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H.R. 4354 (109th): To amend the Immigration and Nationality Act to establish a separate nonimmigrant classification for fashion models.


The text of the bill below is as of Nov 16, 2005 (Introduced). The bill was not enacted into law.


I

109th CONGRESS

1st Session

H. R. 4354

IN THE HOUSE OF REPRESENTATIVES

November 16, 2005

(for himself and Ms. Ros-Lehtinen) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend the Immigration and Nationality Act to establish a separate nonimmigrant classification for fashion models.

1.

Establishment of new fashion model nonimmigrant classification

(a)

In general

(1)

New classification

Section 101(a)(15)(O) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(O)) is amended—

(A)

in clause (iii), by striking clause (i) or (ii) and inserting clause (i), (ii), or (iii) and by redesignating such as clause (iv); and

(B)

by inserting after clause (ii) the following new clause:

(iii)

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)

Numerical limitation

Section 214(a)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(a)(2)(A)) is amended by adding at the end the following:

The number of aliens who may be issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(O)(iii) in any fiscal year shall not exceed 1,000.

.

(b)

Elimination of H-1B classification for fashion models

Section 101(a)(15)(H)(i)(b) of such 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 dates

(1)

Implementation of new fashion model nonimmigrant classification

Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security shall promulgate regulations to implement the amendments made by subsection (a). 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.

(2)

Elimination of H-1B classification for fashion models

The amendments made by subsection (b)—

(A)

shall apply on the effective date of the regulations promulgated under paragraph (1); and

(B)

shall not apply to the classification of an alien under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) as a fashion model pursuant to a petition for such classification that was filed before such effective date.