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

Summary: Amends the Immigration and Nationality Act to replace the current nonimmigrant (H-1B) visa category for fashion models with a new (P-4) visa category.

Defines such category as 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.

Provides that such entrants may not: (1) exceed 1,000 in any fiscal year, not including accompanying spouses or children; and (2) stay in the United States for more than 10 years (initial five-year period with one five-year extension).

Makes an employer petition for such alien models eligible for expedited consultation procedures.

States that applicable H-1B regulations, guidelines, and precedents in effect on the date of the enactment of this Act for the adjudication of fashion model petitions shall be applied to P-4 petitions, except to the extent modified by the Secretary of Homeland Security.

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.