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Dear Friend:
Thank you for contacting me to express your concerns regarding the category
of EB-1visas for managers or executives of multinational companies, which I
believe you refer to as an "EB1C" visa in your letter. It is helpful for me
to hear your views and suggestions for legislative reforms, and I welcome
the opportunity to respond.
As you know, EB-1 visas are employment-based, immigrant visas that are
available to individuals who fall into three categories: those with
extraordinary ability in areas such as science or the arts, outstanding
professors and researchers, and managers or executives of multinational
companies. To be eligible for the third category of EB-1 visas, the
applicant must be a foreign national who has been working outside the United
States for at least one of the last three years as a manager or executive
for a U.S.-based, multinational firm or corporation, and the individual is
seeking to immigrate to the United States to continue to work for that
company in a managerial or executive capacity.
I recognize that you believe the category of EB-1visas for managers and
executives is especially vulnerable to fraud because its eligibility
requirements are insufficiently stringent. Be assured that United States
Citizenship and Immigration Services (USCIS) has procedures in place to
prevent fraud with every visa application. In regard to this specific type
of visa, you may be pleased to know that there is an office within USCIS
dedicated to preventing and detecting fraud related to employment-based
immigrant visas. Furthermore, before awarding EB-1 visas to managers or
executives, USCIS must review both the sponsoring company and the employee
to ensure that they are legitimate, thereby increasing the opportunities for
USCIS to catch any instances of fraud.
Like you, I take immigration fraud very seriously. I continue to believe
that legislation is needed to toughen the criminal penalties against
individuals who engage in immigration-related fraud. In the 110th Congress,
I introduced the "Passport and Visa Security Act" (S. 203) to increase
penalties and punish those who attempt or conspire to traffic fraudulent
passports, visas, or other immigration documents into the United States.
This bill would have also punished those who procure visas by fraud with up
to 20 years in prison. Please know I remain committed to making U.S. visa
programs more secure by preventing and detecting fraud, and that I will keep
your particular concerns in mind should the Senate consider legislation
related to EB-1 visas.
Once again, thank you for writing. If you have any further comments or
questions, please do not hesitate to call my Washington, D.C. office at (202
) 224-3841.
Sincerely yours,
Dianne Feinstein
United States Senator
Further information about my position on issues of concern to California and
the nation are available at my website, Feinstein.senate.gov. You can also
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