HR 4080 IH

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

November 5, 2007

Mr. WEINER introduced the following bill; which was referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

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

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. ESTABLISHMENT OF NEW FASHION MODEL NONIMMIGRANT CLASSIFICATION.

(a) In General- CommentsClose CommentsPermalink





(1) NEW CLASSIFICATION- Section 101(a)(15)(P) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(P)) is amended-- CommentsClose CommentsPermalink





(A) in clause (iii), by striking `or' at the end; CommentsClose CommentsPermalink





(B) in clause (iv), by striking `clause (i), (ii), or (iii)' and inserting `clause (i), (ii), (iii), or (iv)'; CommentsClose CommentsPermalink





(C) by redesignating clause (iv) as clause (v); and CommentsClose CommentsPermalink





(D) by inserting after clause (iii) the following new clause: CommentsClose CommentsPermalink





`(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'. CommentsClose CommentsPermalink





(2) AUTHORIZED PERIOD OF STAY; NUMERICAL LIMITATION- 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-- CommentsClose CommentsPermalink





(A) by inserting `or fashion models' after `athletes'; and CommentsClose CommentsPermalink





(B) by inserting `or fashion model' after `athlete'. CommentsClose CommentsPermalink





(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: CommentsClose CommentsPermalink





`(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. CommentsClose CommentsPermalink





`(ii) The numerical limitation established by clause (i) shall only apply to principal aliens and not to the spouses or children of such aliens. CommentsClose CommentsPermalink





`(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).'. CommentsClose CommentsPermalink





(4) CONSULTATION- CommentsClose CommentsPermalink





(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)'. CommentsClose CommentsPermalink





(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-- CommentsClose CommentsPermalink





(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 CommentsClose CommentsPermalink





(ii) by striking `of athletics or entertainment'. CommentsClose CommentsPermalink





(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'. CommentsClose CommentsPermalink





(b) Elimination of H-1B Classification for Fashion Models- Section 101(a)(15)(H)(i)(b) of suchthe Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) is amended-- CommentsClose CommentsPermalink





(1) by striking `or as a fashion model'; and CommentsClose CommentsPermalink





(2) by striking `or, in the case of a fashion model, is of distinguished merit and ability'. CommentsClose CommentsPermalink





(c) Effective Date and Implementation- CommentsClose CommentsPermalink





(1) IN GENERAL- The amendments made by this section shall take effect on the date of the enactment of this Act. CommentsClose CommentsPermalink





(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 the subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the `Administrative Procedures Act Act'). CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink

(5) VISA VALIDITY PERIOD Union Calendar No. 442 CommentsClose CommentsPermalink