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108th CONGRESS
2d Session
H. R. 4415
To amend the Immigration and Nationality Act to eliminate the
``specialized knowledge'' basis for obtaining nonimmigrant status as an
intracompany transferee, to impose an annual numerical limitation on
nonimmigrant visas for such transferees, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 20, 2004
Mr. Hyde introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on
Education and the Workforce, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
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A BILL
To amend the Immigration and Nationality Act to eliminate the
``specialized knowledge'' basis for obtaining nonimmigrant status as an
intracompany transferee, to impose an annual numerical limitation on
nonimmigrant visas for such transferees, and for other purposes.
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 ``Save American Jobs Through L Visa
Reform Act of 2004''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Testimony given at a February 4, 2004, hearing of the
Committee on International Relations of the House of
Representatives indicated that there is widespread abuse by
companies subcontracting to other companies nonimmigrants who
obtained status under the Immigration and Nationality Act by
satisfying the requirements for intracompany transferees with
``specialized knowledge''. Such testimony included that of two
United States citizens displaced from their jobs by such
nonimmigrants.
(2) Further evidence of abuse was indicated by such
citizens citing cases, including their own, where a citizen's
employment was terminated after the citizen trained such
intracompany transferees to perform the citizen's job.
(3) This testimony also indicated that significant numbers
of intracompany transferees admitted to the United States due
to claimed possession of ``specialized knowledge'' do not, in
fact, possess that prerequisite ``specialized knowledge'' at
the time of entry into the United States.
(4) Employers have used the intracompany transferee visa
program to fill thousands of positions in the United States.
57,245 such visas were issued in fiscal year 2003, at the same
time as United States unemployment in information technology
specialities increased. The admission of intracompany
transferees with ``specialized knowledge'' therefore flooded a
job market which had already become highly competitive due to
job losses.
(5) Consular officers overseas continue to document
pervasive fraud in intracompany transferee nonimmigrant visa
petitions filed in certain countries. In China, for example,
recent statistics provided by the United States Embassy in
Beijing to a visiting congressional staff delegation in
February 2004 reported an intracompany transferee nonimmigrant
visa fraud rate of about 40 percent, in petitions received
since fiscal year 2000, with similar fraud rates reported for
other areas of China as well.
SEC. 3. ELIMINATION OF NONIMMIGRANT VISAS FOR INTRACOMPANY TRANSFEREES
WITH SPECIALIZED KNOWLEDGE.
(a) In General.--Section 101(a)(15)(L) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(L)) is amended by striking
``managerial, executive, or involves specialized knowledge,'' and
inserting ``managerial or executive,''.
(b) Conforming Amendments.--Section 214(c)(2) of the Immigration
and Nationality Act (8 U.S.C. 1184(c)(2)) is amended--
(1) by amending subparagraph (D) to read as follows:
``(D) The period of authorized admission for a nonimmigrant
admitted under section 101(a)(15)(L) shall not exceed 7 years.''; and
(2) by striking subparagraph (B) and redesignating
subparagraphs (C) through (E) as subparagraphs (B) through (D),
respectively.
SEC. 4. IMPOSITION OF ANNUAL NUMERICAL LIMITATION.
Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C.
1184(c)(2)), as amended by section 3 of this Act, is further amended by
adding at the end the following:
``(E) The total number of aliens who may be issued visas or
otherwise provided nonimmigrant status during any fiscal year
(beginning with fiscal year 2005) under section 101(a)(15)(L) may not
exceed 35,000. The numerical limitation in the preceding sentence shall
apply only to principal aliens and not to the spouses or children of
such aliens. The provisions of subsection (g)(3) shall apply to visas
subject to this subparagraph in the same manner as such provisions
apply to visas subject to subsection (g)(1).''.
SEC. 5. REMOVAL OF INTRACOMPANY TRANSFEREES FROM CLASSES OF ALIENS NOT
PRESUMED TO BE IMMIGRANTS.
Section 214(b) of the Immigration and Nationality Act (8 U.S.C.
1184(b)) is amended by striking ``subparagraph (L) or (V) of section
101(a)(15),'' and inserting ``section 101(a)(15)(V),''.
SEC. 6. SENSE OF CONGRESS REGARDING PAYMENT OF PREVAILING WAGE.
It is the sense of the Congress that employers of nonimmigrants
described in section 101(a)(15)(L) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(L)) should pay such nonimmigrants wages that
are at least the greater of--
(1) the actual wage level paid by the employer to all other
individuals with similar experience and qualifications for the
specific employment in question; or
(2) the prevailing wage level for the occupational
classification in the area of employment.
SEC. 7. EFFECTIVE DATE.
The amendments made by this Act shall take effect on the date of
the enactment of this Act and shall apply to nonimmigrant visas issued,
or nonimmigrant status provided, under section 101(a)(15)(L) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(L)) on or after
such date. Such amendment shall not be construed as--
(1) invalidating any visa issued under such section before
such date; or
(2) otherwise affecting any alien provided nonimmigrant
status under such section before such date.
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