Speech #1140099676

I yield myself such time as I may consume. I thank Mr. NADLER and all of the other cosponsors in their helping to advance H.R. 3636. the Oversee Visa Integrity with Stakeholder Advisories Act. otherwise referred to as the 0VISA Act. for a floor vote. Congress established the 0 visa program to allow nonimmigrants with extraordinary abilities to be employed in the sciences. arts. education. business. or athletics. In recognition of the unique nature of the motion picture and television industry. Congress established special evidentiary criteria for 01 and 02 visas for artists who are working in the industry. One requirement mandates that the USCIS consult with the appropriate labor and management organizations for each visa petition. The reason for this is very simple in that those organizations are best suited to evaluate whether a visa applicant has demonstrated extraordinary achievementthe standard for 01 and 02 visa petitioners in this industry. These consulting organizations dedicate substantial resources to advise the USCIS on the merits of visa petitions. They are essential to identifying fraud as well as to protecting U.S. workers who are capable of filling those jobs. Unfortunately. these organizations are never notified as to the USCIS final petition decisions. The consulting organizations should be notified of these decisions so that they may better assist the USCIS in determining fraud and in properly implementing the 0 visa standards. There have been serious indications of fraud in 01 and 02 visa petitions. including the outright forgery of advisory opinions. shell production companies. and sponsoring employers who are without any connection to the motion picture and television industry. These concerns led Chairman GOODLATTE and Ranking Member CONYERS to send a letter to the USCIS in 2014. which stated: It seems that. at the very least. USCIS should be notifying these organizations when it approves petitions over their objections. However. we are told that such organizations are rarely. if ever. notified regarding the outcome of petitions to which they object. Ensuring transparency in the adjudication process for any visa program is essential to a secure and effective immigration policy. and. therefore. we are concerned about the reported potential fraud in 0 1 and 0 2 visa petitions. It is important to note that there are no indications of abuse by the major studios. such as members of the MPAA. In fact. it is my understanding that the labor and management consulting organizations concur with the vast majority of 0 visa petitions that are submitted by the major studios.