Thread: The U.S. House of Representatives is scheduled to vote on H.R. 3992 today

bb]The U.S. House of Representatives is scheduled to vote on H.R. 3992 today Mar. 19,2012[/b], a bill that would expand the E-2 visa program to include Israeli nationals. Leadership placed it on the suspension calendar, which has the effect of limiting debate and prohibiting amendments to the bill.

The E-2 visa is a non-immigrant visa program that temporarily admits foreign nationals to the U.S. to develop a business enterprise in which the alien has invested. (INA § 101(a)(15)(E)) The program, however, is restricted to foreign nationals from countries that have appropriate treaties with the United States. The legislation qualifies Israeli nationals for the E-2 visa by adding Israel to the list of foreign states granted such treaty status. (H.R. 3992 § 1; see Department of State Website for list of treaty countries)

The House Judiciary Committee passed H.R. 3992 via voice vote Feb. 28. (House Judiciary Committee Press Release, Feb. 28, 2012) In doing so, Committee members ignored the E-2 visa program’s several flaws. They include:

No cap on the number of visas issued. Congress has not placed a cap on the number of individuals permitted into the country under the E-2 program. In addition to an unlimited number of principal E-2 visas, the program also provides for an unlimited number of derivative visas for spouses, children (up to age 21), and employees in a supervisory or executive capacity. (8 C.F.R. § 214.2(e)(3)-(4)) As a result, over 281,000 individuals entered the country on an E-2 visa in 2010 alone. (See DHS 2010 Statistical Yearbook, Table 25)

Visa holders may remain in the U.S. indefinitely. Despite the intended temporary nature of the program, E-2 visa holders may enter the U.S. for an initial two-year period and then remain in the country indefinitely by extending their visa every two years. And, despite the fact that all temporary visas require intent to return to one’s home country, aliens may still apply for an E-2 visa even if they simultaneously apply or have been approved for an immigrant visa that puts them on a path to citizenship. (8 C.F.R. § 214.2(e)(5))
No minimum investment is required. Federal regulations governing the visa program do not require applicants to have invested a specific amount of money or percentage of start-up capital into a business venture. The law merely states that the capital invested must be “substantial.” (8 C.F.R. § 214.2(e)(14)) The decision whether the alien meets the general requirements of the E-2 visa is up to the discretion of the particular State Department consular officer reviewing the application.

These flaws make the program highly susceptible to fraud. Last month, federal authorities indicted a woman running a Laredo, TX financial and immigration services business for including fraudulent tax forms and false information about businesses and employees on visa applications. (San Antonio Express, Feb. 29, 2012)

http://www.rightsidenews.com/2012031...h-19-2012.html