June 3, 2004
New Bill Calls For L Visa Program Reform
On May 20, 2004, Henry Hyde (R-IL) Chair of the House International Relations
Committee introduced an alarming bill “Save American Jobs Through L Visa
Reform Act of 2004” to amend the Immigration and Nationality Act regarding
the nonimmigrant intracompany transferee visas. Specifically, Henry Hyde(R-IL)
proposed the elimination of the “specialized knowledge” basis to obtain
a nonimmigrant visa as an intracompany transferee. The bill would only allow
intracompany transferee nonimmigrant visas to be available only for managerial
and executive positions. Further, Henry Hyde (R-IL) proposes to implement
an annual numerical limit on nonimmigrant visas issued to such transferees.
Starting with fiscal year 2005, the number of such visas should be limited
to 35,000. Henry Hyde (R-IL) also proposed a 7 year limit for admission
on nonimmigrant status for intrancompany transferee managers and executives.
The bill requires that in order for companies to use this nonimmigrant
visa to transfer managers and executive in the United States, they must
pay wages that are at least/ or greater of the wages paid to other employees
in the company with similar experience and qualifications. Also, the company
has to meet the prevailing wage requirement in the area of employment for
the sponsored position.
The bill was referred to the Committee on the Judiciary and to the Committee
on Education and the Workforce. The L-1 visa program has come under intense
scrutiny due to erroneous beliefs that companies take advantage of loopholes
in the immigration system to transfer their employees to the United States,
forcing American workers out of their jobs. The L-1 visa program provides
multinational companies with a convenient way to shift personnel among their
offices. This bill fails to take into consideration that foreign companies
which invest in the United States need to bring their key employees, and
they count on the L-1 visa category to do that. GT will keep you posted
on this piece of legislation and anything further in the L-1 debate.
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