[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4080 Reported in House (RH)]
Union Calendar No. 442
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]
_______________________________________________________________________
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:
``(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.
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 classification for fashion models.
_______________________________________________________________________
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