July 28 2003

On July 24 Representative Nancy Johnson (D-CT) and Senator Chris Dodd (D-CT) introduced parallel bills, H.R. 2849 and S. 1452 respectively, which would substantially restrict and curtail the L visa and H-1B visa programs.

The L visa allows for an intra-company transfer to a U.S.-based parent or subsidiary for executives, managers, and workers with specialized knowledge. The proposed legislation would impose new restrictions by requiring the sponsoring U.S. employer to make attestations to the Department of Labor regarding the wage offerred and any displacement of U.S. workers. The U.S. employer would also be required to test the labor market. Currently, employers sponsoring L visa holders are free from any Department of Labor oversight or labor market testing. Also, the maximum periods of stay on L visas would be reduced from seven and five years (depending on whether the visa is for an executive/manager or a worker with specialized knowledge), to five and three years respectively.

The H-1B visa allows professionals to work temporarily in the U.S. in a specialty occupation. The proposed legislation would require ALL H-1B employers to make additional attestations to the Department of Labor regarding the displacement of U.S. workers. Furthermore, the additional $1,000 fee which is scheduled to sunset October 1, 2003, will be made permanent.