I 

108TH CONGRESS 

2D SESSION H. R. 4415

To amend the Immigration and Nationality Act to eliminate the ‘‘specialized 

knowledge’’ basis for obtaining nonimmigrant status as an intracompany 

transferee, to impose an annual numerical limitation on nonimmigrant 

visas for such transferees, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 20, 2004

Mr. HYDE introduced the following bill; which was referred to the Committee 

on the Judiciary, and in addition to the Committee on Education and the 

Workforce, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL

To amend the Immigration and Nationality Act to eliminate 

the ‘‘specialized knowledge’’ basis for obtaining nonimmigrant status as an intracompany transferee, to impose an annual numerical limitation on nonimmigrant 

visas for such transferees, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Save American Jobs 

5 Through L Visa Reform Act of 2004’’. 
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1 SEC. 2. FINDINGS. 

2 The Congress finds the following: 

3 (1) Testimony given at a February 4, 2004, 

4 hearing of the Committee on International Relations 

5 of the House of Representatives indicated that there 

6 is widespread abuse by companies subcontracting to 

7 other companies nonimmigrants who obtained status 

8 under the Immigration and Nationality Act by satis9 fying the requirements for intracompany transferees 

10 with ‘‘specialized knowledge’’. Such testimony in11 cluded that of two United States citizens displaced 

12 from their jobs by such nonimmigrants. 

13 (2) Further evidence of abuse was indicated by 

14 such citizens citing cases, including their own, where 

15 a citizen’s employment was terminated after the cit16 izen trained such intracompany transferees to per17 form the citizen’s job. 

18 (3) This testimony also indicated that signifi19 cant numbers of intracompany transferees admitted 

20 to the United States due to claimed possession of 

21 ‘‘specialized knowledge’’ do not, in fact, possess that 

22 prerequisite ‘‘specialized knowledge’’ at the time of 

23 entry into the United States. 

24 (4) Employers have used the intracompany 

25 transferee visa program to fill thousands of positions 

26 in the United States. 57,245 such visas were issued 
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1 in fiscal year 2003, at the same time as United 

2 States unemployment in information technology spe3 cialities increased. The admission of intracompany 

4 transferees with ‘‘specialized knowledge’’ therefore 

5 flooded a job market which had already become 

6 highly competitive due to job losses. 

7 (5) Consular officers overseas continue to docu8 ment pervasive fraud in intracompany transferee 

9 nonimmigrant visa petitions filed in certain coun10 tries. In China, for example, recent statistics pro11 vided by the United States Embassy in Beijing to a 

12 visiting congressional staff delegation in February 

13 2004 reported an intracompany transferee non14 immigrant visa fraud rate of about 40 percent, in 

15 petitions received since fiscal year 2000, with similar 

16 fraud rates reported for other areas of China as 

17 well. 

18 SEC. 3. ELIMINATION OF NONIMMIGRANT VISAS FOR 

19 INTRACOMPANY TRANSFEREES WITH SPE20 CIALIZED KNOWLEDGE. 

21 (a) IN GENERAL.—Section 101(a)(15)(L) of the Im22 migration and Nationality Act (8 U.S.C. 1101(a)(15)(L)) 

23 is amended by striking ‘‘managerial, executive, or involves 

24 specialized knowledge,’’ and inserting ‘‘managerial or ex25 ecutive,’’. 
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1 (b) CONFORMING AMENDMENTS.—Section 214(c)(2) 

2 of the Immigration and Nationality Act (8 U.S.C. 

3 1184(c)(2)) is amended—

4 (1) by amending subparagraph (D) to read as 

5 follows: 

6 ‘‘(D) The period of authorized admission for a non7 immigrant admitted under section 101(a)(15)(L) shall not 

8 exceed 7 years.’’; and 

9 (2) by striking subparagraph (B) and redesig10 nating subparagraphs (C) through (E) as subpara11 graphs (B) through (D), respectively. 

12 SEC. 4. IMPOSITION OF ANNUAL NUMERICAL LIMITATION. 

13 Section 214(c)(2) of the Immigration and Nationality 

14 Act (8 U.S.C. 1184(c)(2)), as amended by section 3 of 

15 this Act, is further amended by adding at the end the fol16 lowing: 

17 ‘‘(E) The total number of aliens who may be issued 

18 visas or otherwise provided nonimmigrant status during 

19 any fiscal year (beginning with fiscal year 2005) under 

20 section 101(a)(15)(L) may not exceed 35,000. The numer21 ical limitation in the preceding sentence shall apply only 

22 to principal aliens and not to the spouses or children of 

23 such aliens. The provisions of subsection (g)(3) shall apply 

24 to visas subject to this subparagraph in the same manner 
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1 as such provisions apply to visas subject to subsection 

2 (g)(1).’’. 

3 SEC. 5. REMOVAL OF INTRACOMPANY TRANSFEREES FROM 

4 CLASSES OF ALIENS NOT PRESUMED TO BE 

5 IMMIGRANTS. 

6 Section 214(b) of the Immigration and Nationality 

7 Act (8 U.S.C. 1184(b)) is amended by striking ‘‘subpara8 graph (L) or (V) of section 101(a)(15),’’ and inserting 

9 ‘‘section 101(a)(15)(V),’’. 

10 SEC. 6. SENSE OF CONGRESS REGARDING PAYMENT OF 

11 PREVAILING WAGE. 

12 It is the sense of the Congress that employers of non13 immigrants described in section 101(a)(15)(L) of the Im14 migration and Nationality Act (8 U.S.C. 1101(a)(15)(L)) 

15 should pay such nonimmigrants wages that are at least 

16 the greater of—

17 (1) the actual wage level paid by the employer 

18 to all other individuals with similar experience and 

19 qualifications for the specific employment in ques20 tion; or 

21 (2) the prevailing wage level for the occupa22 tional classification in the area of employment. 

23 SEC. 7. EFFECTIVE DATE. 

24 The amendments made by this Act shall take effect 

25 on the date of the enactment of this Act and shall apply 
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1 to nonimmigrant visas issued, or nonimmigrant status 

2 provided, under section 101(a)(15)(L) of the Immigration 

3 and Nationality Act (8 U.S.C. 1101(a)(15)(L)) on or after 

4 such date. Such amendment shall not be construed as—

5 (1) invalidating any visa issued under such sec6 tion before such date; or 

7 (2) otherwise affecting any alien provided non8 immigrant status under such section before such 

9 date.

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