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NONIMMIGRANT VISAS

THURSDAY, MAY 20, 1976

HOUSE OF REPRESENTATIVES,
SUBCOMMITTEE ON IMMIGRATION,

CITIZENSHIP, AND INTERNATIONAL LAW OF THE

COMMITTEE ON THE JUDICIARY,

Washington, D.C. The subcommittee met, pursuant to notice, at 10:12 a.m., in room 2141, Rayburn House Office Building, Hon. Joshua Eilberg [chairman of the subcommittee] presiding.

Present: Representatives Eilberg, Holtzman, and Fish.

Also present: Garner J. Cline, Arthur P. Endres, Jr., counsel; Janice A. Zarro, assistant counsel; and Alexander B. Cook, associate counsel.

Mr. EILBERG. The subcommittee will come to order. During this subcommittee's investigation over the last several years regarding the illegal alien problem we have learned that the presence of perhaps several million such aliens has had a devastating impact on the domestic labor market.

With unemployment averaging about 7.8 percent it is vital that the American workingman be protected from any such impact and we have processed legislation, H.R. 8713 to accomplish this objective. I do understand at the moment that the Senate is actively considering similar legislation. At the same time we must insure that those nonimmigrants who enter the United States legally in categories which permit work do not disadvantage citizens who are legal residents.

In this regard I am increasingly concerned that a large number of persons admitted as E treaty traders or L, intracompany transferees are not qualified or even if they do technically qualify under a broad reading of our immigration laws, that they are adversely affecting American workers.

For this reason I have introduced H.R. 11157 to redirect eligibility for the intracompany transferees, thereby eliminating those that demonstrate they may have specialized knowledge of a special occupation.

My proposal would limit the L petitions that can be approved for a single employer. I have received complaints that the L system is currently being abused and I hope to consider some of the problems related to the L visa and demonstrate the need for remedial legislation along the lines of my bill, H.R. 11157.

(175)

Mr. EILBERG. Our first witness will be Loren E. Lawrence, Acting Administrator, Bureau of Security and Consular Affairs of the Department of State.

Mr. Lawrence, we welcome you with us this morning and regret that your chief is elsewhere. We are very delighted to have you substitute for him. Would you identify the gentlemen with you?

TESTIMONY OF LOREN E. LAWRENCE, ACTING ADMINISTRATOR, BUREAU OF SECURITY AND CONSULAR AFFAIRS, DEPARTMENT OF STATE, ACCOMPANIED BY J. DONALD BLEVINS, ACTING DIRECTOR, VISA OFFICE, DEPARTMENT OF STATE; AND CORNELIUS D. SCULLY, CHIEF, REGULATIONS AND LEGISLATION DIVISION, VISA OFFICE, DEPARTMENT OF STATE

Mr. LAWRENCE. I have with me Mr. J. Donald Blevins, Acting Director of the Visa Office and Mr. Cornelius D. Scully, Chief of Regulations and Legislation Division of the Visa Office.

Mr. EILBERG. Please proceed in any manner you wish.

Mr. LAWRENCE. Thank you, Mr. Chairman. Mr. Chairman, members of the subcommittee, I am pleased to be here today to continue this series of oversight hearings into the nonimmigrant visa function. As you know, Mr. Walentynowicz is out of the country attending very important consular conferences in the Caribbean area and in Latin America and he regrets very much that he could not be here today, but I will attempt to cover for him the subjects you wish to discuss.

First, if I may, I will describe briefly the intracompany transferee category-nonimmigrants defined in section 101(a)(15) (L) of the Immigration and Nationality Act and I will then comment upon your bill, Mr. Chairman, H.R. 11157.

Section 101 (a) (15) (L) of the act permits the issuance of a nonimmigrant L-1 visa to an alien employee of a firm, corporation or other legal entity who is being transferred temporarily to the United States to continue rendering services to the same employer, or affiliate or subsidiary thereof.

Classification under this section of the act requires the filing of a petition with the Immigration and Naturalization Service, and for approval the petition must satisfactorily evidence that the alien has been continuously employed in the employing entity for at least 1 year and the services to be rendered are managerial, executive or involve specialized knowledge.

L-2 visas may also be issued to the accompanying spouse and children of a principal alien for whom an L petition has been approved. Upon receipt of an approved L petition it is the responsibility of the consular officer to verify that the alien beneficiary of the petition has been employed by the concerned firm for at least 1 year in a managerial or executive position, or in one calling for specialized knowledge. If any discrepancy is disclosed which reflects upon the alien's qualifications under the requirements of section 101(a) (15) (L), the petition is returned to the approving office of the Immigration and Naturalization Service for further consideration. It is also noted that while this section of the act does not require that the alien specifically establish a present residence abroad which he has no intention of abandoning, the consular officer must be satisfied that the alien is entering the United States on a temporary transfer and will return to employment abroad following completion of his temporary assignment.

If the transfer is intended to be permanent, the alien would not qualify for a nonimmigrant L visa, and an immigrant visa application would be necessary.

With that brief description of the intracompany transferee category, I will now proceed to our comment upon your bill, H.R. 11157.

Your bill would, first, make a series of amendments to section 245 of the act and would, second, make two amendments to section 101 (a) (15) (L), which provides a nonimmigrant classification for intracompany transferees.

The amendments of section 245 would remove the existing prohibition against adjustment of status by Western Hemisphere natives and would add prohibitions against adjustment by

1. Aliens other than immediate relatives who continue in or accept unauthorized employment prior to applying for adjustment;

2. Aliens admitted in transit without a visa-now prohibited by regulation from adjustment of status; and

3. Aliens other than immediate relatives who were admitted as nonimmigrants pursuant to sections 101 (a) (15) (F), (H), or (L).

The Department favors the removal of the present bar against adjustment of status by Western Hemisphere natives. The Department also favors prohibiting adjustment of status by those who have been employed illegally in the United States prior to filing for adjustment of status, as well as incorporating into statute the present regulatory prohibition against adjustment of status by aliens admitted in transit without a visa.

On the other hand, we have some reservations about the wisdom of prohibiting adjustment of status on a general across-the-board basis for aliens admitted as students, temporary workers and trainees, and intracompany transferees other than those who qualify as immediate relatives.

It must be borne in mind that prohibiting the adjustment of status of such aliens will not prevent their acquiring permanent residence since the option of obtaining an immigrant visa remains open to them. Moreover, under the present rules and procedures for immigrant visa processing, an alien in the United States can initiate the processing of his application by mail from the United States and may remain in the United States throughout the course of the processing up to the day on which his appointment for final action is scheduled. At that point, it is necessary, of course, that the alien proceed abroad for the interview and visa issuance, if he is eligible in all respects. Thus, a prohibition against adjustment of status will not delay an alien's acquisition of permanent residence, but will rather cause him to undergo whatever degree of hardship or inconvenience may be involved in traveling abroad for final action in his case.

Depending upon the sums of money involved and the alien's financial situation that may amount to a minor irritation or a major hardship.

On the other hand, there appears to be a great deal of symbolic value attached to the ability to adjust status. Many people are unaware of the details of the immigrant visa procedures and tend to view the question in an emotional way.

Also the cost of traveling abroad to complete the immigrant visa process can be very great for a large family group whose cases are being processed at a distant consular office, especially so if no valid basis is perceived for imposing the requirement upon them.

In summary, we believe that the prohibition against adjustment of status should be confined to situations in which the governmental interest in imposing the additional hardship or inconvenience upon the alien is so clear as to outweigh the possible arguments against it. Prohibitions against adjustment of status by aliens admitted in transit without a visa, by alien crewmen, and by aliens who have been illegally employed in the United States seem to us to meet that standard. A prohibition against adjustment by alien students, temporary workers and trainees and intracompany transferees on a general basis does not seem to us to meet the standard.

Nevertheless, the Department recognizes that there are cases of aliens admitted as nonimmigrants who subsequently apply for adjustments of status and who can be seen to have used their admission as

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