[Congressional Record Volume 164, Number 187 (Wednesday, November 28, 2018)]
[House]
[Pages H9676-H9678]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            ADDING IRELAND TO E-3 NONIMMIGRANT VISA PROGRAM

  Mr. CHABOT. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 7164) to add Ireland to the E-3 nonimmigrant visa program, 
as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 7164

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. E-3 VISAS FOR IRISH NATIONALS.

       (a) In General.--Section 101(a)(15)(E)(iii) of the 
     Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)(E)(iii)) is amended by inserting ``or, on a basis 
     of reciprocity as determined by the Secretary of State, a 
     national of Ireland,'' after ``Australia''.
       (b) Employer Requirements.--Section 212 of the Immigration 
     and Nationality Act (8 U.S.C. 1182) is amended--
       (1) by redesignating the second subsection (t) (as added by 
     section 1(b)(2)(B) of Public Law 108-449 (118 Stat. 3470)) as 
     subsection (u); and
       (2) by adding at the end of subsection (t)(1) (as added by 
     section 402(b)(2) of Public Law 108-77 (117 Stat. 941)) the 
     following:
       ``(E) In the case of an attestation filed with respect to a 
     national of Ireland described in section 101(a)(15)(E)(iii), 
     the employer is, and will remain during the period of 
     authorized employment of such Irish national, a participant 
     in good standing in the E-Verify program described in section 
     403(a) of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1324a note).''.
       (c) Application Allocation.--Paragraph (11) of section 
     214(g) of the Immigration and Nationality Act (8 U.S.C. 
     1184(g)(11)) is amended to read as follows:
       ``(11)(A) The Secretary of State may approve initial 
     applications submitted for aliens described in section 
     101(a)(15)(E)(iii) only as follows:
       ``(i) For applicants who are nationals of the Commonwealth 
     of Australia, not more than 10,500 for a fiscal year.
       ``(ii) For applicants who are nationals of Ireland, not 
     more than a number equal to the difference between 10,500 and 
     the number of applications approved in the prior fiscal year 
     for aliens who are nationals of the Commonwealth of 
     Australia.
       ``(B) The approval of an application described under 
     subparagraph (A)(ii) shall be deemed for numerical control 
     purposes to have occurred on September 30 of the prior fiscal 
     year.
       ``(C) The numerical limitation under subparagraph (A) shall 
     only apply to principal aliens and not to the spouses or 
     children of such aliens.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Ohio (Mr. Chabot) and the gentleman from New York (Mr. Nadler) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Ohio.


                             General Leave

  Mr. CHABOT. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days to revise and extend their remarks and include 
extraneous materials on H.R. 7164, currently under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Ohio?
  There was no objection.
  Mr. CHABOT. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise today in support of H.R. 7164, a bill to add 
Ireland to the E-3 nonimmigrant program. The bill was introduced by the 
gentleman from Wisconsin (Mr. Sensenbrenner), the former chairman of 
the Judiciary Committee, and is a simple bill that recognizes the 
unique friendship and working relationship between the United States 
and Ireland.
  H.R. 7164 allows nationals of Ireland to be eligible to apply for 
unused E-3 nonimmigrant visas, subject to Ireland providing reciprocal 
access to U.S. nationals.
  Holders of E-3 temporary work visas must be working in a specialty 
occupation while in the United States. A specialty occupation is one 
that is defined in the Immigration and Nationality Act as requiring: 
One, ``theoretical and practical application of a body of highly 
specialized knowledge;'' and, two, ``the attainment of a bachelor's or 
higher degree in the specific specialty, or its equivalent, as a 
minimum for entry into the occupation in the United States.''
  The E-3 applicant must have a job offer from an employer in the U.S., 
and that employer must get foreign labor certification from the U.S. 
Department of Labor prior to filing a petition with U.S. Citizenship 
and Immigration Services.
  H.R. 7164 also requires that employers using Irish E-3 visa holders 
in their workforce are and will remain participants in good standing in 
the E-Verify program. This means that such employers must use E-Verify 
to ensure that those they employ are eligible to work in the United 
States.

[[Page H9677]]

  E-3 nonimmigrant visas are currently only available to nationals of 
Australia and are capped at 10,500 per year. Australian nationals have 
not ever used all of the 10,500 authorized visas in a given year, nor 
have they come close to doing so. In fact, the highest number used was 
during fiscal year 2017 when 5,657 were issued.
  H.R. 7164 provides that nationals of Ireland can utilize those visas 
not used by Australians in a given year. For operational purposes, the 
visa can be issued the following year but will be counted against the 
previous year's cap. The bill does not increase the number of visas 
authorized, and allows Australia, for whose nationals the program was 
originally created, to have first access to the numbers.
  H.R. 7164 is a simple bill that reflects the continued friendship 
between Ireland and the United States. I thank the gentleman from 
Wisconsin (Mr. Sensenbrenner) for his work and his leadership on this 
legislation, and I urge my colleagues to support the bill.
  Mr. Speaker, I reserve the balance of my time.
  Mr. NADLER. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 7164, a bill to add Ireland to 
the E-3 nonimmigrant visa program.
  In 2005, soon after the United States and Australia finalized the 
Australia-U.S. Free Trade Agreement, Congress created the E-3 program 
for Australian nationals. That program provides up to 10,500 temporary 
visas, similar to H-1B visas, for Australians seeking to work in the 
United States in what are known as specialty occupations.
  As with the H-1B program, specialty occupations are those that 
require ``theoretical and practical application of a body of highly 
specialized knowledge'' in fields such as science, engineering, and 
computer programming.
  Australia has never used more than a fraction of the 10,500 E-3 visas 
that are made available each year in the program. In light of this 
fact, this bill would add Ireland to the program, thus allowing Irish 
nationals to use some of those remaining, unused visas. As amended, the 
bill would take the number of E-3 visas left unused by Australia in a 
given fiscal year and make that same number available to Irish 
nationals the following fiscal year.
  This is a commonsense bill that recognizes the important bond we 
share with two of our country's closest and most steadfast allies.
  I congratulate my friends, Mr. Sensenbrenner, former chairman of the 
Judiciary Committee, and Mr. Neal, ranking member of the Ways and Means 
Committee--soon to be chairman of the Ways and Means Committee--for 
championing this bill. They both deserve credit for working across the 
aisle on this issue.
  I would be remiss, however, if I did not also point out the 
continuing need to reform our immigration system in a more 
comprehensive and fundamental manner. Small fixes such as this bill are 
fine, but this body also must find ways to come together to enact 
broader, more meaningful reforms of our immigration system for the good 
of the American people.
  With that, I urge my colleagues to support the bill, and I reserve 
the balance of my time.
  Mr. CHABOT. Mr. Speaker, I recognize and thank the gentleman, Mr. 
Neal, for his leadership, as well.
  Mr. Speaker, I yield 3 minutes to the gentleman from Wisconsin (Mr. 
Sensenbrenner).
  Mr. SENSENBRENNER. Mr. Speaker, I rise in support of H.R. 7164. The 
United States was built on the hard work and the determination of 
immigrants, many of them who hailed from Ireland. Through their 
perseverance, they have enabled this country to grow and prosper.
  I believe in the value and opportunity that comes with legal 
immigration. I am pleased to have authored this legislation to make the 
process more efficient for one of our oldest allies and add to the 
great legacy of cultural diversity celebrated in our country.

  This modest proposal would give Irish nationals the opportunity to 
work in the United States under the nonimmigrant visa category of the 
E-3 visa, previously reserved only for Australian nationals. Ireland, 
in the meantime, has proposed a reciprocal work visa specific to U.S. 
nationals so that those wanting to live and work in Ireland can move 
easily to do so.
  The E-3 visa is one of the most efficient U.S. visa options. The 
applicants outside the United States may apply directly at a U.S. 
consulate, thus avoiding the lengthy processing time with the U.S. 
Citizenship and Immigration Services. The visas are granted for 2-year 
periods, renewable indefinitely, and the spouses of E-3 visa holders 
are permitted to apply for employment authorization documents.
  Currently, 10,500 E-3 visas are allocated each year, yet only half of 
these are used. This legislation would allow Irish nationals to apply 
for those visas unused by Australian nationals.
  This significant addition to the U.S. immigration system will not 
only benefit Irish nationals seeking employment in the United States 
but also ease restrictions on Americans wanting to live or retire in 
Ireland.
  In conclusion, I would say that this does not increase the number of 
visas that are authorized in total. It merely allows Irish nationals to 
apply for the visas that Australian nationals do not want to use on a 
year-to-year basis.
  Mr. Speaker, I urge my colleagues to support this legislation.
  Mr. NADLER. Mr. Speaker, I yield 3 minutes to the gentleman from 
Massachusetts (Mr. Neal), the distinguished ranking member of the Ways 
and Means Committee.
  Mr. NEAL. Mr. Speaker, I thank Mr. Chabot and Mr. Sensenbrenner, as 
well as Mr. Nadler, for bringing this legislation to the floor.
  Indeed, it is bipartisan in nature. It is not an effort here to go 
beyond what the rules currently allow in terms of the cap on visas. It 
would allow Irish nationals to utilize those visas that have not been 
exhausted by Australia.
  It is, as Mr. Nadler said, not a substitute for immigration reform, 
however. We note today that the Pew Center has released new numbers on 
the issue of those who, in America, are undocumented. While these two 
issues are unrelated, it is important to point out that we still, in 
this Congress, have to come up with a solution to a long-awaited 
problem that we recognize across the Nation, and that is what to do 
about undocumented citizens.
  As Mr. Sensenbrenner also pointed out, I think with great accuracy, 
there are few stories of immigration that can be improved upon over 
what Irish immigration did in America. In the aftermath of an Gorta 
Mor, the Great Famine, that took place in the mid-1850s, more than a 
million people left Ireland and immigrated to the shores of the United 
States, and a million starved to death on the island of Ireland.
  So when you consider that the population of Ireland at that time was 
about 8\1/2\ million people and today it is about 6 million people, it 
is understandable as to what that relationship has meant. And America, 
to its everlasting credit, land of the free and home of the brave, 
welcomed them.
  The story that they told in succeeding generations--first, second, 
third generations--of which I enjoy that same privilege, it is pretty 
extraordinary. I call attention to that because I still think that the 
rest of the world desires to send many of its best to the United 
States.
  It is still, for all of us, this notion that, today, because of the 
simplicity of travel, you can move back and forth. But what is, I 
think, a very important component of the story that we just related, 
when they left, whether it was in the 1850s or, in the case of one 
grandmother, no return, they were in with both feet. I think what we 
are pointing out today is that this is still an incredibly strong 
relationship.
  I think Mr. Sensenbrenner was right on target with the commentary 
that he offered about the reciprocal agreement here. We are not 
substituting anything. We are simply saying that, for those
E-3s that are not utilized, Ireland will be able to take advantage of 
it.
  I again point out that this relationship, for as long as I can 
remember, has been one of the great relationships in terms of allies 
that we have had in the history of America.
  Mr. CHABOT. Mr. Speaker, I yield 2 minutes to the gentleman from 
Wisconsin (Mr. Gallagher).
  Mr. GALLAGHER. Mr. Speaker, I appreciate the opportunity to speak on 
this bipartisan legislation spearheaded by my distinguished colleague 
from Wisconsin.

[[Page H9678]]

  As a Gallagher in good standing, I am glad this bill will strengthen 
our Nation's ties with Ireland. But just as importantly, I take a 
minute to recognize the value of the underlying E-3 visa program to the 
U.S.-Australia alliance.
  The E-3 visa program was negotiated in 2005 following the conclusion 
of the U.S.-Australia Free Trade Agreement. The visa is designed to 
give highly skilled and professional Australians access to U.S. 
employment in fields and trades that require specialized education and 
training.
  It is good for both the United States and Australia. About 82,000 
Americans are employed by Australian businesses in the United States, 
for example, with an average salary of $98,000.
  In just one example, the very first employee of the Movember 
Foundation in the United States was an Australian who came over on an 
E-3 visa. Movember is now one of the largest nongovernment investors in 
prostate cancer research and services in the world, growing its 
footprint here in the United States as it has created jobs while doing 
good.
  This program is a tangible recognition of the close and enduring 
partnership, or mateship, as we say, between the United States and 
Australia, which we are celebrating the 100-year anniversary of this 
year.
  Our alliance remains one that not only drives our prosperity but our 
security as well. As a pillar of a free and open Indo-Pacific, 
Australia is an indispensable ally in an increasingly contested region, 
and we would be wise to continue exploring new avenues to further 
strengthen our relationship.
  This legislation is an important opportunity to expand our 
partnership with Ireland, while preserving the original intent of the 
E-3 visa program with Australia, and I urge my colleagues to support 
this bill.

                              {time}  1715

  Mr. NADLER. Mr. Speaker, I have no further speakers, and I yield 
myself the balance of my time.
  I again urge every Member on both sides of the aisle to vote for this 
bill. I applaud the bipartisan nature of it. I applaud Mr. 
Sensenbrenner and Mr. Neal and Mr. Chabot for their roles in it, and 
this is a useful thing to do. I urge passage of the bill.
  Mr. Speaker, I yield back the balance of my time.
  Mr. CHABOT. Mr. Speaker, I yield myself the balance of my time.
  In closing, I just want to also thank all the folks who were 
previously mentioned by my colleague, the gentleman from New York (Mr. 
Nadler).
  This is, I think, a very good bill. It is great to see something 
bipartisan around here get passed; and as we are wrapping up this year 
and this Congress, it is good to see this good legislation being 
passed. I strongly encourage my colleagues to support this.
  Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Ohio (Mr. Chabot) that the House suspend the rules and 
pass the bill, H.R. 7164, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________