Oversee Visa Integrity with Stakeholder Advisories Act

Floor Speech

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Mr. NADLER. Mr. Speaker, I rise in strong support of H.R. 3636, the O-VISA Act. As the lead Democratic cosponsor, I also want to thank the Gentlewoman from California, Mrs. Walters, for introducing this legislation, which will bring some needed transparency to the O visa application process.

O visas are reserved for individuals with extraordinary ability in the sciences, arts, education, business, or athletics to perform temporary work in their field here in the United States. For those seeking an O visa specifically to work on a motion picture or television production, the law requires that an individual have ``a demonstrated record of extraordinary achievement,'' which must be ``recognized in the field through extensive documentation.''

Through a unique provision in the law, an applicant for an O visa seeking to work on a film or television production must first obtain an opinion from the relevant labor organization in their field. For example, a director must seek an opinion from the Directors Guild of America, and a set designer must consult with the International Alliance of Theatrical Stage Employees. As experts in their field, these organizations are in the best position to determine an applicant's special qualifications. This process is intended to ensure that only the most extraordinary and accomplished individuals--those who are so unique that they could not be replaced by an American worker--are granted an O visa.

Unfortunately, in recent years, several unions have expressed deep concerns that a significant number of applicants for whom they have recommended denial have been admitted into the United States nonetheless. In some instances, the unions have documented fraud on the part of the applicant, while in some cases, the government simply reached a different conclusion. But, because the consulting union is never informed by the government whether a particular application was approved or denied, it is impossible to know the full extent of this problem. The O-VISA Act would bring needed transparency to this process by requiring USCIS to provide a copy of any final determination to the consulting union.

This is a narrow, but critically important provision. Although the unions have expended a great deal of resources to discover the outcome of their advisory opinions, they are in the dark about the vast majority of cases. Although they could serve as a partner to USCIS in rooting out fraud and abuse, they lack the information they need to follow up on suspicious cases. I should point out that the unions have assured me that their concerns about fraud do not stem from any applications by the major studios. The problems occur with certain unscrupulous independent companies that abuse the process in a variety of ways.

Of course, there need not be any fraud for USCIS to reach a different conclusion about the merits of a particular applicant. But, if this is occurring in a significant number of cases, it may signify a systemic problem in how the agency is considering applications, or a lack of understanding by the union of how cases should be evaluated. In either case, it is only fair that the unions have sufficient knowledge of how petitions are decided so that they can have a meaningful discussion with USCIS about any concerns they may have.

The O-VISA Act would provide the transparency necessary to undertake this process and I urge my colleagues to support it.

I want to note that since this bill simply requires that USCIS provide a copy of any final decision to the consulting organization, it should not burden the agency or add any delays in processing O visa applications. However, I recognize that many sponsoring employers have expressed concerns over the inefficiency of the current process, and that reforms are needed to streamline the application process.

The language contained in H.R. 3636 has historically been coupled with provisions that also make important changes to the O- and B- visa programs for those seeking entry for motion picture and television productions. These provisions were included in such bills as the Senate's comprehensive immigration reform legislation from last Congress. Specifically, these changes provided the same commonsense portability that exists in other visa categories, removed redundancies in the consultation process, and better aligned these entry programs with others that might involve an honorarium or appearance fee.

I appreciate Chairman Goodlatte's assurances during the markup on the O-VISA Act that he intends to address these commonsense changes to the O- and B-programs that have historically accompanied the provisions in this bill in the future. And I am pleased that we are advancing this bill today. The O-VISA Act will help ensure the integrity of the O visa program while protecting the jobs of American artists and craftsmen in the film and television industries. I urge my colleagues to support this legislation.

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