L visa
Senate Committee Passes Narrowly Targeted L Visa Reform Legislation
The Senate Judiciary Committee approved a measure on September 30 that would tighten restrictions on the L-1 visa category. The legislation (S. 1635), introduced by Senator Saxby Chambliss (R-GA), would amend the L-1B visa category. The Committee approved the measure by voice vote, with an amendment in the nature of a substitute that tightened some of the language in the bill as originally introduced. The bill now moves to the full Senate for further consideration.
Specifically, S. 1635 would:
• Modify INA § 214(c)(2) to prevent an L-1B visa holder from being primarily stationed at the worksite of another employer in cases where: (1) the L-1B visa holder will be controlled and supervised by an unaffiliated employer, or (2) the placement of the L-1B visa holder at the third party site is part of an arrangement to provide labor for the third party rather than placement at the third party site in connection with the provision of a product or service involving specialized knowledge specific to the petitioning employer.
• Strike from INA § 214(c)(2)(A) the provision permitting the six-month work requirement for
L-1 blanket petitions.
• Require the Department of Homeland Security to maintain statistics on petitions filed for L-1 visas, including the number of L-1B petitions approved where the visa holder will work primarily offsite.
Any legislation seeking to reform the L visa program must recognize that the L program is a vital tool for U.S. companies that have an international presence, and international firms looking to expand their offices to the U.S. If Congress unnecessarily limits the legitimate use of this visa program, both foreign investment in the U.S. and the work of international companies based in the U.S. would be impeded, with the consequence that American jobs would be lost rather than protected.
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