H.R. 4080 (110th): To amend the Immigration and Nationality Act to establish a separate nonimmigrant classification for fashion models.

110th Congress, 2007–2009. Text as of Nov 05, 2007 (Reported by House Committee).

Status & Summary | PDF | Source: GPO

IB

Union Calendar No. 442

110th CONGRESS

2d Session

H. R. 4080

[Report No. 110–699]

IN THE HOUSE OF REPRESENTATIVES

November 5, 2007

introduced the following bill; which was referred to the Committee on the Judiciary

June 5, 2008

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Strike out all after the enacting clause and insert the part printed in italic

For text of introduced bill, see copy of bill as introduced on November 5, 2007

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)(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.

June 5, 2008

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed