Speech #910173430

The proposed amendment to section 101(a) (15) (H) (i) would allow professors. doctors. and other individuals of distinguished merit and ability to fill permanent positions in universities and other institutions for a limited period. The present restrictive nature of the law often deprives our students and institutions the benefit of knowledge and services of these exceptional persons. The restriction of this visa to persons of distinguished merit and ability will assu.e that there is no one in the domestic labor market capable of providing comparable services. The terms "distinguished merit and ability" have been interpreted in judicial and administrative decisions to require a degree of skill and recognition substantially beyond the ordinary. A further amendment to section 101 (a) (15) (H) would delete the word "industrial" from subsection (iii). This amendment would permit alien trainees to enter the United States to engage in training other than of an industrial nature. The Immigration and Naturalization Service presently permits trainees to participate in agriculture. commerce. finance. government. transportation. or the professions. Therefore. this amendment would merely make the law accord with existing administrative practice. . The spouse or minor child accompanying or following to join an alien who is issued a visa pursuant to section 101(a) (15) (H)-that is. an Htype visawould be entitled to the same nonimmigrant classification. Second. the bill would create a new category of nonimmigrant classification for the fiancee or fiance of a U.S. citizen who seeks to enter the United States for the purpose of contracting a marriage to such person within 90 days. Under existing law. the fiance or fiancee of a citizen must either marry abroad and seek entry as the spouse of a citizen or the alien fiancee or fiance must apply for an immigrant visa under the preference or nonpreference provisions of Eastern Hemisphere limitation or under the Western Hemisphere numerical limitation. At present. nonpreference numbers are not immediately available for applicants who are natives of the Eastern Hemisphere and oversubscription of available numbers for the Western Hemisphere have created a waiting period of 1 year to receive a visa number. Alien fiancees and fiances are not eligible for nonimmigrant visas under the existing law since they plan to remain permanently in the United States and. thus. are not bona fide nonimmigrants. Under the bill. if a valid marriage to the petitioner were not concluded within 90 days. the alien would be subject to deportation proceedings. Upon conclusion of the marriage within the prescribed period. the alien would be accorded permanent resident status. Enactment of this amendment would eliminate substantial hardship to many citizens who are forced to leave the United States. marry abroad. and return.