[House Report 110-699]
[From the U.S. Government Publishing Office]
110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-699
======================================================================
TO AMEND THE IMMIGRATION AND NATIONALITY ACT TO ESTABLISH A SEPARATE
NONIMMIGRANT CLASSIFICATION FOR FASHION MODELS
_______
June 5, 2008.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
Mr. Conyers, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 4080]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the bill
(H.R. 4080) to amend the Immigration and Nationality Act to
establish a separate nonimmigrant classification for fashion
models, having considered the same, report favorably thereon
with an amendment and recommend that the bill as amended do
pass.
CONTENTS
Page
The Amendment.................................................... 1
Purpose and Summary.............................................. 3
Background and Need for the Legislation.......................... 3
Hearings......................................................... 5
Committee Consideration.......................................... 5
Committee Votes.................................................. 5
Committee Oversight Findings..................................... 6
New Budget Authority and Tax Expenditures........................ 6
Congressional Budget Office Cost Estimate........................ 6
Performance Goals and Objectives................................. 8
Constitutional Authority Statement............................... 8
Advisory on Earmarks............................................. 8
Section-by-Section Analysis...................................... 8
Agency Views..................................................... 9
Changes in Existing Law Made by the Bill, as Reported............ 11
The Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. ESTABLISHMENT OF NEW FASHION MODEL NONIMMIGRANT
CLASSIFICATION.
(a) In General.--
(1) New classification.--Section 101(a)(15)(P) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(P)) is
amended--
(A) in clause (iii), by striking ``or'' at the end;
(B) in clause (iv), by striking ``clause (i), (ii),
or (iii)'' and inserting ``clause (i), (ii), (iii), or
(iv)'';
(C) by redesignating clause (iv) as clause (v); and
(D) by inserting after clause (iii) the following:
``(iv) is a fashion model who is of distinguished
merit and ability and who is seeking to enter the
United States temporarily to perform fashion modeling
services that involve events or productions which have
a distinguished reputation or that are performed for an
organization or establishment that has a distinguished
reputation for, or a record of, utilizing prominent
modeling talent; or''.
(2) Authorized period of stay.--Section 214(a)(2)(B) of the
Immigration and Nationality Act (8 U.S.C. 1184(a)(2)(B)) is
amended in the second sentence--
(A) by inserting ``or fashion models'' after
``athletes''; and
(B) by inserting ``or fashion model'' after
``athlete''.
(3) Numerical limitation.--Section 214(c)(4) of the
Immigration and Nationality Act (8 U.S.C. 1184(c)(4)) is
amended by adding at the end the following:
``(I)(i) The total number of aliens who may be issued visas or
otherwise provided nonimmigrant status during any fiscal year under
section 101(a)(15)(P)(iv) may not exceed 1,000.
``(ii) The numerical limitation established by clause (i) shall only
apply to principal aliens and not to the spouses or children of such
aliens.
``(iii) An alien who has already been counted toward the limitation
established by clause (i) shall not be counted again during the same
period of stay or authorized extension under subsection (a)(2)(B),
irrespective of whether there is a change in petitioner under
subparagraph (C).''.
(4) Consultation.--
(A) In general.--Section 214(c)(4)(D) of the
Immigration and Nationality Act (8 U.S.C.
1184(c)(4)(D)) is amended by striking ``clause (i) or
(iii)'' and inserting ``clause (i), (iii), or (iv)''.
(B) Advisory opinion.--Section 214(c)(6)(A)(iii) of
the Immigration and Nationality Act (8 U.S.C.
1184(c)(6)(A)(iii)) is amended--
(i) by striking ``section 101(a)(15)(P)(i) or
101(a)(15)(P)(iii),'' and inserting ``clause
(i), (iii), or (iv) of section
101(a)(15)(P),''; and
(ii) by striking ``of athletics or
entertainment''.
(C) Expedited procedures.--Section 214(c)(6)(E)(i) of
the Immigration and Nationality Act (8 U.S.C.
1184(c)(6)(E)(i)) is amended by striking ``artists or
entertainers'' and inserting ``artists, entertainers,
or fashion models''.
(b) Elimination of H-1B Classification for Fashion Models.--Section
101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(i)(b)) is amended--
(1) by striking ``or as a fashion model''; and
(2) by striking ``or, in the case of a fashion model, is of
distinguished merit and ability''.
(c) Effective Date and Implementation.--
(1) In general.--The amendments made by this section shall
take effect on the date of the enactment of this Act.
(2) Regulations, guidelines, and precedents.--The
regulations, guidelines and precedents in effect on the date of
the enactment of this Act for the adjudication of petitions for
fashion models under section 101(a)(15)(H)(i)(b) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(i)(b)), shall be applied to petitions for
fashion models under section 101(a)(15)(P)(iv) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(P)(iv)),
as added by this Act, except to the extent modified by the
Secretary of Homeland Security through final regulations (not
through interim regulations) promulgated in accordance with
subchapter II of chapter 5, and chapter 7, of title 5, United
States Code (commonly known as the ``Administrative Procedure
Act'').
(3) Construction.--Nothing in this section shall be construed
as preventing an alien who is a fashion model from obtaining
nonimmigrant status under section 101(a)(15)(O)(i) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(O)(i)) if
such alien is otherwise qualified for such status.
(4) Treatment of pending petitions.--Petitions filed on
behalf of fashion models under section 101(a)(15)(H)(i)(b) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(i)(b)) that are pending on the date of the
enactment of this Act shall be treated as if they had been
filed under section 101(a)(15)(P)(iv) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(P)(iv)), as added by this
Act.
Purpose and Summary
H.R. 4080 amends the Immigration and Nationality Act to
establish a separate nonimmigrant classification for fashion
models. The bill reclassifies fashion models of distinguished
merit and ability, moving them from the H-1B visa category and
establishing a new visa category for fashion models within the
P visa category. The creation of a new category for fashion
models within the P visa category corrects an earlier
inadvertent misclassification of fashion models as H-1B
workers.
Background and Need for the Legislation
The H-1 category in existence before the enactment of
Immigration Act of 1990\1\ was not limited to individuals in
``specialty occupations,'' which includes individuals with
bachelor's degrees or above, as the H1-B category is under
current law. Instead, the
H-1 category encompassed any individual of ``distinguished
merit and ability'' coming temporarily ``to perform services of
an exceptional nature requiring such merit and ability.''\2\
This included fashion models.
---------------------------------------------------------------------------
\1\Immigration Act of 1990, Pub. L. No. 101-649, 104 Stat. 4978
(1990).
\2\8 U.S.C. Sec. 1101(h)(1) (1989); Robert C. Divine and R. Blake
Chisam, Immigration Practice, Sec. 17-4(b), pp. 17-77-78 (Juris
Publishing, Inc. 2006).
---------------------------------------------------------------------------
The Immigration Act of 1990 reformed the employment-based
immigration system and created the P visa category to
accommodate individuals in the performing arts and athletics
who previously had been included in H-1,\3\ as well as a
separate H-1B category for up to 65,000 individuals who are
coming temporarily to work in a ``specialty occupation,'' which
is defined as ``an occupation that requires . . . (A)
theoretical and practical application of a body of highly
specialized knowledge, and (B) attainment of a bachelor's or
higher degree in the specific specialty (or its equivalent) as
a minimum for entry into the occupation in the United
States.''\4\ The 1990 Act inadvertently omitted fashion models
from any visa category. The omission was noticed, and addressed
in the Miscellaneous and Technical Immigration and
Naturalization Amendments of 1991;\5\ but fashion models were
added to the H-1B category,\6\ under the overall H-1B numerical
cap, rather than to the P visa category.
---------------------------------------------------------------------------
\3\Immigration Act of 1990, Sec. 207, Pub. L. No. 101-649, 104
Stat. 4978 (1990).
\4\Robert C. Divine and R. Blake Chisam,Immigration Practice,
Sec. 17-4(b), p. 17-79 (Juris Publishing, Inc. 2006) (citing INA
Sec. 214(i)(1)).
\5\Miscellaneous and Technical Immigration and Naturalization
Amendments of 1991, Pub. L. No. 102-232, 105 Stat. 1733 (Dec. 12,
1991).
\6\Id. at Sec. 207(b).
---------------------------------------------------------------------------
So long as the supply of H-1B visa numbers exceeded demand,
placing fashion models in the H-1B category merely appeared
odd. Since the late 1990's, however, when the demand for visas
under H-1B began bumping up against the numerical cap, the
misfit between fashion models and the H-1B category has
increasingly caused real problems. From fiscal years 2000
through 2005, new employment approvals for H-1B fashion models
ranged from 614 to 790. In fiscal years 2005 through 2007,
these numbers declined steadily to 467, 438, and 349
respectively, likely as a result of the pressure on H-1B
numbers caused by the H-1B cap.
The current visa structure hurts American commercial
interests; undermines our Nation's leadership role in the
international fashion, publishing, and advertising industries;
and does nothing to advance the careers of American fashion
models. When advertisers and marketers cannot get the
particular fashion model they want into the United States for
their ``shoot,'' they have an easy solution--namely, to move
the location of the shoot off shore.
When shoots are moved outside the United States, the
American economy suffers. Taxes that would be paid by foreign
fashion models for working in the United States are lost to
Federal and state governments, firms that manage fashion models
in the United States lose commissions to foreign firms,
American fashion models who might be included in ensemble
shoots are displaced by local talent in the offshore location,
advertising agencies and other media firms in the United States
lose business to their foreign counterparts, American fashion
photographers lose business to foreign photographers, and
workers who support fashion shoots--air and makeup artists,
fashion stylists, prop stylists, photographic printers,
retouchers, assistants--lose employment opportunities.
H.R. 4080 creates a new subcategory in the P visa category
that retains the current admission standards applied to fashion
models, while assuring that visas will remain available to
fashion models of distinguished merit and ability. Placing
fashion models in the P visa category corrects the
misclassification that occurred in the Miscellaneous and
Technical Immigration and Naturalization Amendments of 1991 and
more appropriately groups fashion models with other
nonimmigrants (e.g., actors, athletes, and musicians) whose
skill is in performances that give them a unique commercial
identity and who make periodic trips into the country for time-
limited assignments. In addition, by removing fashion models
from the H-1B category, several hundred more visas per year
will be available for professional workers for whom the
category was intended.
The amendment adopted by the Subcommittee on Immigration,
Citizenship, Refugees, Border Security, and International Law
limits the number of fashion models who can be admitted
annually under the P visa category to 1,000, and serves to
ensure that the ``consultation'' requirements applicable to
artists, entertainers, and athletes under the existing P
category, which help protect American workers, would apply to
fashion models as well.
The bill provides that the ``regulations, guidelines and
precedents in effect on the date of the enactment of this Act
for the adjudication of petitions for fashion models under
section 101(a)(15)(H)(i)(b) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)(H) (i)(b)), shall be applied to
petitions for fashion models under section 101(a)(15)(P)(iv) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(P)(iv)), as added by this Act, except to the extent
modified by the Secretary of Homeland Security through final
regulations (not through interim regulations) promulgated in
accordance with the Administrative Procedure Act.'' The
Committee emphasizes that regulations, guidelines, and
precedents from the H-1B category that do not apply to the P
visa category, such as the requirement that a petitioner file a
Labor Condition Application with the Secretary of Labor, should
not apply to petitions filed under the new P-4 visa category.
In addition, the Committee intends that the Department of State
take all steps reasonable and necessary to ameliorate the
adverse consequences to foreign fashion models with respect to
visa applications, such as changes in the applicable ``visa
reciprocity schedule,'' caused by moving fashion models to the
P category from the H-1B category. Further, the Committee
strongly urges the Department of State to readily permit visa
applicants under the new P-4 category to apply for visas in
third countries and to temporarily apply more favorable H-1B
reciprocity schedules to the new P-4 category during the time
between the passage of this Act and any renegotiation of
applicable visa reciprocity schedules.
Hearings
The Committee on the Judiciary held no hearings on H.R.
4080.
Committee Consideration
On May 8, 2008, the Subcommittee on Immigration,
Citizenship, Refugees, Border Security, and International Law
met in open session and ordered the bill H.R. 4080 favorably
reported, with an amendment, by voice vote, a quorum being
present. On May 14, 2008, the Committee met in open session and
ordered the bill H.R. 4080 favorably reported, with an
amendment, by a rollcall vote of 20 to 3, a quorum being
present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that the
following rollcall votes occurred during the Committee's
consideration of H.R. 4080.
1. Motion to report H.R. 4080, as amended, favorably.
Passed 20 to 3.
ROLLCALL NO. 1
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Conyers, Jr., Chairman...................................... X
Mr. Berman......................................................
Mr. Boucher.....................................................
Mr. Nadler...................................................... X
Mr. Scott....................................................... X
Mr. Watt........................................................ X
Ms. Lofgren..................................................... X
Ms. Jackson Lee................................................. X
Ms. Waters...................................................... X
Mr. Delahunt....................................................
Mr. Wexler......................................................
Ms. Sanchez..................................................... X
Mr. Cohen....................................................... X
Mr. Johnson.....................................................
Ms. Sutton...................................................... X
Mr. Gutierrez................................................... X
Mr. Sherman..................................................... X
Ms. Baldwin.....................................................
Mr. Weiner...................................................... X
Mr. Schiff...................................................... X
Mr. Davis.......................................................
Ms. Wasserman Schultz........................................... X
Mr. Ellison.....................................................
Mr. Smith (Texas)............................................... X
Mr. Sensenbrenner, Jr........................................... X
Mr. Coble....................................................... X
Mr. Gallegly....................................................
Mr. Goodlatte...................................................
Mr. Chabot...................................................... X
Mr. Lungren..................................................... X
Mr. Cannon......................................................
Mr. Keller...................................................... X
Mr. Issa........................................................ X
Mr. Pence.......................................................
Mr. Forbes......................................................
Mr. King........................................................ X
Mr. Feeney......................................................
Mr. Franks......................................................
Mr. Gohmert.....................................................
Mr. Jordan......................................................
-----------------------------------------------
Total....................................................... 20 3
----------------------------------------------------------------------------------------------------------------
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 4080, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 15, 2008.
Hon. John Conyers, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4080, a bill to
amend the Immigration and Nationality Act to establish a
separate nonimmigrant classification for fashion models.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz, who can be reached at 226-2860.
Sincerely,
Peter R. Orszag,
Director.
Enclosure
cc:
Honorable Lamar S. Smith.
Ranking Member
H.R. 4080--A bill to amend the Immigration and Nationality Act to
establish a separate nonimmigrant classification for fashion
models.
CBO estimates that implementing H.R. 4080 would have no
significant cost to the Federal Government. Enacting the bill
could affect direct spending, but CBO estimates that any such
effects would not be significant in any year. In addition, we
estimate that enacting H.R. 4080 could increase revenues by
less than $500,000 a year in fiscal years 2009 through 2018.
H.R. 4080 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of State, local, or tribal
governments.
H.R. 4080 would establish a new nonimmigrant category for
certain fashion models. Those individuals would be able to
enter the United States and remain for up to 10 years under the
new classification. The bill would limit the number of
nonimmigrant visas granted to models to 1,000 for each fiscal
year, not including any spouses or children accompanying the
applicant.
The Department of State collects fees from persons who
apply for such visas from overseas. Under current law, the
department charges an application fee of $131 per person. In
addition, DHS would collect a fee of $320 to process the visa
applications submitted by fashion models. All of those fees are
classified as offsetting collections (for the Department of
State) or offsetting receipts (for DHS) and are retained and
spent by the departments. CBO estimates that the net budgetary
effect of those increased collections would be less than
$500,000 a year.
In addition, the Department of State may charge additional
fees for issuing a nonimmigrant visa. Those fees vary by
country and are deposited in the Treasury as revenues. Based on
the number of fashion models entering the United States as
nonimmigrants in recent years, CBO estimates that the
department would process fewer than 1,000 additional
applications annually and that enacting H.R. 4080 would
increase revenues by less than $500,000 a year in fiscal years
2009 through 2018.
Finally, some of the additional persons admitted under this
legislation could become eligible for certain Federal benefits,
but CBO expects that any increase in direct spending for
benefit programs would not be significant over the 2009-2018
period.
The CBO staff contacts for this estimate are Mark Grabowicz
(for DHS's costs), who can be reached at 226-2860, and Sunita
D'Monte (for the Department of State's costs), who can be
reached at 226-2840. This estimate was approved by Theresa
Gullo, Deputy Assistant Director for Budget Analysis.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
4080 amends the Immigration and Nationality Act to replace the
current nonimmigrant H-1B visa category for fashion models with
a new P-4 visa category.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in article I, section 8, clause 4 of the
Constitution.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 4080 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Sec. 1. Establishment of New Fashion Model Nonimmigrant
Classification. Section 1 amends the Immigration and
Nationality Act to replace the current nonimmigrant H-1B visa
category for fashion models with a new P-4 visa category. It
defines such category as a fashion model who is of
distinguished merit and ability and who is seeking to enter the
United States temporarily to perform fashion modeling services
that involve events or productions which have a distinguished
reputation or that are performed for an organization or
establishment that has a distinguished reputation for, or a
record of, utilizing prominent modeling talent.
Agency Views
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
IMMIGRATION AND NATIONALITY ACT
* * * * * * *
TITLE I--GENERAL
definitions
Section 101. (a) As used in this Act--
(1) * * *
* * * * * * *
(15) The term ``immigrant'' means every alien except an alien
who is within one of the following classes of nonimmigrant
aliens--
(A) * * *
* * * * * * *
(H) an alien (i)(b) subject to section 212(j)(2), who
is coming temporarily to the United States to perform
services (other than services described in subclause
(a) during the period in which such subclause applies
and other than services described in subclause (ii)(a)
or in subparagraph (O) or (P)) in a specialty
occupation described in section 214(i)(1) [or as a
fashion model], who meets the requirements for the
occupation specified in section 214(i)(2) [or, in the
case of a fashion model, is of distinguished merit and
ability], and with respect to whom the Secretary of
Labor determines and certifies to the Attorney General
that the intending employer has filed with the
Secretary an application under section 212(n)(1), or
(b1) who is entitled to enter the United States under
and in pursuance of the provisions of an agreement
listed in section 214(g)(8)(A), who is engaged in a
specialty occupation described in section 214(i)(3),
and with respect to whom the Secretary of Labor
determines and certifies to the Secretary of Homeland
Security and the Secretary of State that the intending
employer has filed with the Secretary of Labor an
attestation under section 212(t)(1), or (c) who is
coming temporarily to the United States to perform
services as a registered nurse, who meets the
qualifications described in section 212(m)(1), and with
respect to whom the Secretary of Labor determines and
certifies to the Attorney General that an unexpired
attestation is on file and in effect under section
212(m)(2) for the facility (as defined in section
212(m)(6)) for which the alien will perform the
services; or (ii)(a) having a residence in a foreign
country which he has no intention of abandoning who is
coming temporarily to the United States to perform
agricultural labor or services, as defined by the
Secretary of Labor in regulations and including
agricultural labor defined in section 3121(g) of the
Internal Revenue Code of 1986, agriculture as defined
in section 3(f) of the Fair Labor Standards Act of 1938
(29 U.S.C. 203(f)), and the pressing of apples for
cider on a farm, of a temporary or seasonal nature, or
(b) having a residence in a foreign country which he
has no intention of abandoning who is coming
temporarily to the United States to perform other
temporary service or labor if unemployed persons
capable of performing such service or labor cannot be
found in this country, but this clause shall not apply
to graduates of medical schools coming to the United
States to perform services as members of the medical
profession; or (iii) having a residence in a foreign
country which he has no intention of abandoning who is
coming temporarily to the United States as a trainee,
other than to receive graduate medical education or
training, in a training program that is not designed
primarily to provide productive employment; and the
alien spouse and minor children of any such alien
specified in this paragraph if accompanying him or
following to join him;
* * * * * * *
(P) an alien having a foreign residence which the
alien has no intention of abandoning who--
(i) * * *
* * * * * * *
(iii)(I) * * *
* * * * * * *
(II) seeks to enter the United States
temporarily and solely to perform, teach, or
coach as such an artist or entertainer or with
such a group under a commercial or
noncommercial program that is culturally
unique; [or]
(iv) is a fashion model who is of
distinguished merit and ability and who is
seeking to enter the United States temporarily
to perform fashion modeling services that
involve events or productions which have a
distinguished reputation or that are performed
for an organization or establishment that has a
distinguished reputation for, or a record of,
utilizing prominent modeling talent; or
[(iv)] (v) is the spouse or child of an alien
described in [clause (i), (ii), or (iii)]
clause (i), (ii), (iii), or (iv) and is
accompanying, or following to join, the alien;
* * * * * * *
TITLE II--IMMIGRATION
* * * * * * *
Chapter 2--Qualifications for Admission of Aliens; Travel Control of
Citizens and Aliens
* * * * * * *
ADMISSION OF NONIMMIGRANTS
Sec. 214. (a)(1) * * *
(2)(A) * * *
(B) The period of authorized status as a nonimmigrant
described in section 101(a)(15)(P) shall be for such period as
the Attorney General may specify in order to provide for the
competition, event, or performance for which the nonimmigrant
is admitted. In the case of nonimmigrants admitted as
individual athletes or fashion models under section
101(a)(15)(P), the period of authorized status may be for an
initial period (not to exceed 5 years) during which the
nonimmigrant will perform as an athlete or fashion model and
such period may be extended by the Attorney General for an
additional period of up to 5 years.
* * * * * * *
(c)(1) * * *
* * * * * * *
(4)(A) * * *
* * * * * * *
(D) The Attorney General shall approve petitions under this
subsection with respect to nonimmigrants described in [clause
(i) or (iii)] clause (i), (iii), or (iv) of section
101(a)(15)(P) only after consultation in accordance with
paragraph (6).
* * * * * * *
(I)(i) The total number of aliens who may be issued visas or
otherwise provided nonimmigrant status during any fiscal year
under section 101(a)(15)(P)(iv) may not exceed 1,000.
(ii) The numerical limitation established by clause (i) shall
only apply to principal aliens and not to the spouses or
children of such aliens.
(iii) An alien who has already been counted toward the
limitation established by clause (i) shall not be counted again
during the same period of stay or authorized extension under
subsection (a)(2)(B), irrespective of whether there is a change
in petitioner under subparagraph (C).
* * * * * * *
(6)(A)(i) * * *
* * * * * * *
(iii) To meet the consultation requirement of paragraph
(4)(D) in the case of a petition for a nonimmigrant described
in [section 101(a)(15)(P)(i) or 101(a)(15)(P)(iii),] clause
(i), (iii), or (iv) of section 101(a)(15)(P), the petitioner
shall submit with the petition an advisory opinion from a labor
organization with expertise in the specific field [of athletics
or entertainment] involved.
* * * * * * *
(E)(i) The Attorney General shall establish by regulation
expedited consultation procedures in the case of nonimmigrant
[artists or entertainers] artists, entertainers, or fashion
models described in section 101(a)(15)(O) or 101(a)(15)(P) to
accommodate the exigencies and scheduling of a given production
or event.
* * * * * * *