WASHINGTON – Senator Chuck Grassley today reiterated concerns to Department of Homeland Security Secretary Janet Napolitano about alleged fraud in the L visa program. In an exchange with Napolitano during an April 27 Senate Judiciary Committee oversight hearing, Grassley asked the Secretary several questions about the H-1B and L visa programs, which she was unable to answer, but indicated that she would quickly provide a written response.
Grassley has introduced legislation to reform the H-1B and L visa programs. The legislation helps to root out fraud and abuse and ensure that Americans are given every consideration when applying for high skilled jobs in the United States.
Here is a copy of the text of Grassley’s letter to Napolitano.
May 27, 2010
The Honorable Janet Napolitano
Secretary
Department of Homeland Security
Nebraska Avenue Complex
245 Murray Lane, Mailstop 0150
Washington, DC 20528-0150
Dear Secretary Napolitano:
One month ago, you appeared before the Senate Judiciary Committee to discuss the work of your Department and to update Congress on the efforts being made to enforce our immigration laws.
During this hearing, I asked you about the H-1B and L visa programs. I am glad you are committed to reforming the H-1B visa program, including providing recent guidance to adjudicators to end abusive third-party placements. Unfortunately, however, the increased attention on the H-1B program has led some companies to seek other avenues to enter and remain in the United States. As I mentioned during the hearing, I’m afraid that companies are now resorting to the L visa, a program that allows workers from one company to work in their branches and affiliates in the United States. It’s understandable why companies would go around the H and use the L visa --- there are no wage protections, no annual numerical limits, fewer obligations on the employer, and thus, fewer protections for American workers.
I also provided you with examples about the kinds of problems that agents in your own department are finding with the L visa program. Based on information provided to me from field officers, it’s evident that many companies are creating shell companies, bringing in workers, and then disappearing from the sight of immigration enforcement. Many visa holders are not working where they claimed or doing the jobs they petitioned to do.
During the hearing, I asked for your assessment of the L visa program, and you assured me that you’d get back to me with your thoughts. Since it has been a month, I write to reiterate my concerns. I need your help in making sure this program is not being used to bring in cheaper labor at the detriment of American workers. Therefore, I resubmit my questions to you about the L visa program and hope you’ll respond to me in writing before June 10:
1. The Fraud Detection and National Security directorate is working on a report on L visa abuse. Can you tell me if that has been finished? If not, what is the status of the report? Will you commit to sharing that with me as soon as possible?
2. Do you share my concerns that there are serious problems involving fraud in the L visa program? If so, would you consider administrative actions to fix the program? Are you presently contemplating any changes to the program to make it work better and as was intended?
I appreciate your attention to this issue, and look forward to your response.
Sincerely,
Charles E. Grassley
United States Senator