[DOCID: f:hr540.110]
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110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-540
======================================================================
ARTS REQUIRE TIMELY SERVICE (ARTS) ACT
_______
March 6, 2008.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Conyers, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 1312]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 1312) to expedite adjudication of employer petitions
for aliens of extraordinary artistic ability, having considered
the same, report favorably thereon with an amendment and
recommend that the bill as amended do pass.
CONTENTS
Page
The Amendment.................................................... 1
Purpose and Summary.............................................. 2
Background and Need for the Legislation.......................... 2
Hearings......................................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Oversight Findings..................................... 6
New Budget Authority and Tax Expenditures........................ 6
Congressional Budget Office Cost Estimate........................ 6
Performance Goals and Objectives................................. 7
Constitutional Authority Statement............................... 8
Advisory on Earmarks............................................. 8
Section-by-Section Analysis...................................... 8
Changes in Existing Law Made by the Bill, as Reported............ 8
The Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arts Require Timely Service (ARTS)
Act''.
SEC. 2. EXPEDITED ADJUDICATION OF EMPLOYER PETITIONS FOR ALIENS OF
EXTRAORDINARY ARTISTIC ABILITY.
Section 214(c) of the Immigration and Nationality Act (8 U.S.C.
1184(c)) is amended--
(1) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security''; and
(2) in paragraph (6)(D)--
(A) by striking ``(D) Any person'' and inserting
``(D)(i) Except as provided in clause (ii), any
person''; and
(B) by adding at the end the following:
``(ii) The Secretary of Homeland Security shall adjudicate each
petition for an alien with 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) (other
than an alien described in section 214(c)(4)(A) (relating to athletes))
not later than 30 days after--
``(I) the date on which the petitioner submits the petition
with a written advisory opinion, letter of no objection, or
request for a waiver; or
``(II) the date on which the 15-day period described in
clause (i) has expired, if the petitioner has had an
opportunity, as appropriate, to supply rebuttal evidence.
``(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 an arts organization described in paragraph (3), (5), or
(6) of section 501(c) of the Internal Revenue Code of 1986 and exempt
from tax under section 501(a) of such Code for the taxable year
preceding the calendar year in which the petition is submitted, or an
individual or entity petitioning primarily on behalf of such an
organization, the Secretary of Homeland Security shall provide the
petitioner with the premium-processing services referred to in section
286(u), without a fee.''.
Purpose and Summary
H.R. 1312, the ``Arts Require Timely Service (ARTS) Act,''
amends section 214(c) of the Immigration and Nationality Act to
provide premium processing (as described in section 286(u) of
the Act) for O or P visa petitions that are not processed
within 30 days of filing, if the petitioner is a nonprofit arts
organization or is filing on behalf of such an organization.
Background and Need for the Legislation
By inviting foreign artists to perform, nonprofit arts
organizations in the United States offer American audiences the
opportunity to experience a variety of artistic talent and
encourage a supportive climate for American artists to perform
abroad. But nonprofit arts organizations have confronted
significant delays and uncertainties in the processing of visa
petitions for foreign guest artists in the last several years.
These delays not only impact the immediate availability of
foreign artists to perform alongside American artists, but also
threaten to impede the ability of U.S. artists to perform
abroad.
When a nonprofit arts organization invites a foreign
performer, an entire symphony, or other performing arts group
to perform in the United States, the hosting organization must
calendar, advertise, and ticket performances far in advance.
All of these arrangements must be made based on the expectation
that the organization will successfully obtain a visa for their
guest performer.
Increasingly, delays in processing have complicated this
process, leading many smaller arts organizations to stop
engaging foreign artists altogether because they cannot risk
the potential expense of canceling a performance as a result of
slow visa processing. Organizations that have persevered are
experiencing more frequent situations in which performances
involving foreign guest artists must be cancelled because U.S.
Citizenship and Immigration Services (USCIS) cannot process
visa petitions within a 6-month period before the performance.
The risk of cancellation presents problems not only for the
organizations bringing in foreign artists, but also for
American artists who are slated to work as part of these
performances as well as for the support staff employed by the
organizations for such performances.
Many nonprofit arts organizations cannot afford the current
$1,000 fee for premium processing, now offered by USCIS, a
program that was adopted primarily at the request of for-profit
corporations. While premium processing provides 15-calendar-day
processing to petitioners paying the additional fee, this is a
particularly unreasonable alternative in the context of the O
and P categories. Existing statute already requires processing
of these visas within 14 days of receipt of a completed
petition, although regular visa processing for O and P visas
can now take up to 180 days--too long for the performance
schedules of arts organizations to accommodate.
Prior to the consideration of H.R. 1312, a bipartisan group
of Members urged USCIS to remedy this problem administratively.
In October 2003, sixteen members\1\ sent a letter to USCIS
Director Eduardo Aguirre encouraging him to implement a number
of reforms, including reducing processing for O and P petitions
filed by or on behalf of nonprofit organizations to 30 days or
automatically removing those petitions for premium processing
at no additional fee. To date, these reforms have not been made
administratively, and USCIS has advised the Committee that it
cannot make them without legislative action.
---------------------------------------------------------------------------
\1\The letter to USCIS Director Eduardo Aguirre was signed by
Representatives Melissa Hart, Howard Berman, Howard Coble, Adam Schiff,
Lamar Smith, Robert Wexler, Chris Cannon, William Delahunt, Randy
Forbes, Anthony Weiner, Mike Pence, Tammy Baldwin, Marsha Blackburn,
Jerrold Nadler, Steve Chabot, and Sheila Jackson Lee.
---------------------------------------------------------------------------
Hearings
The Committee on the Judiciary held no hearings on H.R.
1312.
Committee Consideration
On September 25, 2007, the Subcommittee on Immigration,
Citizenship, Refugees, Border Security, and International Law
met in open session and ordered the bill H.R. 1312 favorably
reported, by a vote of 7 to 5, a quorum being present. On
October 24, 2007 and November 7, 2007, the Committee met in
open session and on November 7, 2007, the Committee ordered the
bill H.R. 1312 favorably reported with an amendment, by voice
vote, a quorum being present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that the
following rollcall votes occurred during the Committee's
consideration of H.R. 1312.
1. An amendment offered by Mr. King to limit the
application of the premium processing provision of the bill to
non-profit organizations with assets and revenue of less than
$1 million. The amendment failed by a vote of 9 to 15.
ROLLCALL NO. 1
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Conyers, Jr., Chairman...................................... X
Mr. Berman...................................................... X
Mr. Boucher.....................................................
Mr. Nadler...................................................... X
Mr. Scott....................................................... X
Mr. Watt........................................................
Ms. Lofgren..................................................... X
Ms. Jackson Lee................................................. X
Ms. Waters......................................................
Mr. Delahunt....................................................
Mr. Wexler......................................................
Ms. Sanchez..................................................... X
Mr. Cohen....................................................... X
Mr. Johnson..................................................... X
Ms. Sutton...................................................... X
Mr. Gutierrez...................................................
Mr. Sherman.....................................................
Ms. Baldwin.....................................................
Mr. Weiner...................................................... X
Mr. Schiff...................................................... X
Mr. Davis.......................................................
Ms. Wasserman Schultz........................................... X
Mr. Ellison..................................................... X
Mr. Smith (Texas)............................................... X
Mr. Sensenbrenner, Jr...........................................
Mr. Coble.......................................................
Mr. Gallegly....................................................
Mr. Goodlatte................................................... X
Mr. Chabot......................................................
Mr. Lungren..................................................... X
Mr. Cannon...................................................... X
Mr. Keller...................................................... X
Mr. Issa........................................................
Mr. Pence.......................................................
Mr. Forbes...................................................... X
Mr. King........................................................ X
Mr. Feeney...................................................... X
Mr. Franks...................................................... X
Mr. Gohmert.....................................................
Mr. Jordan...................................................... X
-----------------------------------------------
Total....................................................... 9 15
----------------------------------------------------------------------------------------------------------------
2. An amendment offered by Mr. King to limit the
application of the premium processing provision of the bill to
non-profit organizations with assets and revenue of less than
$100 million. The amendment failed by a vote of 10 to 17.
ROLLCALL NO. 2
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Conyers, Jr., Chairman...................................... X
Mr. Berman...................................................... X
Mr. Boucher.....................................................
Mr. Nadler...................................................... X
Mr. Scott....................................................... X
Mr. Watt........................................................ X
Ms. Lofgren..................................................... X
Ms. Jackson Lee.................................................
Ms. Waters...................................................... X
Mr. Delahunt.................................................... X
Mr. Wexler...................................................... X
Ms. Sanchez..................................................... X
Mr. Cohen....................................................... X
Mr. Johnson.....................................................
Ms. Sutton......................................................
Mr. Gutierrez...................................................
Mr. Sherman..................................................... X
Ms. Baldwin.....................................................
Mr. Weiner...................................................... X
Mr. Schiff...................................................... X
Mr. Davis....................................................... X
Ms. Wasserman Schultz...........................................
Mr. Ellison.....................................................
Mr. Smith (Texas)............................................... X
Mr. Sensenbrenner, Jr...........................................
Mr. Coble.......................................................
Mr. Gallegly....................................................
Mr. Goodlatte................................................... X
Mr. Chabot...................................................... X
Mr. Lungren..................................................... X
Mr. Cannon...................................................... X
Mr. Keller...................................................... X
Mr. Issa........................................................ X
Mr. Pence....................................................... X
Mr. Forbes...................................................... X
Mr. King........................................................ X
Mr. Feeney...................................................... X
Mr. Franks......................................................
Mr. Gohmert.....................................................
Mr. Jordan...................................................... X
-----------------------------------------------
Total....................................................... 10 17
----------------------------------------------------------------------------------------------------------------
3. An amendment offered by Mr. King to limit the
application of the premium processing provision of the bill to
non-profit organizations with assets and revenue of less than
$1 billion. The amendment failed by a vote of 12 to 18.
ROLLCALL NO. 3
----------------------------------------------------------------------------------------------------------------
Ayes Nays Present
----------------------------------------------------------------------------------------------------------------
Mr. Conyers, Jr., Chairman...................................... X
Mr. Berman...................................................... X
Mr. Boucher.....................................................
Mr. Nadler...................................................... X
Mr. Scott....................................................... X
Mr. Watt........................................................ X
Ms. Lofgren..................................................... X
Ms. Jackson Lee.................................................
Ms. Waters...................................................... X
Mr. Delahunt.................................................... X
Mr. Wexler...................................................... X
Ms. Sanchez..................................................... X
Mr. Cohen....................................................... X
Mr. Johnson.....................................................
Ms. Sutton...................................................... X
Mr. Gutierrez...................................................
Mr. Sherman..................................................... X
Ms. Baldwin.....................................................
Mr. Weiner...................................................... X
Mr. Schiff...................................................... X
Mr. Davis....................................................... X
Ms. Wasserman Schultz...........................................
Mr. Ellison.....................................................
Mr. Smith (Texas)............................................... X
Mr. Sensenbrenner, Jr........................................... X
Mr. Coble....................................................... X
Mr. Gallegly....................................................
Mr. Goodlatte................................................... X
Mr. Chabot...................................................... X
Mr. Lungren..................................................... X
Mr. Cannon...................................................... X
Mr. Keller...................................................... X
Mr. Issa........................................................ X
Mr. Pence....................................................... X
Mr. Forbes...................................................... X
Mr. King........................................................ X
Mr. Feeney...................................................... X
Mr. Franks......................................................
Mr. Gohmert.....................................................
Mr. Jordan...................................................... X
-----------------------------------------------
Total....................................................... 12 18
----------------------------------------------------------------------------------------------------------------
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 1312, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, February 22, 2008.
Hon. John Conyers, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1312, the ``Arts
Require Timely Service Act.''
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz, who can be reached at 226-2860.
Sincerely,
Peter R. Orszag,
Director.
Enclosure
cc:
Honorable Lamar S. Smith.
Ranking Member
H.R. 1312--Arts Require Timely Service Act.
CBO estimates that implementing H.R. 1312 would have no
significant cost to the Federal Government. Enacting the bill
could affect direct spending, but CBO estimates that any such
effects would not be significant in any year. H.R. 1312 would
not affect revenues. The bill contains no intergovernmental or
private-sector mandates as defined in the Unfunded Mandates
Reform Act and would not affect the budgets of state, local, or
tribal governments.
Current law requires the Department of Homeland Security
(DHS) to adjudicate petitions for nonimmigrant visas for
certain types of artists and entertainers within 2 weeks of
receiving a complete application. However, it takes DHS about 8
weeks, on average, to do so. If petitioners pay a $1,000 fee
for premium processing services, the department prioritizes
those applications and completes its work within 15 days.
H.R. 1312 would extend the time period for adjudicating
petitions for certain types of artists and entertainers from 2
weeks to 30 days. Under the bill, if DHS fails to process
petitions filed on behalf of artists and entertainers by
certain types of nonprofit arts organizations within 30 days,
the department would then have to provide premium processing
services for those applicants without charging the $1,000 fee.
Enacting H.R. 1312 could reduce the collection of premium
processing fees from nonprofit arts organizations. DHS does not
track the number of nonprofit arts organizations that currently
pay the premium processing fee. The decision to pay that fee is
based on many variables, including the availability of foreign
artists and entertainers to travel to the United States,
changes in performance schedules, and other factors. Under H.R.
1312, if organizations decline to pay the premium processing
fee when they initially apply, they could wait up to 6 weeks
(30 days, plus about 2 weeks for premium processing) for DHS to
adjudicate the application. That schedule may take too long for
many artists and entertainers, and CBO expects that any loss of
premium processing fees under the bill (which would increase
direct spending) would not be significant in any year.
The CBO staff contact for this estimate is Mark Grabowicz,
who can be reached at 226-2860. This estimate was approved by
Theresa Gullo, Deputy Assistant Director for Budget Analysis.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, H.R.
1312, as amended, is intended to reduce processing times for O
and P visa petitions filed by nonprofit arts organizations to
no more than 45 days from filing of a completed petition.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in article I, section 8, clause 4 of the
Constitution.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 1312 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of Rule XXI.
Section-by-Section Analysis
The following discussion describes the bill as reported by
the Committee.
Sec. 1. Short title. This section sets forth the short
title of the bill as the ``Arts Require Timely Service (ARTS)
Act.''
Sec. 2. Expedited Adjudication of Employer Petitions for
Aliens of Extraordinary Artistic Ability. This section amends
section 214(c)(6)(D) of the Immigration and Nationality Act to
require the Secretary of Homeland Security to adjudicate visa
petitions filed on behalf of an alien with extraordinary
ability in the arts in the O and P categories within 30 days of
a completed petition being filed. In the case of a petition
filed without meeting the consultation requirement, the
petition must be adjudicated within 30 days of submission of a
written advisory opinion or comment, or of a letter of no
objection, or the expiration of the period in which such a
submission would be timely, whichever is earliest. This section
also provides that if such a petition is not adjudicated within
those 30 days and the petitioner is a nonprofit arts
organization, the Secretary must provide the petitioner with
premium processing at no additional fee.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
SECTION 214 OF THE IMMIGRATION AND
NATIONALITY ACT
ADMISSION OF NONIMMIGRANTS
Sec. 214. (a) * * *
* * * * * * *
(c)(1) The question of importing any alien as a nonimmigrant
under subparagraph (H), (L), (O), or (P)(i) of section
101(a)(15) (excluding nonimmigrants under section
101(a)(15)(H)(i)(b1)) in any specific case or specific cases
shall be determined by the [Attorney General] Secretary of
Homeland Security, after consultation with appropriate agencies
of the Government, upon petition of the importing employer.
Such petition shall be made and approved before the visa is
granted. The petition shall be in such form and contain such
information as the [Attorney General] Secretary of Homeland
Security shall prescribe. The approval of such a petition shall
not, of itself, be construed as establishing that the alien is
a nonimmigrant. For purposes of this subsection with respect to
nonimmigrants described in section 101(a)(15)(H)(ii)(a), the
term ``appropriate agencies of Government'' means the
Department of Labor and includes the Department of Agriculture.
The provisions of section 218 shall apply to the question of
importing any alien as a nonimmigrant under section
101(a)(15)(H)(ii)(a).
(2)(A) The [Attorney General] Secretary of Homeland Security
shall provide for a procedure under which an importing employer
which meets requirements established by the [Attorney General]
Secretary of Homeland Security may file a blanket petition to
import aliens as nonimmigrants described in section
101(a)(15)(L) instead of filing individual petitions under
paragraph (1) to import such aliens. Such procedure shall
permit the expedited processing of visas for admission of
aliens covered under such a petition.
* * * * * * *
(C) The [Attorney General] Secretary of Homeland Security
shall provide a process for reviewing and acting upon petitions
under this subsection with respect to nonimmigrants described
in section 101(a)(15)(L) within 30 days after the date a
completed petition has been filed.
* * * * * * *
(E) In the case of an alien spouse admitted under section
101(a)(15)(L), who is accompanying or following to join a
principal alien admitted under such section, the [Attorney
General] Secretary of Homeland Security shall authorize the
alien spouse to engage in employment in the United States and
provide the spouse with an ``employment authorized''
endorsement or other appropriate work permit.
* * * * * * *
(3) The [Attorney General] Secretary of Homeland Security
shall approve a petition--
(A) * * *
* * * * * * *
In the case of an alien seeking entry for a motion picture or
television production, (i) any opinion under the previous
sentence shall only be advisory, (ii) any such opinion that
recommends denial must be in writing, (iii) in making the
decision the [Attorney General] Secretary of Homeland Security
shall consider the exigencies and scheduling of the production,
and (iv) the [Attorney General] Secretary of Homeland Security
shall append to the decision any such opinion. The [Attorney
General] Secretary of Homeland Security shall provide by
regulation for the waiver of the consultation requirement under
subparagraph (A) in the case of aliens who have been admitted
as nonimmigrants under section 101(a)(15)(O)(i) because of
extraordinary ability in the arts and who seek readmission to
perform similar services within 2 years after the date of a
consultation under such subparagraph. Not later than 5 days
after the date such a waiver is provided, the [Attorney
General] Secretary of Homeland Security shall forward a copy of
the petition and all supporting documentation to the national
office of an appropriate labor organization.
(4)(A) * * *
(B)(i) * * *
(ii) In the case of an entertainment group that is recognized
nationally as being outstanding in its discipline for a
sustained and substantial period of time, the [Attorney
General] Secretary of Homeland Security may, in consideration
of special circumstances, waive the international recognition
requirement of clause (i)(I).
(iii)(I) The one-year relationship requirement of clause
(i)(II) shall not apply to 25 percent of the performers and
entertainers in a group.
(II) The [Attorney General] Secretary of Homeland Security
may waive such one-year relationship requirement for an alien
who because of illness or unanticipated and exigent
circumstances replaces an essential member of the group and for
an alien who augments the group by performing a critical role.
* * * * * * *
(C) A person may petition the [Attorney General] Secretary of
Homeland Security for classification of an alien as a
nonimmigrant under section 101(a)(15)(P).
(D) The [Attorney General] Secretary of Homeland Security
shall approve petitions under this subsection with respect to
nonimmigrants described in clause (i) or (iii) of section
101(a)(15)(P) only after consultation in accordance with
paragraph (6).
(E) The [Attorney General] Secretary of Homeland Security
shall approve petitions under this subsection for nonimmigrants
described in section 101(a)(15)(P)(ii) only after consultation
with labor organizations representing artists and entertainers
in the United States.
* * * * * * *
(5)(A) * * *
(B) In the case of an alien who is admitted to the United
States in nonimmigrant status under section 101(a)(15)(O) or
101(a)(15)(P) and whose employment terminates for reasons other
than voluntary resignation, the employer whose offer of
employment formed the basis of such nonimmigrant status and the
petitioner are jointly and severally liable for the reasonable
cost of return transportation of the alien abroad. The
petitioner shall provide assurance satisfactory to the
[Attorney General] Secretary of Homeland Security that the
reasonable cost of that transportation will be provided.
(6)(A) * * *
(B) To meet the consultation requirements of subparagraph
(A), unless the petitioner submits with the petition an
advisory opinion from an appropriate labor organization, the
[Attorney General] Secretary of Homeland Security shall forward
a copy of the petition and all supporting documentation to the
national office of an appropriate labor organization within 5
days of the date of receipt of the petition. If there is a
collective bargaining representative of an employer's employees
in the occupational classification for which the alien is being
sought, that representative shall be the appropriate labor
organization.
(C) In those cases in which a petitioner described in
subparagraph (A) establishes that an appropriate peer group
(including a labor organization) does not exist, the [Attorney
General] Secretary of Homeland Security shall adjudicate the
petition without requiring an advisory opinion.
[(D) Any person] (D)(i) Except as provided in clause (ii),
any person or organization receiving a copy of a petition
described in subparagraph (A) and supporting documents shall
have no more than 15 days following the date of receipt of such
documents within which to submit a written advisory opinion or
comment or to provide a letter of no objection. Once the 15-day
period has expired and the petitioner has had an opportunity,
where appropriate, to supply rebuttal evidence, the [Attorney
General] Secretary of Homeland Security shall adjudicate such
petition in no more than 14 days. The [Attorney General]
Secretary of Homeland Security may shorten any specified time
period for emergency reasons if no unreasonable burden would be
thus imposed on any participant in the process.
(ii) The Secretary of Homeland Security shall adjudicate each
petition for an alien with 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) (other than an alien described in section
214(c)(4)(A) (relating to athletes)) not later than 30 days
after--
(I) the date on which the petitioner submits the
petition with a written advisory opinion, letter of no
objection, or request for a waiver; or
(II) the date on which the 15-day period described in
clause (i) has expired, if the petitioner has had an
opportunity, as appropriate, to supply rebuttal
evidence.
(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 an arts organization
described in paragraph (3), (5), or (6) of section 501(c) of
the Internal Revenue Code of 1986 and exempt from tax under
section 501(a) of such Code for the taxable year preceding the
calendar year in which the petition is submitted, or an
individual or entity petitioning primarily on behalf of such an
organization, the Secretary of Homeland Security shall provide
the petitioner with the premium-processing services referred to
in section 286(u), without a fee.
(E)(i) The [Attorney General] Secretary of Homeland Security
shall establish by regulation expedited consultation procedures
in the case of nonimmigrant artists or entertainers described
in section 101(a)(15)(O) or 101(a)(15)(P) to accommodate the
exigencies and scheduling of a given production or event.
(ii) The [Attorney General] Secretary of Homeland Security
shall establish by regulation expedited consultation procedures
in the case of nonimmigrant athletes described in section
101(a)(15)(O)(i) or 101(a)(15)(P)(i) in the case of emergency
circumstances (including trades during a season).
(F) No consultation required under this subsection by the
[Attorney General] Secretary of Homeland Security with a
nongovernmental entity shall be construed as permitting the
[Attorney General] Secretary of Homeland Security to delegate
any authority under this subsection to such an entity. The
[Attorney General] Secretary of Homeland Security shall give
such weight to advisory opinions provided under this section as
the [Attorney General] Secretary of Homeland Security
determines, in his sole discretion, to be appropriate.
(7) If a petition is filed and denied under this subsection,
the [Attorney General] Secretary of Homeland Security shall
notify the petitioner of the determination and the reasons for
the denial and of the process by which the petitioner may
appeal the determination.
(8) The [Attorney General] Secretary of Homeland Security
shall submit annually to the Committees on the Judiciary of the
House of Representatives and of the Senate a report describing,
with respect to petitions under each subcategory of
subparagraphs (H), (O), (P), and (Q) of section 101(a)(15) the
following:
(A) * * *
* * * * * * *
(9)(A) The [Attorney General] Secretary of Homeland Security
shall impose a fee on an employer (excluding any employer that
is a primary or secondary education institution, an institution
of higher education, as defined in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a), a nonprofit entity
related to or affiliated with any such institution, a nonprofit
entity which engages in established curriculum-related clinical
training of students registered at any such institution, a
nonprofit research organization, or a governmental research
organization) filing before a petition under paragraph (1)--
(i) * * *
* * * * * * *
<all>