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HR 4080 IHRH

110th CONGRESS Union Calendar No. 442

1st 110th CONGRESS

2d Session

H. R. 4080

[Report No. 110-699]

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

IN THE HOUSE OF REPRESENTATIVES

November 5, 2007

Mr. WEINER 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]

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A BILL

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

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

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 new clause::

`(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; 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--

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

(5) VISA VALIDITY PERIOD- The validity period for visas issued to beneficiaries of petitions filed under section 101(a)(15)(P)(iv) of Union Calendar No. 442

110th CONGRESS

2d Session

H. R. 4080

[Report No. 110-699]

A BILL

To amend the Immigration and Nationality Act (to establish a separate nonimmigrant classification8 U.S.C. 1101(a)(15)(P)(iv)) shall be for fashion models.

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June 5, 2008

Reported with an amendment, committed to the full periodCommittee approval notwithstanding of the reciprocity validity periods that would otherwiseWhole House on the State of the Union, and ordered to be applicable.printed