CHAMBER OF COMMERCE
OF THE
UNITED STATES OF AMERICA
1615 H STREET, N.W.
WASHINGTON, D.C. 20062
RANDEL K. JOHNSON
AMY M. NICE
SENIOR VICE PRESIDENT
LABOR, IMMIGRATION, &
EMPLOYEE BENEFITS
EXECUTIVE DIRECTOR
IMMIGRATION POLICY
January 16, 2014
The Honorable Edward J. Ramotowski
Deputy Assistant Secretary of State
Visa Services
U.S. Department of State
Bureau of Consular Affairs
Harry S. Truman Building
2201 C Street, NW, Room 6826,
Washington, DC 20520
Re:
Applicability of the Government Paperwork Elimination Act and Electronic
Signatures in Global and National Commerce Act
Request for Electronic Signature on Form I-129S
Dear Deputy Assistant Secretary Ramotowski:
The U.S. Chamber of Commerce is the world’s largest business federation,
representing the interests of more than three million businesses and organizations of every
size, sector, and region, as well as state and local chambers and industry associations, and
dedicated to promoting, protecting, and defending America’s free enterprise system.
We are writing to ask your consideration of acknowledging the validity of
electronic signatures on the Form I-129S, a form filed exclusively at the Department’s
consular posts abroad, to facilitate applications for L-1 visas under the L visa blanket
program.
As you know, in October 1998 President Clinton signed into law the Government
Paperwork Elimination Act (GPEA, Pub. L. 105-277), requiring that, when practicable,
Federal agencies use electronic forms, electronic filing, and electronic signatures to
conduct official business with the public. As reflected in the Department’s Foreign Affairs
Manual (5 FAM §141), one of the principal effects of the GPEA is that it "encourages the
federal government to use a range of electronic signature alternatives." In June 2000,
GPEA was complemented by E-SIGN legislation (the Electronic Signatures in Global and
National Commerce Act, Pub. L. 106-229), applying to all commercial, consumer, or
Request for Electronic Signature on Form I-129S
January 16, 2014
Page 2
business transactions involving federal organizations. We are aware that the Department
of State’s Bureau of Consular Affairs has taken an active role in converting the
Department’s paper-based visa application forms to forms utilizing electronic signatures,
and that the Department has expertise in addressing the relationship between electronic
signatures, security procedures, and the signing process.
Recognition of electronic signatures on the Form I-129S should fit in with GPEA
authority, E-SIGN protocols, and the Department’s history and expertise.
The I-129S forms must be signed by an authorized U.S. representative of a U.S.
petitioning entity, and are also typically signed by immigration counsel in the U.S., but
must be filed at U.S. consular posts abroad. All of the multinational companies who are
duly registered for the L visa blanket program and are complying with the terms and
conditions of their company’s L visa blanket approval are inconvenienced by the lack of
availability of electronic signature capability. Under the current process, the U.S. business
must send by courier, to ensure international secured delivery, documents containing
original signatures being mailed from the U.S. to foreign operations of the petitioning U.S.
employer, so the visa applicant can present the forms at the U.S. consular post abroad.
Under the proposed process, if companies and their counsel were allowed to utilize
electronic signatures on Form I-129S, such forms could be e-mailed to the local foreign
operations of the petitioning entity for submission to the relevant U.S consular post (or the
Department could develop electronic filing for I-129S forms tied to an L blanket
application and appointment at U.S. consular posts, with in-person presentation of all
supporting documents). Continuing to not recognize electronic signature for Form I-129S
creates a burdensome, expensive, and unnecessary process, wasting time and money.
Please let us know if the Department of State is willing and able to take on this
issue. We thank you for your consideration of these views.
Sincerely,
Randel K. Johnson
Senior Vice President
Labor, Immigration and
Employee Benefits
Amy M. Nice
Executive Director
Immigration Policy
Cc: Director, U.S. Citizenship and Immigration Services
Associate Director, U.S. Citizenship and Immigration Services – Customer Service
and Public Engagement