Speech #900007575

Mr. Speaker. I have recently introduced legislation to amend section 212(e) of the Immigration and Nationality Act. That section of the act pertains to exchange visitors who come here under the Mutual Exchange Act of 1961. By definition of law. "exchange visitors" include such people as students. trainees. teachers. instructors. professors. leaders. experts in fields of specialized knowledge or skills. and other influential or distinguished individuals. performing artists and athletes. The law now requires that such exchange visitors leave the United States for a period of at least 2 years before they may be eligible to apply for an immigrant visa or apply for permanent residence in the United States. There are only two ways in which this foreign residency requirement may be overcome. One of these permits the Attorney General of the United States to waive the requirement if the Secretary of State recommends such action upon the request of an interested U.S. Government agency. Waivers granted under this provision are extremely rare. The second method whereby an exchange visitor can obtain a waiver of the residency requirement is if the Commissioner of the Immigration and Naturalization Service finds that the departure of the visitor from the United States will 21.82 result in exceptional hardship to the visitors spouse or child. Here again. the tendency is to grant such waivers only in rare cases. I am sure that many of my colleagues have encountered the problems occasioned by the strict interpretation of the waiver provisions and have found that it is almost impossible to gain any type of administrative relief for those mutual exchange visitors and their families when it comes time for the foreign residency requirement to be fulfilled.