The Proposed L Laws

L’s – Background

L-1 Is Available If:

1. Affiliate Relationship With Foreign Company

2. Transfer EE To Work, At Minimum, On Services/Goods Requiring Specialized Knowledge

a. L-1B – specialized knowledge – 5 years maxb. L-1A – managers/executives – 7 years max

3. No Need For Degree

4. Must Have Worked In Affiliate ofc, F/T For 6 Months Within Last 3 Years

Upsides To L Visa Use

Salary Has To Be Merely Reasonable - No FloorIndefinite Validity For Intermittent L’sNo Restriction On Place Of Employ, As Long As Are Within Affiliate Network, Declared With BCISBlanket L: Pre-Approval Of Companies Or Use Of LEase Of Entry For Regular Business Visits

L Abuse

L Sweat Shops

Taking in fees for placement of foreign workers and underpaying the foreign worker

No reporting mechanism with DOL

How Many, How Often?

Two Bills

DeLauro Bill, HR 2702

Introduced 7/10/03 To House of RepsFairly Detailed

Mica Bill, HR 2154

Introduced 5/19/03 To House Of RepsQuick And More Effective

DeLauro Bill

Ditto Off The H-1B Regs

Prevailing & Actual Wages.Use Of Only OES Level 2No Adverse Affects On Similarly EmployedFile With Secretary of Labor, Pre-BCISComplaint Process & Fines

DeLauro Bill Problems

Workplace-Specific WagesRoaming Not AddressedHaving To Do On-Site Postings Prior To CIS ApprovalFact of Pay Coming From Overseas Offices Not AddressedUS Employer Liable For Costs Of ReturnNO Blanket L’sMust Have Bachelor’s Degree or HigherHad To Have Worked For For’n Affil At Least 6 Months F/T In Last 2 Years (Not 3)Had To Be Employed F/T 2 Years (Not One Year – Wrong Anyway, b/c Req Is 6 months)

Mica Bill

Must File Attestation With DOL

Employer Will Not Place The Nonimmigrant With Another ER

If EE performs duties at one or more worksites “of” other ERIndicia of employment relationship

Make Available The Application of Attestation to DOL

-- ok, b/c is addressing the sweatshop issue

Presumably regs would allow for complaintsMight be enough flexibility to allow companies to pre-apply for managerial/executive level staffing attestations

What Can You Do?

Call Us And We Will Provide You With A Letter To Send To Your

Congressman

Follow Up And Make Sure It Is NOT Supported

THANK YOU

Bashyam & Spiro, LLPTel: 703-506-4500

www.immigrationcounsel.com