```
Nonimmigrant Visas: Use of Visas By Alien Artists, Entertainers, and
Athletes (Letter Report, 05/11/94, GAO/NSIAD-94-147).

As of September 1993, the Immigration and Naturalization Service (INS)
had approved petitions for about 41,000 O and P visas, which are
temporary worker visas for persons with distinguished merit and ability,
including artists, entertainers, and athletes.  The State Department's
overseas posts had issued about 23,000 O and P visas, and aliens holding
these visas had entered the United States about 31,000 times.  The law
requires the Attorney General to report to Congress each year, beginning
in 1993, on the occupations of aliens seeking O and P visas.  The 1993
report was lost during processing, however, and was not sent to Congress
until March 1994--nearly a year late.  The report due in April 1994 is
now being prepared. INS is in the process of developing an automated
database to compile information on the occupations of aliens whose
petitions for O and P visas are approved.  Until this system is in
place, INS is using statistical sampling to estimate the occupations of
petitioners.  Its sampling for the period ending September 1992 showed
that the majority of petition beneficiaries were musicians and
composers.

--------------------------- Indexing Terms -----------------------------

 REPORTNUM:  NSIAD-94-147
     TITLE:  Nonimmigrant Visas: Use of Visas By Alien Artists, 
             Entertainers, and Athletes
      DATE:  05/11/94
   SUBJECT:  Immigration and naturalization law
             Immigration or emigration
             Data bases
             Reporting requirements
             Statistical data
             Computerized information systems
             Data collection operations

             
**************************************************************************
* This file contains an ASCII representation of the text of a GAO        *
* report.  Delineations within the text indicating chapter titles,       *
* headings, and bullets are preserved.  Major divisions and subdivisions *
* of the text, such as Chapters, Sections, and Appendixes, are           *
* identified by double and single lines.  The numbers on the right end   *
* of these lines indicate the position of each of the subsections in the *
* document outline.  These numbers do NOT correspond with the page       *
* numbers of the printed product.                                        *
*                                                                        *
* No attempt has been made to display graphic images, although figure    *
* captions are reproduced. Tables are included, but may not resemble     *
* those in the printed version.                                          *
*                                                                        *
* A printed copy of this report may be obtained from the GAO Document    *
* Distribution Facility by calling (202) 512-6000, by faxing your        *
* request to (301) 258-4066, or by writing to P.O. Box 6015,             *
* Gaithersburg, MD 20884-6015. We are unable to accept electronic orders *
* for printed documents at this time.                                    *
**************************************************************************

Cover
================================================================ COVER

Report to Congressional Requesters

May 1994

NONIMMIGRANT VISAS - USE OF VISAS
BY ALIEN ARTISTS, ENTERTAINERS,
AND ATHLETES

GAO/NSIAD-94-147

Nonimmigrant Visas

Abbreviations
=============================================================== ABBREV

  INS - Immigration and Naturalization Service

Letter
=============================================================== LETTER

B-256930

May 11, 1994

The Honorable Joseph R.  Biden, Jr.
Chairman, Committee on the Judiciary
United States Senate

The Honorable Edward M.  Kennedy
Chairman, Subcommittee on Immigration
 and Refugee Affairs
Committee on the Judiciary
United States Senate

The Honorable Jack Brooks
Chairman, Committee on the Judiciary
House of Representatives

The Honorable Romano L.  Mazzoli
Chairman, Subcommittee on International
 Law, Immigration, and Refugees
Committee on the Judiciary
House of Representatives

This report provides information on the use of O and P visas by alien
artists, entertainers, athletes, and related support personnel who
enter or seek entry to the United States as nonimmigrants.  It also
discusses (1) the status of reports that the Immigration and
Naturalization Service (INS) is required to submit to Congress and
(2) INS's progress in analyzing the occupations of aliens whose
petitions for visas are approved.  This and our earlier report,
Nonimmigrant Visas:  Requirements Affecting Artists, Entertainers,
and Athletes (GAO/NSIAD-93-6, Oct.  26, 1992), respond to reporting
requirements in section 202 (b)(1) of Public Law 102-232, dated
December 12, 1991. 

   BACKGROUND
------------------------------------------------------------ Letter :1

The Immigration Act of 1990 (P.L.  101-649) established new classes
of O and P temporary worker visas for those people with distinguished
merit and ability.  The subclasses of these visas are defined as
follows.  O-1 visas are for people with extraordinary ability in the
arts (including films or television), sciences, education, business,
or athletics, and O-2 visas are for their essential support
personnel.  P-1 visas are for internationally recognized athletes or
entertainers and their essential support personnel; P-2 visas are for
artists or entertainers performing as part of a reciprocal exchange
program; and P-3 visas are for artists or entertainers specializing
in culturally unique performances.  Most of these visas became
effective in April 1992; however, the P-2 visa and the O-1 visa for
persons of extraordinary ability in the fields of science, education,
or business became effective in October 1991. 

   RESULTS IN BRIEF
------------------------------------------------------------ Letter :2

As of September 1993, INS had approved petitions for about 41,000 O
and P visas; the State Department's overseas posts had issued about
23,000 O and P visas; and aliens holding O and P visas had entered
the United States about 31,000 times. 

Under a legislative requirement, the Attorney General must report to
the Congress annually, beginning in April 1993, on the occupations of
aliens seeking O and P visas.  However, the report that was due in
April 1993 was lost during processing and was not transmitted to the
Congress until March 7, 1994--almost 1 year late.  The report due in
April 1994 is now being prepared. 

INS is in the process of developing an automated database system to
compile data on the occupations of aliens whose petitions for O and P
visas are approved.  Until its automated data system is in place, INS
is using statistical sampling to estimate the occupations of O and P
petitioners.  Its sampling for the period ending September 1992
showed that the majority of petition beneficiaries were musicians and
composers. 

   DATA ON THE USE OF O AND P
   VISAS
------------------------------------------------------------ Letter :3

There are three measures of the use of O and P visas:  (1) the number
of people (petition beneficiaries) on nonimmigrant workers' petitions
for visas approved by INS; (2) the number of visas issued by the
State Department's posts overseas; and (3) the number of times, as
reported by INS inspectors, that visa holders have entered the United
States.  These indicators, although related, are not directly
comparable.  Not all persons whose petitions for visas are approved
will seek and be issued visas, and workers from Canada with approved
petitions are not required to obtain visas.  A person granted a visa
may enter the United States once, a number of times, or not at all. 
In addition, there is a time lag between when a person's petition for
a visa is approved, when the visa is issued, and when the person
seeks entry and is admitted into the United States. 

      PETITION BENEFICIARIES
---------------------------------------------------------- Letter :3.1

For prospective workers to obtain O and P visas, their employers or
agents must submit petitions to INS for its approval.  A petition may
include more than one worker.  From April 1992 to September 1993, INS
approved petitions for 41,322 workers to receive O and P visas.  Of
these, 25,275, or about 60 percent, were for internationally
recognized athletes or entertainers and their essential support
personnel (P-1 visa).  Table 1 shows the number of workers, by visa
subclass, that INS approved for visas through September 1993. 

                           Table 1
           
              Number of Workers on INS-Approved
                 Petitions for O and P Visas.

                                    Apr.
                                      to   Oct. 1992
                                   Sept.    to Sept.
Visa subclass                       1992        1993   Total
--------------------------------  ------  ----------  ------
O-1                                1,243       3,063   4,306
O-2                                  498       1,685   2,183
============================================================
Subtotal                           1,741       4,748   6,489
P-1                                7,716      17,559  25,275
P-2                                   74         446     520
P-3                                2,851       6,187   9,038
============================================================
Subtotal                          10,641      24,192  34,833
============================================================
Total                             12,382      28,940  41,322
------------------------------------------------------------
Source:  GAO analysis of INS data. 

      VISAS ISSUED
---------------------------------------------------------- Letter :3.2

On the basis of INS-approved petitions, the State Department's posts
overseas issue visas for entry into the United States.  As with the
petition beneficiaries, about 60 percent of the visas issued through
September 1993 were for internationally recognized athletes,
entertainers, and essential support personnel (P-1).  Data for the
first 6 months of fiscal year 1994 is expected to be available about
June 1994.  Table 2 shows the number of visas issued by the State
Department. 

                           Table 2
           
           Number of O and P Visas Issued by State
                  Department Posts Overseas.

                                    Apr.
                                      to   Oct. 1992
                                   Sept.    to Sept.
Visa subclass                       1992        1993   Total
--------------------------------  ------  ----------  ------
O-1                                  451       2,003   2,454
O-2                                  223       1,001   1,224
============================================================
Subtotal                             674       3,004   3,678
P-1                                2,886      11,308  14,194
P-2                                   34         121     155
P-3                                1,399       3,642   5,041
============================================================
Subtotal                           4,319      15,071  19,390
============================================================
Total                              4,993      18,075  23,068
------------------------------------------------------------
Source:  GAO analysis of State Department data. 

      ENTRIES INTO THE UNITED
      STATES
---------------------------------------------------------- Letter :3.3

INS inspectors at U.S.  ports of entry report entries by visa
holders.  Through September 1993, 66 percent of entries were for
internationally recognized athletes, entertainers, and essential
support personnel (P-1).  Table 3 shows reported entries for O and P
visa holders.  Data for the first half of fiscal year 1994 is
expected to be available from INS in mid-1994. 

                           Table 3
           
              Number of Entries of O and P Visa
               Holders Into the United States.

                                    Apr.
                                      to   Oct. 1992
                                   Sept.    to Sept.
Visa subclass                       1992        1993   Total
--------------------------------  ------  ----------  ------
O-1                                  448       3,128   3,576
O-2                                  252         977   1,229
============================================================
Subtotal                             700       4,105   4,805
P-1                                3,523      17,205  20,728
P-2                                   89         423     512
P-3                                1,126       4,103   5,229
============================================================
Subtotal                           4,738      21,731  26,469
============================================================
Total                              5,438      25,836  31,274
------------------------------------------------------------
Source:  GAO analysis of INS data. 

   REPORTING DELAYS
------------------------------------------------------------ Letter :4

Section 207(c) of Public Law 102-232 requires the Attorney General to
report to the Congress by April of each year on the occupations of
people included in petitions for O and P visas.  The first report
covering the period ending in September 1992 was due in April 1993. 
In 1993, INS personnel prepared a draft report and put it in process
for transmittal to the Department of Justice for review and
subsequent transmittal to the Congress.  However, when we inquired
about the report, INS and Justice officials determined that the
report apparently had become lost during processing and had not been
transmitted to the Congress due to an administrative oversight. 

Upon realizing this apparent oversight, Justice submitted the report
on March 7, 1994--almost 1 year late.  INS is developing a second
report that is due in April 1994 on the use of the O and P visas
during fiscal year 1993. 

   DATA GATHERING WEAKNESSES
------------------------------------------------------------ Letter :5

In 1992, on the basis of our prior work, the Chairman of the
Subcommittee on Immigration and Refugee Affairs, Senate Committee on
the Judiciary, requested that INS collect and compile data on O and P
visas, particularly to distinguish among the various occupations
covered under the visas.  In December 1992, the INS Commissioner said
that various means of collecting the data were being studied and that
the agency was in the process of developing an automated system to
track occupations in the future.  In March 1994, an INS official said
that they were still developing the automated system but that it is
near to becoming operational.  Thus, occupational data for a full
year will not be available until mid-1995. 

Until the automated system becomes operational, INS is using
statistical sampling to estimate occupations of the petition
beneficiaries.  INS estimates for the period April to September 1992
are included in the March 1994 report.  For example, it estimated
that musicians and composers constituted between 68 and 84 percent of
the P visa petition beneficiaries and athletes constituted between 5
and 9 percent.  INS reported that considering sampling errors,
chances are about 95 out of 100 that the number of people in a
specified occupation is within the specified range.  Its estimates
for fiscal year 1993 will be included in the INS report now being
prepared. 

   SCOPE AND METHODOLOGY
------------------------------------------------------------ Letter :6

We reviewed the data compiled by INS and State and discussed with INS
its data gathering and reporting plans; however, we did not test the
data provided by INS and State. 

We conducted our work from January to March 1994 in accordance with
generally accepted government auditing standards.  We did not obtain
written agency comments on this report; however, we discussed a draft
of this report with program officials at INS.  They generally
concurred with the information presented in the report.  We
incorporated their specific comments where appropriate. 

---------------------------------------------------------- Letter :6.1

We are sending copies of this report to other interested
congressional committees, the Secretary of State, the Attorney
General, and the Commissioner of the Immigration and Naturalization
Service.  We will make copies available to others on request. 

Please contact me on (202) 512-4128 if you or your offices have any
questions concerning this report.  Major contributors to this report
are John Brummet, Roy F.  Hutchens, and Frederick J.  Barrett. 

Joseph E.  Kelley
Director-in-Charge
International Affairs Issues
```