Speech #1020121574

Subsection (c) of section 206 deletes references to nationtonation exchanges in order to clarify that what is required for those seeking to enter the United States under section 101(a)(15)(P)(ii) is that they be part of an exchange program between organizations. not nations. that represents a fair balance over a reasonable period of time. numerical equivalency is not required. The consultations for P2 petitions shall be on the issue of whether those for whom P2 petitions are submitted are part of such an organizationtoorganization exchange program. no substantive standards apply to the participants in such programs. I would like to note that it is the sponsors intention that new paragraph 214(c)(6)(C) of this bill. which state that the Attorney General is not required to consult on visa applications where the applicant successfully demonstrates there is no appropriate peer group. labor organization or other person or persons. applies to all 0 and P category applicants. Thus. regulations in this area should cover aliens seeking entry for a motion picture or television production. In amendment No. 2. we are attaching a compromise version of the Immigration Technical Corrections Act of 1991 (S. 1620 and H.R. 3670). This amendment. which will be title III of the substitute amendment. would make certain technical changes to the Immigration Act of 1990. The 1990 act made sweeping changes in our immigration laws. and these technical changes are the inevitable finetunings that must be done whenever legislation this broad in scope is enacted. The technical changes in this package have been agreed to by Democrats and Republicans of both House and Senate Immigration Subcommittees. Included in the changes are improvements in the HlB visa program. which employers use to bring in skilled aliens for temporary employment. These improvements: First. clarify the wage rate that employers must pay to H1B aliens and to their own workforce. and second. alter the standard for penalizing employers. so that employers who make goodfaith efforts to pay the correct wage rate would not suffer any penalties if the wage rate they selected is later proven to have been inaccurate. I would like to thank representatives of the employer community and organized labor for their cooperation and assistance in drafting this language. which has been approved by all interested parties. I would like to make just a few comments regarding the specific contents of title III: First. this title clarifies that. when an employer seeks to hire an HlB worker. the employer is not required to use any specific methodology to determine that the aliens wage complies with the wage requirements of the act and may utilize a State agency determination. such as SESA. an authoritative independent source. or other legitimate sources of wage information.