Speech #1090091987

Speaker. I rise in support of H.R. 3647. to render nationals of Denmark eligible to enter the United States as nonimmigrant traders and investors. E2 visas axe nonimmigrant visas available to nationals of countries with which the United States maintains a treaty of commerce. Under the Immigration and Nationality Act. aliens from such countries who wish to come to the United States to develop and direct the operations of an enterprise in which they have invested. or are actively in the process of investing a substantial amount of capital. may apply for entry on an E2 visa. Allen employees of a treaty investor may also receive E2 visas if they are coming to the United States to engage in duties of an executive or supervisory character. or. if employed in a lesser capacity. if they have special qualifications that make the services to be rendered essential to the efficient operation of that enterprise. There is no numerical cap on E2 visas. An alien may be admitted initially for a period of 2 years and can apply for extensions in 2year increments. The United States has entered into treaties of commerce containing language similar to the E2 visas since as far back as 1815. when we entered Into a Convention to Regulate Commerce with the United Kingdom. Currently. the nationals of 74 countries are eligible for E2 status. In fiscal year 2003. 24.506 aliens. including dependents. were granted E2 visas. Nationals of Denmark are already eligible for an E1. treaty trader. visa pursuant to the Treaty of Friendship. Commerce and Navigation between the United States and Denmark of October 1. 1951. The U.S. and Denmark signed a protocol to that treaty on May 2. 2001. that would also grant Danes eligibility for E2 visas. However. that protocol has not been ratified due to the broad objections raised on both sides of the Capitol regarding the inclusion of immigration provisions in trade agreements. Accordingly. the Danish embassy has requested that Denmark be granted E2 privileges through the normal legislative process. This legislation would accomplish that. Mr. Speaker. I wish to emphasize the importance of formal congressional consideration of any changes to United States immigration law through congressional legislative process. Over the last several years. Congress has witnessed efforts to circumvent its exclusive authority under the Constitution to amend our Nations immigration law. The inclusion of temporary entry or other immigration provisions in bilateral or multilateral trade agreements undermines the constitutional authority of Congress and has been strongly opposed by Members on both sides of the aisle. This legislation is the product of the open legislative process that revisions to our Immigration law deserve. and I urge other nations seeking changes to U.S. immigration law to follow a similar legislative course. I appreciate that the embassy of Denmark has sought E2 visas the right way. and I urge my colleagues to support this bill. Mr. Speaker.