Speech #910126409

Moreover. the 2year foreign residency requirement could be waived if the foreign country of the aliens nationality or last residence furnished the Attorney General a written statement that it has no objection to such waiver. The present grounds of waiver in instances where the aliens U.S. citizen spouse or children would experience extreme hardship or where the Department of State. pursuant to the request of another agency. has requested a waiver as being strongly in the national interest. would be retained. Under the bill nonimmigrant visas would be available to persons employed by a corporation or other legal entity and who are coming to the United States temporarily in order to continue to render his services to the same employer at a branch office. affiliate. or subsidiary in a capacity that is executive. managerial. or involves specialized knowledge. International corporations and other entities have experienced great difficulty in expeditiously transferring high level personnel into the United States. Their inability readily to make such transfers has inhibited the usefulness of foreign nationals important to the expansion of foreign markets. In most cases. these individuals plan to come to the United States for a period of practical work and training and eventually to return to a foreign country. Such individuals should receive nonimmigrant visas rather than immigrant visas when the alien clearly does not desire to become an immigrant. The issuance of an immigrant visa would deprive another applicant of a visa. Limited statutes of limitation on deportation would be imposed for the following three classes of aliens: First. permanent resident aliens who became permanent residents before the age of 14. Second. permanent resident aliens who have resided continuously in the United States for 20 years. except the statute of limitations is inapplicable for aliens guilty of fraudulent entry. and Third. permanent resident aliens who engaged in deportable conduct more than 10 years prior to the institution of deportation proceedings. except for fraudulent entry. There are two basic reasons for establishing statutes of limitation for deportation. In the case of aliens who would fall under the provisions just mentioned. in many cases. there is no country to which the alien has ties substantial enough to deport him to that country. Moreover. when an alien became a permanent resident at an early age or when an alien has spent the major portion of his life in the United States. he should receive the same punishment for illegal conduct as a citizen would receive. If the alien has engaged in antisocial behavior he should be punished under the appropriate State or Federal law. The limited nature of the statutes of limitation proposed in my bill should not result in any curtailment of efforts to combat organized crime. Few deportation actions have been instituted against aliens engaged in organized crime. Special immigrant status would be accorded to aliens who seek to enter the United States to perform religious duties for a bona fide religious denomination where the immigrant has worked 2 years prior to application for that denomination. Under the present law special immigrant status is accorded to ministers. This provision would expand the use of special immigrant visas to any persons who perform religious duties. Under the present law. such persons must usually await nonpreference numbers. which are not readily available. and. in fact. are totally unavailable for some countries. As a result of the current status of the nonpreference category. many bona fide religious organizations are experiencing extreme difficulty in bringing to the United States persons needed to perform religious duties. This provision has three intrinsic safeguards to prevent entry of undesirable aliens. The intending immigrant must have worked for the denomination for 2 years prior to entry. the organization must be a bona fide religious organization. and the person must be engaged in religious duties. The bill incorporates the provisions of H.R. 13999 which I introduced on September 25. 1969. This provision would amend section 212(a)(14) so that the availability of sufficient workers who are able. willing. qualified. and available to fill a certain position is determined at the place to which the alien is destined to perform such skilled or unskilled labor.