Y J ifs’ V7-S29 
NY 
A 
io! 7 Calendar No. 766 
971TH CoNGRESS 
SENATE 
Report 
2d Session 
No. 97-529 
SEP 
9 1982 
VIRGIN ISLANDS NONIMMIGRANT ALIEN 
| 45 
ADJUSTMENT ACT OF 1981 
AvucustT 18 (legislative day, Avaust 17), 1982.—Ordered to be printed 
Mr. THurmonp, from the Committee on the Judiciary, 
submitted the following 
REPORT 
{To accompany H.R. 3517] 
The Committee on the Judiciary, to which was referred the bill 
(H.R. 3517) to authorize the granting of permanent residence status 
to certain nonimmigrant aliens residing in the Virgin Islands of the 
United States, and for other purposes, having considered the same, 
reports favorably thereon with an amendment and recommends that 
the bili, as amended, do pass. 
AMENDMENT 
On page 7, line 2, strike “States.” and insert the following; “States 
other than for employment as an entertainer or as an athlete and for 
a period not exceeding 45 days.” 
PURPOSE OF THE BILL 
The 
purpose of the bill, as amended, is to authorize the granting 
of lawful permanent resident status to certain nonimmi 
rant alien 
(H-2) workers and their families who reside in the US. Virgin 
Island: and to require the Secretaries of various Federal Depart- 
ments. in consultation with officials of the Virgin Islands, to assess, 
and issue a report on, the impact on the Government of the Vir in 
Islands of providing needed services to individuals whose status 
has 
been adjusted under this bill. 
ANALYSIS OF THE LEGISLATION—ADJUSTMENT OF STATUS 
H.R. 3517 would allow an alien who was admitted to the US. 
Virgin Islands as a temporary worker, and who has resided in those 
“™° 
BEST DOCUMENT AVAILABLE 
| 
2 
islands continuously since June 30, 1975, to have his status adjusted 
to that of lawful permanent resident of the United States. 
The alien’s spouse and minor children could also adjust under the 
bill if they, like the alien worker, have met the specified residence 
requirement. No alien may have his status adjusted if he is found 
to be exeludable from the United States under the Immigration and 
Nationality Act. The Justice Department estimates that up to 7,360 
aliens would be eligible for adjustment of status under the bill. 
PREFERENCE 
SYSTEM 
RESTRICTIONS 
Under U.S. immigration law over 300,000 immigrant visas per 
year 
are made available to relatives of U.S. citizens and lawful 
permanent residents. These visas, which are allocated under what 
is called the “preference system,” are not to be issued unless the U.S. 
citizen or lawful permanent resident files a petition with the Immi- 
gration and Naturalization Service requesting the admission to the 
United States of the alien relative. 
H.R. 3517 places certain restrictions on the ability of individuals 
whose status is adjusted under the bill to utilize the preference system. 
Specifically, the bill gives the Secretary of State discretionary author- 
ity to limit the number of immigrant visas that may be issued to aliens 
who are the spouses or unmarried children of aliens who become law- 
ful permanent residents pursuant to this bill. Similarly, aliens who 
eventually become U.S. citizens pursuant to this bill will be unable 
to effectuate the admission of their married children or siblings unless 
they show that the denial of this ability would, under the facts of 
the particular case, 
result 
in exceptional and extremely unusual 
hardship. 
The Committee 
is convinced that these restrictions are necessary 
to prevent a further influx of new immigrants to the already over- 
populated and resource-strained U.S. Virgin Islands. 
Preference system restrictions of the type contained in H.R. 3517 
are without precedent in U.S. immigration law. In considering these 
novel restrictions. the Committee obtained legal memoranda discussing 
the constitutional issues which these restrictions could ey 
:aise. Such memoranda were supplied by the Congressional Research 
Service, the Immigration and Naturalization Service, and the Office 
of Legal Counsel in the Department of Justice. 
According to the 
memoranda, the most prominent legal issues posed by H.R. 3517 
involved equal protection (i.e. the right to be free of discriminatory 
or arbitrary treatment) and the constitutional right to travel. 
With respect to the right to travel, as originally introduced, H.R. 
3517 would have allowed aliens affected by the bill to regain their 
preference system petitioning powers by moving to the United States 
and living there continuously for two years. This provision, although 
deemed by the legal memoranda to be constitutional, was deleted by 
the Committee. 
Each of these three memoranda concluded that the most likely 
constitutional challenge remaining, one based on equal protection, 
would not succeed. In reaching this conclusion the memoranda pointed 
variously to the plenary power of Congress in immigration matters, 
the general reluctance of the courts to examine Congress alien admis- 
3 
sions 
policies, and the important governmental purposes served by 
the restrictions. 
TERMINATION 
OF TEMPORARY 
WORKER 
PROGRAM 
II.R. 3517 terminates the temporary worker program in the U.S. 
Virgin Islands. The Comniittee is convinced that for the foreseeable 
future no labor shortages requiring the importation of alien tempo- 
rary workers will exist. Accordingly, the Committee finds it reason- 
able and proper to relieve the Secretary of Labor of authority with 
respect 
to this matter. 
Should 
current 
circumstances 
suflicientiy 
change, Congress 
could 
reexamine 
its decision 
to terminate 
the 
program. 
IMPACT 
ASSESSMENT 
AND REPORT 
The bill also provides for a report to Congress and the President 
on the tinpact on the U.S. Virgin Islands of providing needed services 
to aliens whose status has been adjusted or who have been permitted 
to Immigrate as a result of the bill. This report, including recom- 
mendations, 
is to be the joint product of the specified Department 
Secretaries, the Attorney General, and Virgin Islands officials. Fund- 
ing for these activities is to be derived only from otherwise available 
appropriations, 
SECTION-BY-SECTION 
ANALYSIS 
OF 
H.R. 
3517 
Section 1(a) states that this Act may be cited as the “Virgin Is- 
lands Nonimmigrant Adjustment Act of 1981.” 
Section 1(b) expresses the findings of Congress, to wit: that the 
aliens addressed by this Act have been in the U.S. Virgin Isiands 
for many years: that they have become an integral part of their 
society and should be given the opportunity to become lawful per- 
manent 
residents; that the Virgin Islands 1s a small territory with 
limited 
resources; and that 
in accordance with Congress’ special 
authority for the welfare of U.S. territories, it is necessary for Con- 
gress to prevent a further influx of significant. numbers of aliens into 
the Virgin Islands by limiting the ability of those whose status is 
wljusted under this bill to file immigrant visa petitions for their alien 
relatives, 
Section 2(a) of the bill provides for the adjustment of status of 
any alien ceseribed in subsection 2(b) of the bill to that of lawful 
permanent resident alien if application therefor is made within one 
year of the bilPs enactment, and is otherwise eligible to receive an 
immigrant 
visa and (with certain exceptions) 
is otherwise admissi- 
ble to the United States for permanent residence, and is physically 
present 
in the Virgin Islands of the United States at the time the 
upplhieation is filed. 
Section 2(b) applies the benefits noted in Sec. 2(a) to any alien 
who was inspected and admitted to the Islands as a nonimmigrant 
alien worker under section 101 (a) 
(15) (H) (ii) of the Immigration and 
Nationality Act 
(INA) or the spouse or minor child of such worker: 
aml has resided continuously in the Islands since June 30, 1975. 
Scetion 2(¢)(1) 
exeludes adjustments under this bill from the 
numerical limitations of Sections 201(a) and 202 of the INA and 
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forecloses any reduction in the number of aliens who may acquire 
lawful permanent residence status under the INA by reason of this 
Bill. 
Section 2(¢) (2) provides the Secretary of State with discretionary 
authority (after consultation with the Secretary of the Interior and 
the Governor of the Virgin Islands) to limit the number of immi- 
vrant visas that may be issued in any fiscal year to aliens who are 
leneficiaries of second preference petitions filed by persons who have 
adjusted status under this bill. 
Section 2(¢) (3) denies (with certain exceptions) an immigrant visa 
(or adjustinent of status to lawful permanent resident) to any alien 
by virtue or a fourth or fifth preference petition filed by an individ- 
ual who had his status adjusted under this section. Similar benefits 
are denied an alien for whom a second preference petition is filed 
by an individual admitted to the United States as an immigrant on 
the basis of an immediate relative petition filed by the individual’s 
-on or daughter, who, in turn, had his or her status adjusted under 
this section. 
Section 2(c) (4) is a technical section relating descriptive terms to 
specific sections of the INA. 
Section 2(d) isa general savings clause. 
Section 3 is a blanket provision prohibiting the Attorney General 
from approving any petition filed in the case of the importation of 
uny temporary worker under section 1O1L(.A) (15) (IL) (ii) of the INA 
for employment in the U.S. Virgin Islands, other than for employ- 
nent as an entertainer or as an athlete and for a period not exceeding 
1 days. 
Section 4 directs the Secretaries of HHS, HUD, Labor, and the 
Interior, and the Attorney General, in consultation with Govern- 
nent 
officials of the Virgin Islands, to assess the social and eco- 
nome impact of this Act on the Virgin Islands, and report their find- 
ings and recommendations to the President and Congress within one 
year of this bill’s enactment. 
DEPARTMENTAL POSITION 
The Administration supports passage of the bill. A copy of state- 
ments by Ambassadors Diego C. Asencio, Assistant Secretary for 
Consular Affairs, Department of State, David O. Williams, Admin- 
istrator, U.S. Employment Service, U.S. Department of Labor, and 
a Statement of Billy Lee Hart, Acting Deputy Assistant Secretary 
(Operations), Territorial and International Affairs, Department of 
Interior, regarding the bill follow: 
STATEMENT OF AMBASSADOR DIEGO C, ASENCIO, ASSISTANT SECRE- 
TARY FOR CONSULAR AFFAIRS, DEPARTMENT OF STATE 
Mr. Chairman, members of the subcommittee, thank you 
for the opportunity to appear before you today to present 
the department’s comments on H.R. 3517, and on the situ- 
ation in the United States Virgin Islands. 
The Department of State has been involved in this situa- 
tion over the years only on a collateral basis, since the so- 
5 
called “off-isliand™ workers, who have been admitted to the 
Virgin Islands, have been exempt from the visa require- 
ment, Thus, the process 
of documenting these workers and 
of processing their applications for admission and stay in 
the islands has been handled by the Departments of Jus- 
tice ant Labor without the operational participation of the 
Department of State. However, the Department has had 
an intevest 
in the situation because the ability of these 
workers te continue their employment in the United States 
Virgin Islands has been of fundamental ceonomic import- 
ance for the British, French, and independent islands whence 
they canie. Therefore, any action which would alter the exist- 
ing state of affairs has implications for these other islands 
and, thus, implications which concern us. 
These off-island workers have lived and worked in the 
United States Virgin Islands for years. They have devel- 
oped enduring economic, social and family ties there, yet 
under existing immigration law they have no real chance 
of obtaining legal resident status. It is the Department of 
State's view that, in general, the provisions of this Bill, 
H.R. 3527, supply the best solution for this knotty problem 
which has long been a source of concern for the people and 
Government of the Virgin Islands and the Government of 
the United States. 
Section 2(a) of the bill provides for the adjustment of 
status of any alien described in subsection 2(b) of the Bill 
to that of lawful permanent resident alien if application 
therefor is made within one year of the bill’s enactment, 
and is otherwise eligible to receive an immigrant visa and 
(with certain exceptions) 
is otherwise admissible to the 
United States for permanent residence, and is physically 
present in the Virgin Islands of the United States at the 
time the application is filed. 
Section 2(b) applies the benefits noted in Sec. 2(a) to any 
alien who was inspected and admitted to the islands as 2 
nonimmigrant alien worker under section 101 (a) (15) (H) (ii) 
of the Immigration and N ationality Act (INA) or the spouse 
or minox child of such worker, and has resided continuously 
in the Islands since June 30, 1975. 
Section 2(c) (1) excludes adjustments under this Bill from 
the numerical limitations of Section 201(a) and 202 of the 
INA and forecloses any reduction in the number of aliens 
who may acquire lawful permanent residence status under 
the INA by reason of this Bill. 
The Department supports these provisions, 
Section 2(c) (2) provides the Secretary of State with dis- 
cretionary authority (after consultation with the Secretary 
of the Interior and the Governor of the Virgin Islands) to 
limit the number of immigrant visas that may be issued in 
any fiscal year to aliens who are beneficiaries of petitions 
filed by persons who have adjusted status under this bill. 
Discretionary authority such as this could result in frivo- 
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lous, but extensive litigation against the Secretary for ex- 
ercising this discretion in an allegedly discriminatory man- 
ner. The Department therefore cannot support this provision. 
Section 2(c) (3) denies (with certain exceptions) an immi- 
grant visa (or adjustment of status to lawful permanent 
resident) to any alien by virtue of a fourth or fifth prefer- 
ence petition filed by an individual who had his status ad- 
justed under this section. Similar benefits are denied an alien 
for whom a second preference petition is filed by an individ- 
ual admitted to the United States as an immigrant on the 
basis of an immediate relative petition filed by the individ- 
ual’s son or daughter. Who, in turn, had his or her status 
adjusted under this section. Once again this provision may 
open the gateway to litigation, particularly by citizens who 
file fourth or fifth preference petitions, to claim discrimina- 
tion and a denial of due process under the 14th Amendment 
to the Constitution, The Department cannot support this pro- 
vision, which, in its effect, would establish a second-class 
citizenship. 
It should be noted that the provisions of section 2(c) (3) 
could nut become operative for three to five years after the 
acquisition of lawful permanent resident status. 
One final thought on these provisions. If the Congress 
retains its intention to enact them denial action should be 
taken at the time of petitioning, not at the time of visa 
issuance. 
Section 2(c) (4) is a technical section relating descriptive 
terms to specific sections of the INA. 
Section 2(1) is a general savings clause. 
Section 3 is a blanket provision prohibiting the Attorney 
(reneral from approving any petition filed in the case of the 
importation of any temporary worker under section 101(A) 
(15) (HH) (II) of the INA for employment in the U.S. Virgin 
{slands. The Department of State defers to the Departments 
of Justice and Labor on this provision. 
Section 4 of the Bill establishes an Interagency Task Force 
on Virgin Islands Immigration. Although believing there 
may be a less expensive solution to the problem posed there- 
in, the Department of State defers in its views to those of 
the Departments named in that Section. 
Once again, may I express my appreciation for the oppor- 
tunity, extended to us by the Subcommittee, to present the 
views of the Department of State, 
Thank you, Mr. Chairman and members of the subcom- 
mittee. 
STATEMENT 
OF DAVID 
O. WILLIAMS, ADMINISTRATOR, 
U.S. 
EMPIAYMENT SERVICE, 
U.S. DEPARTMENT OF LABOR 
Mr. Chairman and members of the subcommittee, I appre- 
ciate the opportunity to appear before you today to discuss 
H.R. 3517. the Virgin Islands Nonimmigrant Alien Adjust- 
ment Act. of 1981. The Department of Labor defers to the 
7 
other Federal agencies with respect to those provisions of 
IER. 3517 that affect their jurisdiction and responsibilities. 
I shall therefore restrict my comments to those provisions in 
this bill that relate to the Department of Labor's responsibil- 
ity for labor certifications of noaimmigrant aliens for tempo- 
rary services or labor (H-2’s) in the U.S. Virgin Islands. 
As the Subcommittee is aware, the current H-2 situation in 
the U.S. Virgin Islands is the result of sui generis conditions 
that go back many years. Briefly stated. a long history of 
inter-island travel and labor migration prior to the applica- 
tion and enforcement of U.S. immigration laws, severe labor 
shortages during World War H, and a postwar U.S. Virgin 
Islanas policy of rapid economic growth, in a time of very low 
unemployment, combined with a series of changes in’ U.S. 
lmmigravion laws to produce a large influx of aliens and an 
unusual I{-z situation. By 1970, the population of the Virgin 
Islands (62,468) had almost doubled since 1960, the alien pop- 
ulation had more than quadrupled (rising from 3,826 in 1960 
to 18,928 by 1970), and foreign workers constituted almost 
half of the Virgin Islands lavor force. Many of these non- 
inunigrant workers had been employed in the Virgin Islands 
for a number of years. 
in order to ameliorate a situation of deteriorating labor 
conditions and inadvertent economic dependency on foreign 
labor, the Department sought to integrate these nonimmigrant 
workers into the Islands’ permanent labor force. During the 
late 1960s, when changes in the Immigration and Nationality 
Act increased the number of availabie immigrant visas, this 
Department 
issued permanent labor certifications to H-2 
workers employed at prevailing wage rates in permanent jobs 
in the Virgin islands economy. A total of 13,466 permanent 
labor certilications were issued by the end of fiscal year 1969. 
The current H-2 situation retlects special procedures set 
down by the Department in May 1970 to deal with the large 
number of H-Zs for whom permanent labor certifications were 
granted but immigrant visas were not yet available. To enable 
these H-2s to remain employed in the Virgin Islands, the 
Department also issued them indefinite certitications for em- 
ployment in the Virgin Islands as nonimmigrants. These non- 
immigrant workers have also been free to change employers, 
provided that the new jobs meet prevailing wage rates, and 
that no more than 60 days have lapsed between Vepartment- 
approved jobs. 
During the past decade, the number of nonimmigrant work- 
ers in the Virgin Islands has progressively declined. as im- 
migrant Visas became available or job opportunities declined. 
Most labor certification activity has consisted of renewals of 
nonimmigrant labor certifications of the kind 1 have pre- 
viously mentioned—that is, most certifications have been ap- 
provals of job changes. For example, by 1977, the Depart- 
ment’s Alien Certification Office in St. Thomas estimated 
that there were only 6200 H-2 workers in the Virgin Islands, 
and an additional 5,600 H-z spouses and children. 
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In fiscal year 1980, the Department issued 2,302 labor cer- 
tifications for employment in the Virgin Islands. Approxi- 
mately 95 pereent were renewals. The remainder were per- 
manent certifications for permanent resident visas or tem- 
porary certifications for H-2s admitted for temporary jobs, 
such as entertainers, with certifications generally issued for 
60 days. 
Nonimmigrant labor certifications of the group of alien 
workers who were granted permanent labor certification be- 
fore 1970 are renewed only if the alien seeks a new job. Be- 
cause the Virgin Islands program has been a part of our com- 
puterized data system for only about two years, cumulative 
data on labor certifications are available only through a man- 
ual check of files. Data from the 1978 INS Annual Report, 
however, suggest that relatively few aliens remain in non- 
immigrant status. Of the 22,449 aliens who reported under 
the alien address system, 13,353 were immigrants. We un- 
| 
derstand that about half of the remaining 9,096 are H-2s 
and H-—ts, 
Our New York Regional Office estimates that only about 
100 certifications have been issued for newly arriving aliens 
since June 30, 1975. We believe, therefore, that virtually all 
the H-2s and the H-4s currently residing in the Virgin Is- 
lands would be eligible for the benefits provided by the sec- 
tion 2 of H.R. 3517. 
I would like to turn to certain provisions of the bill affect- 
ing the Department of Labor. Section 2 of H.R. 3517 would 
authorize the granting of permanent resident alien status 
to aliens admitted as H-2s or as an H-2 spouse or minor 
child, if they have resided continuously in the U.S. Virgin 
Islands since June 30, 1975. Such an adjustment of status 
would obviate the need for indefinite special H-2 certifica- 
tions. We believe that this provision is a fair and equitable 
solution to the problem of aliens whose status has been in 
limbo for many years because of the unavailability of pref- 
erence numbers. These aliens have established roots in the 
Virgin Islands and have contributed to its social and eco- 
nomic development. 
Section 3 of the bill would terminate the H-2 program 
for the Virgin Islands. It may be useful to point out that, 
under such an extension 
as contemplated by section 
3, 
only aliens of distinguished merit and ability (H-1s) and 
industrial trainees (H-3s) would be admissible for tempo- 
rary employment in the Virgin Islands. Aliens not qualify- 
ing as H-1s or H-3s now admissible for temporary services 
or labor, 
if unemployed persons capable of performing 
such services or labor cannot be found (H-2s), would no 
longer be admitted in the U.S. Virgin Islands. The Depart- 
ment of Labor believes the resulting effect of this provision 
would be premature. The Immigration and Nationality Act 
incorporates territories as “States” for coverage purposes 
through the provisions of sections 101(a) (36) and (38). As 
9 
such, the H-2 program is operable in the various territor- 
ies. While we recognize that historically the Virgin Islands 
has had particular labor force considerations, we do not 
believe that a special immigration policy, as provided by 
section 3 of the bill, should be enacted absent full consider- 
ation of the broader policy question of how territories 
should be treated under the Act. 
Section 4 of the bill would establish an Interagency Task 
Force on Virgin Islands Immigration to analyze the impact 
on the government of the Virgin Islands of this legislation. 
In our view, the purposes of this provision could be accom- 
plished by increased interagency cooperation. The Depart- 
ment of Labor would be pleased to provide whatever assist- 
ance may be needed which is within its expertise. 
This concludes my prepared 
statement. 
I would 
be 
pleased to answer any questions you may have. 
STATEMENT OF BILLY LEE HART, ACTING DEPUTY ASSISTANT SEC- 
RETARY (OPERATION S), TERRITORIAL AND INTERNATIONAL AF- 
FAIRS, DEPARTMENT 
OF THE INTERIOR 
Mr. Chairman, I am pleased to be here today to express 
the views of the Department of the Interior on H.R. 3517, 
w bill that would adjust the status of a number of alien 
workers who have been long-term residents of the United 
States Virgin Islands. 
THE PROBLEM 
In the 1950’s and 1960’s, a large number of alien workers 
were imported into the United States Virgin Islands to 
relieve an acute labor shortage. At that time there was 
insufficient local labor to fill the jobs created by that era’s 
economic boom. These alien workers entered the Virgin 
Islands under section 101(a) (15) (H) (11) of the Immigration 
and Nationality Act, which allows entry into the United 
States of nonimmigrant aliens for temporary periods of 
time to work at temporary jobs. The spouses and minor 
children of many of these workers entered the Virgin Is- 
lands under the so-called H-4 provision. The temporary 
jobs soon evolved into permanent jobs and the Virgin Is- 
lands became the permanent home for these workers and 
their families. 
The alien worker problem in the Virgin Islands did not 
become acute until the end of the 1960s when the econom- 
ic boom lost its momentum and periods of recession were 
experienced. 
Job competition among alien laborers and 
with United States citizens intensified. Despite strong ties 
with the Virgin Islands, many were forced to return to 
their countries of origin due to lack of work. The insecur- 
ity caused by this tenuous status has reputedly made these 
nonimmigrants, with strong ties in the Virgin Islands, ripe 
for exploitation. 
" 
POMEIRAL AIT RUA APE 
i 
6 
o2 
10 
THE BILL 
H.R. 3517 presents a viable solution to this long-standing 
immigration problem 
in the Virgin Islands. We recom- 
mend enactment of H.R. 3517 with the amendments I will 
outline shortly. 
Section 
2 of H.R. 3517 would establish 
a mechanism 
whereby the Attorney General may adjust the status of a 
qualified nonimigrant alien in the Virgin Islands to that 
of an alien lawfully admitted for permanent residence in 
the United States. Section 2 also contains provisions for 
the potential limitation on the granting of immigrant visas 
to relatives of an individual who has his status adjusted 
under H.R, 3517. 
Section 3 of H.R. 3517 would repeal applicability of the 
temporary 
alien worker program 
in the Virgin Islands 
under section 101 (a) (15) (IL) (11) of the Immigration and Na- 
tionality Act. 
Section 4 would establish a task force with an authoriza- 
tion of $100,000 to examine the impact on the Government 
of the Virgin Islands of providing health, education, hous- 
ing, and other social services to individuals who have their 
status adjusted under section 2 of the bill. 
THE 
INTERIOR 
RECOM MENDATIONS 
The Department of the Interior recommends enactment 
of section 2. That section with its objective mechanism for 
adjusting the status of Virgin Islands nonimmigrant alien 
Workers and their families to that of permanent residents 
of the United States presents a viable solution to the iim- 
migration problem that has long plagued the Virgin Is- 
lands. 
The Department of the Interior does not recommend 
enactment of section 3 at this time. We note that the tem- 
porary worker program is not needed in the Virgin Islands 
at this time. If, in the future, a shortage of labor should de- 
velop in the Virgin Islands, the problem could probably be 
met by the importation of United States citizens from Puerto 
Rico or the 50 States. Therefore, assuming the United States 
labor supply is sufficient reactivation of the (H) (ii) pro- 
gram for the Virgin Islands may not be necessary. 
Notwithstanding the fact that the (H) (ii) program is not 
being used in the Virgin Islands at present, and the fur- 
ther fact that the Virgin Islands labor needs in the future 
could probably be met by United States resources, we ney- 
ertheless recommend that access to the program by the Virgin 
Islands not be foreclosed. The program should be kept as a 
stand-by alternative should the United States labor supply 
prove insufficient to meet Virgin Islands needs. While it may 
be desirable to modify the program, we agree with the De- 
partment of Labor that we should not legislate a special pol- 
icy for the Virgin Islands until consideration of the broader 
11 
policy question of the treatment of the territories under im- 
inigration law is resolved. 
As to the section 4 provision for a task force that would 
assess the impact of this bill on the Government of the Virgin 
Islands, we 
believe that the Government 
of the Virgin 
Islands itself is capable of, and should be responsible for, as- 
sessing any impact. We see no need to establish a new task 
force and spend an additional $100,000 for this purpose. We 
recommend, therefore, that section 4 of H.R. 3517 be deleted. 
CONCLUSION 
We support setcion 2 of H.R. 3517—the heart of the bill— 
because it is the best solution to this persistent immigration 
problem that we have seen. We appreciate the opportunity to 
present our views on the bill. 
STATEMENT OF ANDREW CARMICHAEL, ASSOCIATE COMMISSIONER, 
EXAMINATION, IMMIGRATION 
AND NATURALIZATION 
SERVICE 
Mr. Chairman, members of the committee, I am pleased 
to be here today to testify on H.R. 3517, a bill to provide for 
the adjustment of status of certain alien workers who have 
for some years lived and worked in the United States Virgin 
Islands. 
H.R. 3517 addresses a rg that has its roots in the 
acute labor shortage in the U.S. Virgin Islands in the 1950's. 
An economic boom on the islands created thousands of tourist 
related and industrial Jobs which could not be filled by the 
local labor market. In_ 1956, therefore, a temporary worker 
program was instituted, Initially, only British subjects who 
resided in the British Virgin Islands could enter under the 
program, and they could perform only certain kinds of labor. 
In 1959, the program was expanded to include workers from 
the British, French, and Netherlands West Indies. By the 
early 1960's the program’s original geographical and occupa- 
tional restrictions had been abandoned. By the late 1960's, over 
13,000 temporary workers had entered the U.S. Virgin Islands 
under the program. Nonimmigrants were then estimated to 
constitute 45 percent of the labor market, and to hold up to 
90 percent of the construction jobs and 60 percent of the so- 
called “service” jobs. 
Although these workers entered as nonimmigrants, under 
i “temporary” worker program, it soon became obvious that 
they in fact were permanent workers, or at least that their 
stays in the United States would be of indefinite duration. The 
Department of Labor recognized this reality in 1970, when it 
issued a policy statement authorizing these aliens to be indefi- 
nitely certified for employment in the U.S. Virgin Islands. 
However, they continued to be admitted as nonimmigrants, 
In the 1970's the situation in the Virgin Islands began to 
change. 
Economic conditions worsened, and for the first time 
since the institution of the temporary worker program, un- 
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12 
employment became a problem. In response, the Department 
of Labor in 1973 announced that it would issue no more 
“IL-2” temporary work certifications to persons who had not 
been previously certified. As a result of this policy, the num- 
ber of temporary workers in the U.S. Virgin Islands now hov- 
ers around 2,000, 
The problem addressed by H.R. 3517 is how to now handle 
the temporary workers still in the Virgin Islands. Although, 
as indicated above, these aliens were technically admitted as 
temporary workers, in fact their work was usually of a per- 
Inanent nature, and many of the aliens who would be afiected 
by the bill have now lived in the U.s. Virgin Islands for many 
years. They have raised their families there, and many have 
had United States citizen children. They entered to perform 
labor no one else then on the islands could, or would, perform. 
Yet their status has always been tenuous; despite their strong 
ties to the islands, they have had no permanent right to remain 
there. H.R. 3517 would give some of these workers, and their 
immediate families, that right. 
H.R. 3517 would allow an alien who was admitted to the 
U.S. Virgin Islands as a temporary worker, and who has 
resided in those islands continuously since June 30, 1975, 
to have his status adjusted to that of a lawful permanent 
resident of the United States, subject to certain conditions. 
His spouse and minor children could also adjust under the 
proposed law. The Department views this bill as an appro- 
priate method of regularizing the status of aliens who have 
made their homes in the United States, and who have over 
the years made valuable contributions to the economy of 
the U.S. Virgin Islands. 
The burden on the government in processing these ad- 
justments would be manageable. It is estimated that less 
than 5,600 persons would be adjusted under the proposed 
law, including workers presently in status and their Spouses 
and children, applicants for suspension of deportation, and 
aliens who have been awaiting visa numbers to adjust their 
status. Approximately 1,850 of those adjusted would be “H-2” 
workers currently in status, 2.000 would be the spouses and 
children of these workers. 1.050 would be former “H-2” 
workers with pending suspension of deportation applica- 
tions, and 600 would be former “H-2” workers eligible for 
adjustment under section 245 of the Act. but awaiting visa 
numbers. 
Processing the adjustment applications would take an addi- 
tional 10 employees, four CS-11 examiners and six GS-4 
clerk-tvpists. Present INS emplovees could be detailed to the 
Virgin Islands for this proiect. The total cost of the program 
would be approximately $100,000, and it would take approxi- 
mately nine weeks. 
As the people who would adjust under the bill have already 
been living in the U.S. Virgin Islands for some vears. the 
immediate impact on social services provided by the Virgin 
Islands government should not be great. If these people begin 
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13 
to bring in other relatives, however, the burden on social serv- 
ices may grow. 
At the same time H.R. 3517 responds to the needs of per- 
sons who previously entered as iemporary workers, it also 
puts an end to a program that is no longer necessary. Given 
the present economic climate in the U.S. Virgin Islands, and 
the continuing presence of individuals willing and able to 
perform any required labor, we think that statutory termi- 
nation of the so-called temporary worker program is ap- 
propriate. 
However, we are concerned that section 3 of the bill goes 
too far. This section is entitled “Termination of Temporary 
. 
Worker Program in the Virgin Islands,” which would indi- 
cate that the section’s intent is simply to put an end to the 
special worker program 
in the Virgin Islands, through 
which, in practical effect, aliens coming to work perma- 
nently entered on nonimmigrant “H-2” visas. The actual 
language of the section, however, is so broad that no “H- 
2” worker could, after enactment, enter the Virgin Islands 
for employment, even of a truly temporary nature. If this 
is in fact what is intended by the bill, we think it is ill- 
advised, as there may be times when bona fide temporary 
workers legitimately could be needed on the islands. We 
recommend that section of the bill be changed so that “H- 
2” workers are not actually banned in the islands, but 
rather are admitted only in strict accordance with section 
101(a) 
(15) (H) (ii) of the Act—that 
is, that they be ad- 
mitted only for work that really is temporary. 
We are somewhat concerned about sections 2(b)(2) and 
2(b) (38) of H.R. 3517. These provisions of the bill seek to 
avert an influx into the Virgin Islands of the relatives of 
those adjusted under the bill. The reasoning behind these 
provisions is clear. It is feared that if the status of thou- 
sands of aliens is adjusted under the proposed law, many 
thousands more will eventually enter as the relatives of those 
adjusted. These concerns are especially acute in the U.S. Vir- 
gin Islands because of the very smail size of the islands (a 
combined land area of approximately 130 square miles, and 
an estimated population of less than 100,000), and because 
schools, hospitals, and other social services are already heav- 
ily overburdened. 
Despite the rationale for these sections of the bill, the 
possible constitutional questions raised by it should be con- 
sidered. These will be discussed in more detail in a formal 
bill report. 
I wish to point out to the Committee today, 
however, that we know of no statutory precedent for condi- 
tioning the ability of citizens to bring in relatives upon the 
place where the citizens live, or the method by which they 
originally became lawful permanent residents. Moreover, en- 
acting such a law now could set a bad precedent. 
We also question the need for these provisions. Many of the 
persons who would be adjusted under the proposed law come 
not from independent nations, but from colonies or de- 
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14 
pendent areas of foreign states, such as the British Virgin 
Islands. Immigration from any one colony, component or 
dependent area of a foreign state is strictly limited by the 
immigration laws to 600 persons a year. Thus, unless this 
small statutory quota is raised, or the colonies gain their in- 
dependence. we do not anticipate huge numbers of aliens en- 
tering the United States as the relatives of persons adjusted 
under the bili. 
} 
The impact of this bill will also be lessened because most 
of those adjusted under it will not be eligible for citizen- 
ship until five years after adjustment. Some will choose not 
to seek naturalization after they become eligible. Thus, visa 
petitions under the fourth and fifth preferences, which can 
only be filed by citizens, will not begin to be filed until years 
after enactment of this bill, and even then, their numbers will 
probably be limited. 
In view of the likely judicial challenge to the provisions, 
and our belief that elimination of the provisions would not 
have a huge impact on immigration in the U.S. Virgin 
Islands, we recommend that these provisions be deleted. 
Except for the reservations I have expressed regarding 
certain portions of H.R. 3517, we support the bill, and re- 
spectfully urge the distinguished members of the Committee 
to adopt it. We consider the bill, overall, to be a fair one. and 
to be a reasoned response to a difficult problem which has long 
been of great concern to both citizens and aliens in the U.S. 
Virgin Islands. 
Thank you very much for giving me the opportunity to 
address you on this important matter. 
REGULATORY IMPACT STATEMENT 
In compliance with paragraph 11 Rule XXVI of the Standing 
Rules of the Senate it is hereby stated that the Committee anticipates 
that the bill will have no additional direct regulatory impact. After 
dlue consideration, the Committee has determined that the changes 
in existing law contained in the bill will not increase or diminish 
any present regulatory responsibilities of the U.S. Denartment of 
Justice or of any other Department which exercises a law enforce- 
ment responsibility. 
COST ESTIMATE 
U.S. Conaress, 
CoNnGRESSIONAL Bupcet OFFice, 
Washington, D.C., August 5, 1982. 
Hon. Strom Trrurmonp, 
Chairman, Committee on the Judiciary, U.S. Senate, Dirksen Senate 
Office Building. Washington, D.C. 
Dear Mr. Crrairman: Pursuant to Section 403 of the Congressional 
Budget Act of 1974, the Congressional Budget Office has reviewed 
H.R. 3517, the Virgin Islands 
Nonimmigrant Alien Adjustment Act of 
1981, as passed by the House of Representatives on November 4, 1981, 
15 
and ordered reported by the Senate Committee on the Judiciary, 
August 3, 1982, 
The act provides for the adjustment of immigration status of any 
nonimmigrant alien meeting certain conditions to that of lawful per- 
manent 
resident 
alien. Eligible individuals must make application 
within one year of the date of enactment of the act, be eligible to receive 
a U.S. immigration visa, have resided continuously in the Virgin Is- 
lands since June 80, 1975, and have been inspected and admitted to the 
Virgin Islands either as a nonimmigrant alien worker or as a spouse or 
minor child of such worker. Approximately 5,600 individuals are 
affected by this bill. 
The act also authorizes the Secretary of State to limit the number of 
immigrant visas that may be issued in any fiscal year to aliens with 
respect to whom second preference petitions are approved. Addition- 
ally, the bill denies the eligibility of aliens to receive immigration visas 
by virtue of a second, fourth, or fifth preference petition except in cer- 
tain circumstances and terminates the temporary worker program in 
the Virgin Islands. 
Finally, H.R. 3517 directs the Secretaries of Health and Human 
Services, Education, Housing and Urban Development, Labor, and the 
Interior, and the Attorney General, in consultation with the govern- 
ment of the Virgin Islands, to assess the social and economic impact of 
the act on the Virgin Islands and to report their findings to the Presi- 
dent and the Congress. 
Information available from the Immigration and Naturalization 
Service indicates that enactment of this act would result in the deploy- 
ment to the Virgin Islands of a temporary task force of four immigra- 
tion officers and six clerks for a period of approximately nine weeks to 
handle the administrative duties involved. It is expected that the net 
cost to the federal government in the form of per diem and travel fees 
would be approximately $100,000 in fiseal year 1983. 
The study of the social and economic impact of this act on the Virgin 
Islands will result in no net cost to the government because it is to be 
funded out of available appropriations. 
Should the Committee so desire, we would be pleased to provide fur- 
ther details on this estimate. 
Sincerely, 
Raymonp C, Scuerracu 
(For Alice M. Rivlin, Director). 
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