[Congressional Record Volume 164, Number 123 (Monday, July 23, 2018)]
[House]
[Pages H6620-H6621]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           KNOWLEDGEABLE INNOVATORS AND WORTHY INVESTORS ACT

  Mr. GOODLATTE. Mr. Speaker, I move to suspend the rules and pass the 
bill (S. 2245) to include New Zealand in the list of foreign states 
whose nationals are eligible for admission into the United States as E-
1 and E-2 nonimmigrants if United States nationals are treated 
similarly by the Government of New Zealand.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                S. 2245

       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 ``Knowledgeable Innovators and 
     Worthy Investors Act'' or the ``KIWI Act''.

     SEC. 2. NONIMMIGRANT TRADERS AND INVESTORS.

       For purposes of clauses (i) and (ii) of section 
     101(a)(15)(E) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(15)(E)), New Zealand shall be considered to be 
     a foreign state described in such section if the Government 
     of New Zealand provides similar nonimmigrant status to 
     nationals of the United States.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Virginia (Mr. Goodlatte) and the gentleman from Maryland (Mr. Raskin) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Virginia.


                             General Leave

  Mr. GOODLATTE. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on S. 2245, currently under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Virginia?
  There was no objection.
  Mr. GOODLATTE. Mr. Speaker, I yield myself such time as I may 
consume.

[[Page H6621]]

  Mr. Speaker, E-1 visas are nonimmigrant visas available for treaty 
traders, and E-2 visas are available for treaty investors.
  Pursuant to the Immigration and Nationality Act, these visas are 
available to aliens who are ``entitled to enter the United States under 
and in pursuance of the provisions of a treaty of commerce and 
navigation between the United States and the foreign state of which he 
is a national, and their spouse and children . . . solely to either 
carry on substantial trade, including trade in services or trade in 
technology, principally between the United States and the foreign state 
of which he is a national, or to develop and direct the operations of 
an enterprise in which he has invested . . . a substantial amount of 
capital. . . . ''
  Alien employees of treaty traders and treaty investors may receive 
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 the enterprise.''
  There are no numerical caps on E-1 or E-2 visas. Aliens 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 since at 
least 1815, when we entered into a Convention to Regulate Commerce with 
the United Kingdom.

                              {time}  1645

  Currently, the nationals of 83 countries are eligible for E-1 or E-2 
status. In fiscal year 2017, in total, about 50,000 E-1 and E-2 visas 
were issued.
  In the past, countries became eligible for the E-1 and E-2 programs 
through treaties signed with the United States. However, in 2003, the 
Judiciary Committee reached an understanding with the U.S. Trade 
Representative that no immigration provisions were to be included in 
future trade agreements. Henceforth, legislation would be required to 
add countries.
  The bill we are considering today, S. 2245, makes New Zealand 
nationals eligible for E-1 and E-2 visas. I want to thank Mr. Issa for 
all of his work on this issue, and for introducing companion 
legislation in the House. I am also appreciative of the Embassy of New 
Zealand for seeking E visa status in the right way.
  I urge my colleagues to support S. 2245, and I reserve the balance of 
my time.
  Mr. RASKIN. Mr. Speaker, I yield myself such time as I may consume.
  S. 2245, the Knowledgeable Innovators and Worthy Investors Act, or 
KIWI Act, is bipartisan legislation to allow citizens of New Zealand to 
participate, along with the people of more than 80 other countries, in 
the E-1 and E-2 visa programs for treaty traders and treaty investors, 
so long as New Zealand provides the same reciprocal treatment to 
citizens of the United States.
  I favor this commonsense bill that will facilitate trade by making it 
easier for New Zealanders to invest here and will lead to the creation 
of new jobs in the United States.
  The E-1 treaty trader program provides temporary visas to employees 
of firms engaged in substantial trade with our country. The E-2 treaty 
investor program provides temporary visas to foreign investors who make 
substantial investments in American enterprise.
  These visas help increase trade with and direct investments in the 
U.S. More than 80 countries already participate in the programs, 
including almost all of our democratic allies and trading partners. Yet 
New Zealand, one our closest and dearest allies, is not on the list.
  There are already many New Zealand companies in the U.S., just as 
there are many of our companies in New Zealand. In 2016, our two 
countries engaged in approximately $12 billion of bilateral trade in 
goods and services; and the U.S. is already the second most popular 
destination for New Zealand foreign investment, accounting for 17 
percent of all foreign investment by New Zealanders in 2016, for a 
total of $3.2 billion dollars.
  Bringing New Zealand into the E-1 and E-2 programs will increase 
trade and bilateral investment flows, helping both of our countries 
accelerate economic growth and job creation.
  While so much of our foreign policy is consumed today with dangerous 
and counterproductive trade wars against our allies, which is harmful 
to our farmers, especially our soybean, corn, and livestock farmers, I 
am glad that this bill will actually strengthen ties with one of 
America's closest and most steadfast allies.
  Congratulations are in order for Senator Hirono, who championed this 
bill in the Senate, where it passed last month by unanimous consent. I 
also congratulate my Judiciary colleague, Darrell Issa, who authored 
the companion bill in the House. They both deserve credit for 
identifying this deficiency in our immigration laws and working across 
the aisle to craft a smart solution that has gained broad support in 
the body for adoption. Our country will be more prosperous and so, 
presumably, will be New Zealand as a result of their efforts.
  I also want to thank Chairman Goodlatte and Chairwoman Ileana Ros-
Lehtinen of the Foreign Affairs Committee for their support and work on 
behalf of this important legislation.
  I urge my colleagues to support S. 2245, the KIWI Act.
  Mr. Speaker, I yield back the balance of my time.
  Mr. GOODLATTE. Mr. Speaker, I want to thank the gentleman from 
Maryland and Ranking Member Nadler and others for their work on this 
legislation, as well as Congressman Issa and Senator Hirono. This is 
very good legislation and it's overdue. I urge my colleagues to support 
it.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Collins of New York). The question is on 
the motion offered by the gentleman from Virginia (Mr. Goodlatte) that 
the House suspend the rules and pass the bill, S. 2245.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

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