[Congressional Record (Bound Edition), Volume 162 (2016), Part 6]
[House]
[Pages 8591-8594]
[From the U.S. 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

[[Page 8592]]

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.
  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

[[Page 8593]]

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 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.

[[Page 8594]]

  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.

                          ____________________