr. Speaker, I ask unanimous consent
that all Members may have 5 legislative days within which to revise and
extend their remarks and to include extraneous material on H.R. 3636,
currently under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from California?
There was no objection.
Mrs. MIMI WALTERS of California. Mr. Speaker, I yield myself such
time as I may consume.
I thank Mr. Nadler and all of the other cosponsors in their helping
to advance H.R. 3636, the Oversee Visa Integrity with Stakeholder
Advisories Act, otherwise referred to as the O-VISA Act, for a floor
vote.
Congress established the O visa program to allow non-immigrants with
extraordinary abilities to be employed in the sciences, arts,
education, business, or athletics. In recognition of the unique nature
of the motion picture and television industry, Congress established
special evidentiary criteria for O-1 and O-2 visas for artists who are
working in the industry. One requirement mandates that the USCIS
consult with the appropriate labor and management organizations for
each visa petition. The reason for this is very simple in that those
organizations are best suited to evaluate whether a visa applicant has
demonstrated extraordinary achievement--the standard for O-1 and O-2
visa petitioners in this industry.
These consulting organizations dedicate substantial resources to
advise the USCIS on the merits of visa petitions. They are essential to
identifying fraud as well as to protecting U.S. workers who are capable
of filling those jobs. Unfortunately, these organizations are never
notified as to the USCIS' final petition decisions. The consulting
organizations should be notified of these decisions so that they may
better assist the USCIS in determining fraud and in properly
implementing the O visa standards.
There have been serious indications of fraud in O-1 and O-2 visa
petitions, including the outright forgery of advisory opinions, shell
production companies, and sponsoring employers who are without any
connection to the motion picture and television industry. These
concerns led Chairman Goodlatte and Ranking Member Conyers to send a
letter to the USCIS in 2014, which stated:
It seems that, at the very least, USCIS should be notifying
these organizations when it approves petitions over their
objections. However, we are told that such organizations are
rarely, if ever, notified regarding the outcome of petitions
to which they object. Ensuring transparency in the
adjudication process for any visa program is essential to a
secure and effective immigration policy, and, therefore, we
are concerned about the reported potential fraud in O-1 and
O-2 visa petitions.
It is important to note that there are no indications of abuse by the
major studios, such as members of the MPAA. In fact, it is my
understanding that the labor and management consulting organizations
concur with the vast majority of O visa petitions that are submitted by
the major studios.
The O-VISA Act, which Mr. Nadler and I have put forth, is a narrow
provision that injects transparency into this visa petition process. It
amends the Immigration and Nationality Act to require the Secretary of
Homeland Security to provide a copy of the USCIS visa petition decision
to the consulting organization that was required to provide the
advisory opinion for that specific petition. Essentially, the
organization will be copied on the agency decision. Congress wisely
recognized that the opinions of these private stakeholders deserve
proper consideration due to their unique expertise in the industry.
Congress should further utilize that expertise by authorizing the USCIS
to copy these organizations because this will assist in identifying
fraud and in protecting American jobs.
I was pleased to receive the recent report from the nonpartisan
Congressional Budget Office that H.R. 3636 will have no significant
cost to the taxpayer. In fact, any associated costs will be recouped
from fees that are collected by the Department of Homeland Security in
the visa application process. Simply put, H.R. 3636 is a model of
commonsense, bipartisan legislation that utilizes private sector
expertise to improve our governance.
I will take this opportunity to note that there are other issues
regarding O visas that must be addressed. In particular, there are
serious concerns that the USCIS' decisionmaking process moves far too
slowly. This lack of efficiency means that film and television face
considerable delays and unnecessary costs. I am committed to working
with the committee and the industry to address these issues in the
future.
[[Page H3720]]
I encourage my colleagues to support H.R. 3636, the O-VISA Act.
Mr. Speaker, I reserve the balance of my time.
Ms. LOFGREN. Mr. Speaker, I yield myself such time as I may consume.
I am pleased to support the O-VISA Act, which is a narrow, but
important, bill.
I thank my Judiciary Committee colleagues--the gentlewoman from
California (Mrs. Mimi Walters) and the gentleman from New York (Mr.
Nadler)--for their bipartisan effort in introducing this legislation,
which will bring needed transparency to the O visa petition process.
For individuals who seek an O visa specifically to work on a motion
picture or a television production, the law requires that an individual
have a demonstrated record of extraordinary achievement, which must be
recognized in the field through extensive documentation.
In recognizing the need to balance the demand for a global exchange
of creative professionals with the need to prevent the displacement of
American workers, current law requires that O visa petitioners provide
a written advisory opinion from an appropriate labor organization
regarding the beneficiary's qualifications. For example, when
petitioning for a foreign director, a petitioner must seek an opinion
from the Directors Guild of America.
As experts in their fields, these labor organizations are in a great
position to appraise a beneficiary's qualifications. This process is
intended to ensure that only the most extraordinary and accomplished
individuals are granted an O visa. The O-VISA Act requires that the
U.S. Citizenship and Immigration Services provide a copy of the agency
decision to the labor union that is consulted as part of the petition
when one seeks work in a motion picture or on television. By doing
this, the bill will help ensure that the union consultation is a
meaningful part of the agency adjudication, as required under current
law; and it will bring transparency for employers, workers, and the
organizations that represent them, which is always a good thing.
I do believe, as the gentlewoman has indicated, we could do more in
this area. For example, we should be providing for the portability of
O-1 visa holders and others so they can move between jobs. Portability
not only helps employers in the industry, but it also ensures that
foreign workers aren't trapped in positions or are used to undercut the
wages of U.S. workers. I hope that we can continue the bipartisan
effort that produced this legislation to make further improvements to
the O visa program.
As indicated during the consideration of the bill in the Judiciary
Committee, the language contained in this bill has been coupled with
provisions that also make important changes to the O visa program that
were included in the Senate's comprehensive immigration reform from the
last Congress, which died here on the House side. That bill provided
for portability; it removed redundancies; and it better aligned these
programs with others that involved honorarium or appearance fees. I
know that we are not doing an entire rewrite of the immigration laws at
this juncture, but I am hopeful that we will continue to work on these
further improvements as this chairman has indicated he would be
interested in.
Finally, I would be remiss if I didn't say what we all know too well,
which is that we have enormous problems in our immigration system. I
hope that we can work together on real, substantial fixes on behalf of
not just the movie industry--as important as that industry is--but for
families, refugees, and employers in a range of industries, including
agriculture and the high-skilled sector. Over the years, I have worked
with friends on the other side of the aisle on immigration reforms, big
and small, and I continue to stand ready to do so in the future.
I thank the Speaker, the bill's authors, and the gentlewoman from
California (Mrs. Mimi Walters).
I reserve the balance of my time.
Mrs. MIMI WALTERS of California. Mr. Speaker, I reserve the balance
of my time.
Ms. LOFGREN. Mr. Speaker, I yield 4 minutes to the gentleman from
Georgia (Mr. Johnson).
Mr. JOHNSON of Georgia. I thank the gentlewoman from California.
Mr. Speaker, I rise in support of H.R. 3636, the Oversee Visa
Integrity with Stakeholder Advisories Act, also known as the O-VISA
Act.
I support this bipartisan legislation because it will strengthen the
role of labor unions in the O visa petition process, a process by which
international artists and entertainers with extraordinary ability are
brought to the United States.
{time} 1730
As many of you may know, my home State of Georgia is one of the
Nation's leading locations for film and television production. Since
the State updated its tax laws, this industry has generated
approximately $800 million annually in economic development, and it is
credited with supporting about 11,000 jobs in Georgia.
In June alone, there were more than 23 movies and TV shows being
filmed in the State. And as more studios and production teams move to
Georgia, the demand for international talent will continue to rise.
While international audiences have a strong appreciation and demand
for American movies, music, and other forms of entertainment, we also
want talent from other countries to come to the United States for our
enjoyment. In such instances, however, we must ensure that the
immigration process effectively balances the needs of the entertainment
industry while protecting the rights and interests of American workers.
Congress has long realized that this is a delicate balance, which is
why we created a specific role for American labor unions to participate
in the O visa petition process for foreign artists and entertainers.
Unions help ensure safe working conditions and fair wages for all,
regardless of nationality. Under the O visa consultation process,
unions provide informed opinions on these significant issues.
The bill before us today makes an important change to current law. It
requires the U.S. Citizenship and Immigration Services to provide labor
organizations the results of decisions for cases in which they
submitted advisory opinions. This new requirement will bring
transparency to the O visa process.
In addition, this measure will enable labor unions to better monitor
the outcomes of O visa cases and reduce uncertainty about the number of
entertainment jobs filled by international artists.
H.R. 3636 will further strengthen international artistic exchange
while promoting American workers.
In closing, I want to thank my colleagues on the Judiciary Committee,
Representatives Mimi Walters and Jerrold Nadler, for their leadership
in crafting this bipartisan legislation. H.R. 3636 is a good bill, and
I am pleased to support it.
Mrs. MIMI WALTERS of California. Mr. Speaker, I reserve the balance
of my time.
Ms. LOFGREN. Mr. Speaker, I have no further speakers. I urge a
``yes'' vote on the bill.
I yield back the balance of my time.
Mrs. MIMI WALTERS of California. Mr. Speaker, I will close by
thanking everyone for their support of this bill. I encourage my
colleagues to support H.R. 3636, the O-VISA Act.
I yield back the balance of my time.
Mr. NADLER. Mr. Speaker, I rise in strong support of H.R. 3636, the
O-VISA Act. As the lead Democratic cosponsor, I also want to thank the
Gentlewoman from California, Mrs. Walters, for introducing this
legislation, which will bring some needed transparency to the O visa
application process.
O visas are reserved for individuals with extraordinary ability in
the sciences, arts, education, business, or athletics to perform
temporary work in their field here in the United States. For those
seeking an O visa specifically to work on a motion picture or
television production, the law requires that an individual have ``a
demonstrated record of extraordinary achievement,'' which must be
``recognized in the field through extensive documentation.''
Through a unique provision in the law, an applicant for an O visa
seeking to work on a film or television production must first obtain an
opinion from the relevant labor organization in their field. For
example, a director must seek an opinion from the Directors Guild of
America, and a set designer must consult with the International
Alliance of Theatrical Stage Employees. As experts in their field,
these organizations are in the best position to determine an
applicant's special qualifications. This process is intended to ensure
that only the
[[Page H3721]]
most extraordinary and accomplished individuals--those who are so
unique that they could not be replaced by an American worker--are
granted an O visa.
Unfortunately, in recent years, several unions have expressed deep
concerns that a significant number of applicants for whom they have
recommended denial have been admitted into the United States
nonetheless. In some instances, the unions have documented fraud on the
part of the applicant, while in some cases, the government simply
reached a different conclusion. But, because the consulting union is
never informed by the government whether a particular application was
approved or denied, it is impossible to know the full extent of this
problem. The O-VISA Act would bring needed transparency to this process
by requiring USCIS to provide a copy of any final determination to the
consulting union.
This is a narrow, but critically important provision. Although the
unions have expended a great deal of resources to discover the outcome
of their advisory opinions, they are in the dark about the vast
majority of cases. Although they could serve as a partner to USCIS in
rooting out fraud and abuse, they lack the information they need to
follow up on suspicious cases. I should point out that the unions have
assured me that their concerns about fraud do not stem from any
applications by the major studios. The problems occur with certain
unscrupulous independent companies that abuse the process in a variety
of ways.
Of course, there need not be any fraud for USCIS to reach a different
conclusion about the merits of a particular applicant. But, if this is
occurring in a significant number of cases, it may signify a systemic
problem in how the agency is considering applications, or a lack of
understanding by the union of how cases should be evaluated. In either
case, it is only fair that the unions have sufficient knowledge of how
petitions are decided so that they can have a meaningful discussion
with USCIS about any concerns they may have.
The O-VISA Act would provide the transparency necessary to undertake
this process and I urge my colleagues to support it.
I want to note that since this bill simply requires that USCIS
provide a copy of any final decision to the consulting organization, it
should not burden the agency or add any delays in processing O visa
applications. However, I recognize that many sponsoring employers have
expressed concerns over the inefficiency of the current process, and
that reforms are needed to streamline the application process.
The language contained in H.R. 3636 has historically been coupled
with provisions that also make important changes to the O- and B- visa
programs for those seeking entry for motion picture and television
productions. These provisions were included in such bills as the
Senate's comprehensive immigration reform legislation from last
Congress. Specifically, these changes provided the same commonsense
portability that exists in other visa categories, removed redundancies
in the consultation process, and better aligned these entry programs
with others that might involve an honorarium or appearance fee.
I appreciate Chairman Goodlatte's assurances during the markup on the
O-VISA Act that he intends to address these commonsense changes to the
O- and B-programs that have historically accompanied the provisions in
this bill in the future. And I am pleased that we are advancing this
bill today. The O-VISA Act will help ensure the integrity of the O visa
program while protecting the jobs of American artists and craftsmen in
the film and television industries. I urge my colleagues to support
this legislation.
Ms. JACKSON LEE. Mr. Speaker, I am pleased to support H.R. 3636, the
``Oversee Visa Integrity with Stakeholder Advisories Act'', also known
as the O-VISA Act.
H.R. 3636 is an important bill that supports the need and aim for
comprehensive immigration reform and strengthens the role of the labor
unions in the O-lB consultation process.
H.R. 3636 would strengthen the role of the labor unions in the O-1B
consultation process by amending the ``Immigration and Nationality
Act'' to require U.S. Citizenship and Immigration Services (USCIS) to
provide a copy of the O-1B petition decision to the labor union that
was consulted as part of the petition process for a foreign artists and
performers seeking to work in the United States.
This bill would also require an annual report to Congress from the
Department of Homeland Security (DHS) enumerating the adjudicative
outcomes of O-1B petitions with a focus on the relationship between the
USCIS decision and the recommendation provided in the labor union
consultation.
Although H.R. 3636 deals specifically with the O-1B visa, the O
nonimmigrant classification is commonly sub-classified in the following
categories:
O-1A: individuals with an extraordinary ability in the sciences,
education, business, or athletics not including the arts, motion
pictures or television industry);
O-1B: individuals with an extraordinary ability in the arts or
extraordinary achievement in motion picture or television industry; and
O-2: individuals who will accompany an O-1, artist or athlete, to
asset in a specific event or performance.
For an O-1A, the O-2's assistance must be an ``integral part'' of the
O-1A's activity.
For an O-1B, the O-2's assistance must be ``essential'' to the
completion of the O-1B's production.
The O-2 worker has critical skills and experience with the O-1 that
cannot be readily performed by a U.S. worker and which are essential to
the successful performance of the O-1.
In creating the O-1B visa category, Congress sought a balance between
the need for global interchange of creative professionals, and the need
to prevent entertainment producers from abusing the immigration laws
and the ability of individuals to obtain a visa for extraordinary
ability.
In doing so, Congress created the O nonimmigrant visa, pursuant to an
amendment to the Immigration Act of 1990 (IMMACT), for individuals who
possesses extraordinary ability in the sciences, arts, education,
business, or athletics, or who have a demonstrated record of
extraordinary achievement in the motion picture or television industry
and have been recognized nationally or internationally for those
achievements.
The changes under IMMACT led to unintended conflicts between labor
and management in the industry.
Labor and management reached a settlement, reflected in current law
and regulations that give weight, but not control, to labor union
advisory opinions of the abilities and professional prestige of foreign
artists and performers sought by industry management.
By requiring that USCIS provide a copy of the 0-1B petition decision
to the labor union that was consulted, H.R. 3636 will provide labor
unions with important data allowing them to see how their consultations
are used by the adjudication agency.
H.R. 3636 will reinforce the labor union's position in the
adjudication process and lay the groundwork for further legislative
action if the newly provided information suggests that more reform is
warranted.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from California (Mrs. Mimi Walters) that the House suspend
the rules and pass the bill, H.R. 3636, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
The title of the bill was amended so as to read: ``A bill to amend
the Immigration and Nationality Act to allow labor organizations and
management organizations to receive the results of visa petitions about
which such organizations have submitted advisory opinions.''.
A motion to reconsider was laid on the table.
____________________