Speech #910173430

The bill would facilitate temporary admission into the United States of executive managerial and specialist personnel of international corporations. firms. and other legal entities. Since the enactment of the act of October 3. 1965. the transfer of international personnel into the United States has become extremely difficult. particularly from Canada. International personnel being transferred to the United States under the present law must await an immigrant visa number under the Western Hemisphere numerical limitation or. if the alien is a native of the Eastern Hemisphere. he must await an immigrant visa number in either the third of sixth preference category under the numerical limitation for the Eastern Hemisphere. Currently. the number of persons holding approved visa petitions far exceeds the number of visas available within the numerical ceilings. The oversubscription of the allotment of visa numbers available for immigrants who are natives of the Western Hemisphere has created a waiting period of approximately 1 year from the time the petition is filed until that particular persons name is reached on the waiting list to receive a visa number. The waiting period to receive a number in the third preference for the Eastern Hemisphere is now approximately 13 months. The sixth preference visa is presently current. However. a long wait in the sixth preference periodically occurs when the demand for sixth preference visa numbers increases. Under the present law international personnel are not eligible to receive nonimmigrant visas if the services they are to perform are permanent in nature. Since they cannot receive nonimmigrant visas they are forced to apply for immigrant visas under the numerical limitations. Because the majority of these persons intend to remain in the United States for only a limited duration. the issuance of immigrant visas to them represents a misuse of immigrant visa numbers and improperly deprives visa numbers from qualified immigrants intending to remain permanently in the United States ultimately to become citizens. The bill would permit temporary admission of aliens who had been employed abroad for 1 year by a corporation. firm. or other legal entity or an affiliate or subsidiary thereof. in a capacity that is executive. managerial. or requires specialized knowledge and who is entering the United States to continue employment with the same employer. It is anticipated that the words "firm" and "legal entity" will be interpreted in the broad sense to include all bona fide forms of business organizations including partnerships. sole proprietorships. and labor organizations.