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COMMITTEE ON THE JUDICIARY

PETER W. RODINO, JR., New Jersey, Chairman

JACK BROOKS, Texas

ROBERT W. KASTENMEIER, Wisconsin
DON EDWARDS, California

WILLIAM L. HUNGATE, Missouri
JOHN CONYERS, JR., Michigan
JOSHUA EILBERG, Pennsylvania
WALTER FLOWERS, Alabama
JAMES R. MANN, South Carolina
PAUL S. SARBANES, Maryland
JOHN F. SEIBERLING, Ohio
GEORGE E. DANIELSON, California
ROBERT F. DRINAN, Massachusetts
BARBARA JORDAN, Texas
RAY THORNTON, Arkansas
ELIZABETH HOLTZMAN, New York
EDWARD MEZVINSKY, Iowa
HERMAN BADILLO, New York
ROMANO L. MAZZOLI, Kentucky
EDWARD W. PATTISON, New York
CHRISTOPHER J. DODD, Connecticut
WILLIAM J. HUGHES, New Jersey
MARTIN A. RUSSO, Illinois

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EARL C. DUDLEY, Jr., General Counsel
GARNER J. CLINE, Staff Director
HERBERT FUCHS, Counsel
WILLIAM P. SHATTUCK, Counsel
ALAN A. PARKER, Counsel
JAMES F. FALCO, Counsel
MAURICE A. BARBOZA, Counsel
THOMAS W. HUTCHISON, Counsel
ARTHUR P. ENDRES, Jr., Counsel
DANIEL L. COHEN, Counsel
FRANKLIN G. POLK, Counsel
THOMAS E. MOONEY, Counsel
ALEXANDER B. Cook, Counsel
CONSTANTINE J. GEKAS, Counsel
ALAN F. COFFEY, Jr., Counsel
KENNETH N. KLEE, Counsel

i

SUBCO

ON IMMIGRATION, CITIZENSHIP, AND INTERNATIONAL LAW

JOSHUA EILBERG, Pennsylvania, Chairman

PAUL S. SARBANES, Maryland
ELIZABETH HOLTZMAN, New York
CHRISTOPHER J. DODD, Connecticut
MARTIN A. RUSSO, Illinois

HAMILTON FISH, JR., New York
WILLIAM S. COHEN, Maine

GARNER J. CLINE, Counsel
ARTHUR P. ENDRES, Jr., Counsel
JANICE A. ZARRO, Assistant Counsel
ALEXANDER B. COOK, A88ociate Counsel

(II)

FOREWORD-VI REPORT

The Virgin Islands of the United States (USVI) is experiencing the most complex immigration problems facing the United States. Most of the problems are peculiar to the Virgin Islands and have stemmed from a U.S. immigration policy that has failed to recognize that the Virgin Islands are unique from the rest of the United States in terms of its history, geography, economy, and social structure.

During the 93rd Congress, the Delegate from the U.S. Virgin Islands, the Honorable Ron de Lugo, focused the attention of the Subcommittee on Immigration, Citizenship, and International Law on the multifaceted problems confronting the USVI. The Chairman of the Subcommittee, the Honorable Joshua Eilberg discussed the scope and severity of the problems with the Delegate from the USVI and recognized the need for remedial legislation.

In order to obtain a better understanding of the situation, Chairman Eilberg and Subcommittee staff traveled to the USVI to investigate the alien labor program in that Territory. During his visit, Chairman Eilberg interviewed legislators, businessmen, and community leaders, and interested organizations in an effort to ascertain their respective positions on the problem and to solicit their comments and recommendations.

At the present time there are approximately 11,500 nonimmigrant aliens residing and working in the USVI. These aliens have been temporarily admitted to the USVI under section 101 (a) (15) (H) (ii) of the Immigration and Nationality Act in order to perform temporary labor in that Territory. At the same time, it is estimated that there may be another 20,000 to 30,000 nonimmigrant aliens (H-4's) who are the spouses and dependents of the principal H-2 aliens.

Of the approximately 40,000 individuals in the Virgin Islands labor force, 10,000 are currently employed by the Virgin Islands government. Assuming these figures are accurate, nonimmigrant aliens comprise approximately 40 percent of the nongovernment labor force in the Virgin Islands and constitute almost half of the population of the U.S. Virgin Islands. Many of these aliens have resided for long periods of time in the Virgin Islands and have become a permanent part of the social and economic structure there.

The purpose of this report is to trace the development of this situation, to discuss and analyze the various problems which have arisen, and to make recommendations concerning the future immigration status of these nonimmigrant aliens.

The Subcommittee wishes to acknowledge the invaluable research assistance provided by Joyce Vialet, Education and Public Welfare Division, Congressional Research Service, Library of Congress, in the preparation of this report.

(III)

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