Sep 22 2003

Analysis of The L-1 Visa (Intracompany Transferee) Reform Act of 2003

On September 17, Senator Chambliss (R-GA) introduced the “L-1 Visa (Intracompany Transferee) Reform Act of 2003.” Narrower in scope than previous L legislation, this bill would modify only the L-1B visa program, re-instate the 1 year work requirement for blanket applicants, and mandate collection of L-1 program statistical data.

Specifically, this legislation would:

Modify INA Section 214(c)(2) to prevent an L-1B visa holder from being primarily stationed at the worksite of another employer in cases where: The L-1B visa holder will be controlled and supervised by an unaffiliated employer, or The placement of the L-1B visa holder at the third party site is part of an arrangement to provide labor for the third party rather than placement at the third party site in connection in order to perform a duty involving specialized knowledge specific to the petitioning employer. Strike from INA Section 214(c)(2)(A) the provision permitting the 6 month work requirement for L-1 blanket petitions.

Require Department of Homeland Security to maintain statistics on petitions filed for L-1 visas, including the number of L-1B petitions approved in total as well as the number of L-1B petitions approved where the visa holder will work primarily offsite.

If enacted, the legislation will go into affect 180 days after the date of enactment.

Source: AILA