WASHINGTON --- Sen. Chuck Grassley today said that a Department of Homeland Security Inspector General investigation found extensive and well known fraud and abuse in the L Visa program at the Department of State and the Bureau of Citizenship and Immigration Services.
Grassley included a provision in the fiscal 2005 Omnibus Appropriations bill that required a study on the L visa program. The report, released today, found several vulnerabilities and areas that could easily be exploited to the downfall of national security and American workers.
Grassley said that Congress has acted to close known loopholes, but loopholes aren’t easy to catch and new loopholes are constantly being created.
“Since 9-11 the American people have become all too aware of the need to pay close attention to our immigration policies. It’s vital that the communication lines remain open and federal agencies work with each other in the best interests of our national security,” Grassley said. “When our own consular officers agree that there are problems with the L visa program, something has to be done. We can’t have companies bypass the H-1b visas just to get around protections intended to help American workers.
Grassley had several concerns with the reports findings. Here are some of Grassley’s main concerns found in the report.
· Adjudicators often find it difficult to be certain that a firm or business intends to use an imported worker in a managerial or executive capacity as required by the law.
· The term “specialized knowledge” is so broadly defined that our adjudicators would rather approve than deny applications.
· It was hard for adjudicators to verify a company’s existence and business operations in a foreign country.
· Petitioners are not required to have an office in the United States to bring in foreign workers. The visa may encourage foreign entities and individuals to claim an office in the United States, or simply the intention to create an office, in order to arrive and remain in the United States.
In the fiscal 2005 Omnibus Appropriations bill, Grassley also included a provision that would create a task force once the report was completed. The task force, consisting of representatives from the Departments of Homeland Security, State, and Justice, is expected to help Congress solve the problems found by the Inspector General. Grassley plans to ask the task force to report to him on their recommendations for closing loopholes so that any necessary congressional action can be taken.
The L visa program was created in 1970 in order to facilitate movement of workers from a company in a foreign country to their branches and affiliates in the United States. The program is intended to benefit managers, executives and professionals with specialized knowledge.
The report is available by clicking here.