[House Report 107-187]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    107-187

======================================================================



 
 TO PROVIDE FOR WORK AUTHORIZATION FOR NONIMMIGRANT SPOUSES OF TREATY 
                      TRADERS AND TREATY INVESTORS

                                _______
                                

 August 2, 2001.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2277]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 2277) to provide for work authorization for 
nonimmigrant spouses of treaty traders and treaty investors, 
having considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     1
Background and Need for the Legislation..........................     2
Hearings.........................................................     2
Committee Consideration..........................................     2
Vote of the Committee............................................     3
Committee Oversight Findings.....................................     3
Performance Goals and Objectives.................................     3
New Budget Authority and Tax Expenditures........................     3
Congressional Budget Office Cost Estimate........................     3
Constitutional Authority Statement...............................     4
Section-by-Section Analysis and Discussion.......................     4
Changes in Existing Law Made by the Bill, as Reported............     4
Markup Transcript................................................     5

                          Purpose and Summary

    H.R. 2277 would allow the spouses of E visa recipients to 
work in the United States while accompanying the primary visa 
recipients.

                Background and Need for the Legislation

    E visas are available for treaty traders and investors. An 
E visa is available to an alien who:

        is 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 the spouse and 
        children of any such alien if accompanying or following 
        to join him: 1) solely to 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 2) solely to 
        develop and direct the operations of an enterprise in 
        which he has invested . . . a substantial amount of 
        capital.\1\
---------------------------------------------------------------------------
    \1\ Immigration and Nationality Act Sec. 101(a)(15)(E).

    Alien employees of a treaty trader or treaty investor may 
receive E visas if they are coming to the U.S. 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.\2\ The alien 
employee would need to be of the same nationality as the treaty 
trader or investor.\3\ E visas are issued directly by the State 
Department (requiring no preliminary petition to the INS). Visa 
recipients can stay in the U.S. for as long as they maintain 
their status.\4\ In fiscal year 1998, 9,457 aliens (including 
dependents) were granted E visas as treaty traders, and 20,775 
aliens (including dependents) were granted E visas as treaty 
investors.
---------------------------------------------------------------------------
    \2\ 22 C.F.R. Sec. 41.51(c).
    \3\ 22 C.F.R. Sec. 41.51(a)(1).
    \4\ 9 Foreign Affairs Manual Sec. 41.51 n.14.
---------------------------------------------------------------------------
    While current law allows spouses (and minor children) to 
come to the U.S. with the E visa recipients, spouses are not 
allowed to work in the U.S. Since working spouses are now 
becoming the rule rather than the exception in the U.S. and 
many foreign countries, multi-national corporations are finding 
it increasingly difficult to persuade their employees abroad to 
relocate to the United States. Spouses hesitate to forgo their 
own career ambitions or a second income to accommodate an 
overseas assignment. This factor places an impediment in the 
way of the use by employers from treaty countries of the E visa 
program and their contributing to trade with and investment in 
the United States. Thus, H.R. 2277 would allow the spouses of E 
visa recipients to work in the United States while accompanying 
the primary visa recipients.

                                Hearings

    No hearings were held on H.R. 2277.

                        Committee Consideration

    On June 27, 2001, the Subcommittee on Immigration and 
Claims met in open session and ordered favorably reported the 
bill H.R. 2277, by a voice vote, a quorum being present. On 
July 24, 2001, the Committee met in open session and ordered 
favorably reported the bill H.R. 2277 without amendment by a 
voice vote, a quorum being present.

                         Vote of the Committee

    No recorded votes were held on H.R. 2277.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee reports that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

                    Performance Goals and Objectives

    H.R. 2277 does not authorize funding. Therefore, clause 
3(c) of rule XIII of the Rules of the House of Representatives 
is inapplicable.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of House rule XIII is inapplicable because 
this legislation does not provide new budgetary authority or 
increased tax expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 2277, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 27, 2001.
Hon. F. James Sensenbrenner, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2277, a bill to 
provide for work authorization for nonimmigrant spouses of 
treaty traders and treaty investors.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz, who can be reached at 226-2860.
            Sincerely,
                                  Dan L. Crippen, Director.

Enclosure

cc:
        Honorable John Conyers Jr.
        Ranking Member
H.R. 2277--A bill to provide for work authorization for nonimmigrant 
        spouses of treaty traders and treaty investors
    CBO estimates that enacting H.R. 2277 would result in no 
significant net cost to the Federal Government. The bill could 
affect direct spending, so pay-as-you-go procedures would 
apply, but we estimate that any net effects would be 
insignificant. H.R. 2277 contains no intergovernmental or 
private-sector mandates as defined in the Unfunded Mandates 
Reform Act and would impose no costs on State, local, or tribal 
governments.
    H.R. 2277 would permit the spouses of certain nonimmigrant 
investors and businessmen to seek employment in the United 
States. Based on information from the Immigration and 
Naturalization Service (INS), CBO estimates that the bill's 
provisions would apply to roughly 10,000 spouses annually. The 
INS would charge a fee of $100 to provide a work permit, so the 
agency could collect an additional $1 million annually in 
offsetting receipts (a credit against direct spending). The 
agency is authorized to spend such fees without further 
appropriation, so the net impact on INS spending would be 
negligible.
    The CBO staff contact for this estimate is Mark Grabowicz, 
who can be reached at 226-2860. This estimate was approved by 
Robert A. Sunshine, Assistant Director for Budget Analysis.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in article 1, section 8, clause 4 of the 
Constitution.

               Section-by-Section Analysis and Discussion

  Sec. 1. Work authorization for spouses of treaty traders and treaty 
                               investors

    Section 1 of the bill creates a new section 214(e)(6) of 
the Immigration and Nationality Act which provides that in the 
case of an alien spouse admitted under the E visa program, who 
is accompanying or following to join a principal alien admitted 
under the program, the Attorney General shall authorize the 
alien spouse to engage in employment in the United States and 
provide the spouse with an employment authorized endorsement or 
other appropriate work permit.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italics and existing law in which no change is 
proposed is shown in roman):

SECTION 214 OF THE IMMIGRATION AND NATIONALITY ACT

           *       *       *       *       *       *       *


                       admission of nonimmigrants

      Sec. 214. (a) * * *

           *       *       *       *       *       *       *

      (e)(1) * * *

           *       *       *       *       *       *       *

    (6) In the case of an alien spouse admitted under section 
101(a)(15)(E), who is accompanying or following to join a 
principal alien admitted under such section, the Attorney 
General shall authorize the alien spouse to engage in 
employment in the United States and provide the spouse with an 
``employment authorized'' endorsement or other appropriate work 
permit.

           *       *       *       *       *       *       *

                              ----------                              


                           Markup Transcript



                            BUSINESS MEETING

                         TUESDAY, JULY 24, 2001

                  House of Representatives,
                                Committee on the Judiciary,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 10:03 a.m., in 
Room 2141, Rayburn House Office Building, Hon. F. James 
Sensenbrenner, Jr. (Chairman of the Committee) presiding.
    Chairman Sensenbrenner. The Committee will be in order. A 
working quorum is present.
    The next item on the agenda is markup of H.R. 2277 to 
provide for work authorization for nonimmigrant spouses of 
treaty traders and treaty investors.
    [The bill, H.R. 2277, follows:]
    
    
    Chairman Sensenbrenner. The Chair recognizes the gentleman 
from Pennsylvania, Mr. Gekas, for purposes of a motion.
    Mr. Gekas. Mr. Chairman, the Subcommittee on Immigration 
and Claims reports favorably the bill H.R. 2277 and moves its 
favorable recommendation to the full House.
    Chairman Sensenbrenner. Without objection, the opening 
statements of the gentleman from Pennsylvania and the 
gentlewoman from Texas and all Members will be inserted in the 
record.
    [The prepared statement of Ms. Jackson Lee of Texas 
follows:]
       Prepared Statement of the Honorable Sheila Jackson Lee, a 
           Representative in Congress From the State of Texas
    Thank you Mr. Chairman.
    I support H.R. 2277. While current law allows spouses to come to 
the United States with E visa holders, spouses are not allowed to work 
in the United States. H.R. 2277 would allow these spouses work 
authorization in the United States while accompanying the E visa 
holder.
    As previously stated in reference to H.R. 2278, it does not make 
sense to allow spouses to accompany their partners to the United States 
and then deny them the opportunity to be employed. Furthermore, this 
bill makes the time these families live in the United States easier 
since it allows for a second income.
    I hope that this bill is the beginning of an understanding that we 
should allow spouses, in other nonimmigrant classifications, who 
accompany their husband or wife to the United States to be able to 
attain work authorization.
    Thank you Mr. Chairman. I yield back the balance of my time.

    Chairman Sensenbrenner. Are there any amendments to the 
bill?
    Hearing none, the Chair notes the presence of a reporting 
quorum. The question occurs on the motion to report the bill 
H.R. 2277 favorably.
    All in favor will signify by saying aye.
    Opposed, no.
    The ayes appear to have it. The ayes have it, and the 
motion to report favorably is adopted.
    Without objection, the Chairman is authorized to move to go 
to conference pursuant to House rules.
    Without objection, the staff is directed to make any 
technical and conforming changes, and all Members will be given 
2 days, as provided by House rules, in which to submit 
additional dissenting supplemental or minority views.

                                
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