Date: 2016-06-13
Speaker: JACKSON LEE (democrat)
Chamber: H

Mr. Speaker. I am pleased to support H.R. 3636. the "Oversee Visa Integrity with Stakeholder Advisories Act". also known as the OVISA Act. H.R. 3636 is an important bill that supports the need and aim for comprehensive immigration reform and strengthens the role of the labor unions in the OIB consultation process. H.R. 3636 would strengthen the role of the labor unions in the 01B consultation process by amending the "Immigration and Nationality Act" to require U.S. Citizenship and Immigration Services (USCIS) to provide a copy of the 01B petition decision to the labor union that was consulted as part of the petition process for a foreign artists and performers seeking to work in the United States. This bill would also require an annual report to Congress from the Department of Homeland Security (DHS) enumerating the adjudicative outcomes of 01 B petitions with a focus on the relationship between the USCIS decision and the recommendation provided in the labor union consultation. Although H.R. 3636 deals specifically with the 01B visa. the 0 nonimmigrant classification is commonly subclassified in the following categories: O1A: individuals with an extraordinary ability in the sciences. education. business. or athletics not including the arts. motion pictures or television industry). O1B: individuals with an extraordinary ability in the arts or extraordinary achievement in motion picture or television industry. and 02: individuals who will accompany an 01. artist or athlete. to asset in a specific event or performance. For an O1A. the O2s assistance must be an "integral part" of the O1As activity. For an 01 B. the O2s assistance must be "essential" to the completion of the 01 Bs production. The 02 worker has critical skills and experience with the 01 that cannot be readily performed by a U.S. worker and which are essential to the successful performance of the 01. In creating the O1B visa category. Congress sought a balance between the need for global interchange of creative professionals. and the need to prevent entertainment producers from abusing the immigration laws and the ability of individuals to obtain a visa for extraordinary ability. In doing so. Congress created the 0 nonimmigrant visa. pursuant to an amendment to the Immigration Act of 1990 (IMMACT). for individuals who possesses extraordinary ability in the sciences. arts. education. business. or athletics. or who have a demonstrated record of extraordinary achievement in the motion picture or television industry and have been recognized nationally or internationally for those achievements. The changes under IMMACT led to unintended conflicts between labor and management in the industry. Labor and management reached a settlement. reflected in current law and regulations that give weight. but not control. to labor union advisory opinions of the abilities and professional prestige of foreign artists and performers sought by industry management. By requiring that USCIS provide a copy of the 01 B petition decision to the labor union that was consulted. H.R. 3636 will provide labor unions with important data allowing them to see how their consultations are used by the adjudication agency. H.R. 3636 will reinforce the labor unions position in the adjudication process and lay the groundwork for further legislative action if the newly provided information suggests that more reform is warranted.