May 26 2003

Mica Introduces Proposed Measure to Limit L Visa Privileges

On May 19, Representative John L. Mica (R-FL) introduced in the House of Representatives a proposed measure to limit the usage of the L 'intracompany transferee' visa. In this proposed measure, employers would not be allowed to place L visa holders with other employers during the visa holders' duration of stay in the United States.

When applying for an L visa, employers would be required to file an application with the Department of Labor that directly states that the L visa holder will not "perform duties in whole or in part at one or more worksites owned, operated, or controlled by such other employer".

The L visa enables international businesses that have offices in the U.S. to transfer employees to the U.S. for short periods of time. L visa applicants are those that have worked with the non-U.S. company either as an executive, manager, or in a position requiring specialized knowledge. Employers are currently able to contract L visa holders out to other companies while these employees are in the U.S. Mica's proposed measure, which was referred to the House of Representatives' Committee on the Judiciary, will limit this placement practice.