S 2178 ISCommentsClose CommentsPermalink

To expedite the adjudication of employer petitions for aliens with extraordinary artistic ability.CommentsClose CommentsPermalink

October 17, 2007

Mr. KERRY (for himself and Mr. HATCH) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

To expedite the adjudication of employer petitions for aliens with extraordinary artistic ability.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. SHORT TITLE.

This Act may be cited as the `Arts Require Timely Service Act' or the `ARTS Act'.CommentsClose CommentsPermalink

SEC. 2. EXPEDITED ADJUDICATION OF EMPLOYER PETITIONS FOR ALIENS WITH EXTRAORDINARY ARTISTIC ABILITY.

Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended--CommentsClose CommentsPermalink





(1) by striking `Attorney General' each place it appears and inserting `Secretary of Homeland Security'; andCommentsClose CommentsPermalink





(2) in paragraph (6)(D)--CommentsClose CommentsPermalink





(A) by striking `(D) Any person' and inserting the following:CommentsClose CommentsPermalink





`(D)(i) Except as provided under clause (ii), any person'; andCommentsClose CommentsPermalink





(B) by adding at the end the following:CommentsClose CommentsPermalink





`(ii) The Secretary of Homeland Security shall adjudicate each petition for an alien who has extraordinary ability in the arts (as described in section 101(a)(15)(O)(i)), an alien accompanying such an alien (as described in clauses (ii) and (iii) of section 101(a)(15)(O)), or an alien described in section 101(a)(15)(P) not later than 30 days after--CommentsClose CommentsPermalink





`(I) the date on which the petitioner submits the petition with a written advisory opinion, letter of no objection, or request for a waiver; orCommentsClose CommentsPermalink





`(II) the date on which the 15-day period described in clause (i) has expired, if the petitioner has had an appropriate opportunity to supply rebuttal evidence.CommentsClose CommentsPermalink





`(iii) If a petition described in clause (ii) is not adjudicated before the end of the 30-day period described in clause (ii) and the petitioner is a qualified nonprofit organization or an individual or entity petitioning primarily on behalf of a qualified nonprofit organization, the Secretary of Homeland Security shall provide the petitioner with the premium-processing services referred to in section 286(u), without a fee.'.CommentsClose CommentsPermalink