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[House Report 110-699]
[From the U.S. Government Publishing Office]

110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-699

======================================================================

 
 TO AMEND THE IMMIGRATION AND NATIONALITY ACT TO ESTABLISH A SEPARATE 
             NONIMMIGRANT CLASSIFICATION FOR FASHION MODELS

                                _______
                                

  June 5, 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. 4080]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on the Judiciary, to whom was referred the bill 
(H.R. 4080) to amend the Immigration and Nationality Act to 
establish a separate nonimmigrant classification for fashion 
models, 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..............................................     3
Background and Need for the Legislation..........................     3
Hearings.........................................................     5
Committee Consideration..........................................     5
Committee Votes..................................................     5
Committee Oversight Findings.....................................     6
New Budget Authority and Tax Expenditures........................     6
Congressional Budget Office Cost Estimate........................     6
Performance Goals and Objectives.................................     8
Constitutional Authority Statement...............................     8
Advisory on Earmarks.............................................     8
Section-by-Section Analysis......................................     8
Agency Views.....................................................     9
Changes in Existing Law Made by the Bill, as Reported............    11

                             The Amendment

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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.

                          Purpose and Summary

    H.R. 4080 amends the Immigration and Nationality Act to 
establish a separate nonimmigrant classification for fashion 
models. The bill reclassifies fashion models of distinguished 
merit and ability, moving them from the H-1B visa category and 
establishing a new visa category for fashion models within the 
P visa category. The creation of a new category for fashion 
models within the P visa category corrects an earlier 
inadvertent misclassification of fashion models as H-1B 
workers.

                Background and Need for the Legislation

    The H-1 category in existence before the enactment of 
Immigration Act of 1990\1\ was not limited to individuals in 
``specialty occupations,'' which includes individuals with 
bachelor's degrees or above, as the H1-B category is under 
current law. Instead, the 
H-1 category encompassed any individual of ``distinguished 
merit and ability'' coming temporarily ``to perform services of 
an exceptional nature requiring such merit and ability.''\2\ 
This included fashion models.
---------------------------------------------------------------------------
    \1\Immigration Act of 1990, Pub. L. No. 101-649, 104 Stat. 4978 
(1990).
    \2\8 U.S.C. Sec. 1101(h)(1) (1989); Robert C. Divine and R. Blake 
Chisam, Immigration Practice, Sec. 17-4(b), pp. 17-77-78 (Juris 
Publishing, Inc. 2006).
---------------------------------------------------------------------------
    The Immigration Act of 1990 reformed the employment-based 
immigration system and created the P visa category to 
accommodate individuals in the performing arts and athletics 
who previously had been included in H-1,\3\ as well as a 
separate H-1B category for up to 65,000 individuals who are 
coming temporarily to work in a ``specialty occupation,'' which 
is defined as ``an occupation that requires . . . (A) 
theoretical and practical application of a body of highly 
specialized knowledge, and (B) attainment of a bachelor's or 
higher degree in the specific specialty (or its equivalent) as 
a minimum for entry into the occupation in the United 
States.''\4\ The 1990 Act inadvertently omitted fashion models 
from any visa category. The omission was noticed, and addressed 
in the Miscellaneous and Technical Immigration and 
Naturalization Amendments of 1991;\5\ but fashion models were 
added to the H-1B category,\6\ under the overall H-1B numerical 
cap, rather than to the P visa category.
---------------------------------------------------------------------------
    \3\Immigration Act of 1990, Sec. 207, Pub. L. No. 101-649, 104 
Stat. 4978 (1990).
    \4\Robert C. Divine and R. Blake Chisam,Immigration Practice, 
Sec. 17-4(b), p. 17-79 (Juris Publishing, Inc. 2006) (citing INA 
Sec. 214(i)(1)).
    \5\Miscellaneous and Technical Immigration and Naturalization 
Amendments of 1991, Pub. L. No. 102-232, 105 Stat. 1733 (Dec. 12, 
1991).
    \6\Id. at Sec. 207(b).
---------------------------------------------------------------------------
    So long as the supply of H-1B visa numbers exceeded demand, 
placing fashion models in the H-1B category merely appeared 
odd. Since the late 1990's, however, when the demand for visas 
under H-1B began bumping up against the numerical cap, the 
misfit between fashion models and the H-1B category has 
increasingly caused real problems. From fiscal years 2000 
through 2005, new employment approvals for H-1B fashion models 
ranged from 614 to 790. In fiscal years 2005 through 2007, 
these numbers declined steadily to 467, 438, and 349 
respectively, likely as a result of the pressure on H-1B 
numbers caused by the H-1B cap.
    The current visa structure hurts American commercial 
interests; undermines our Nation's leadership role in the 
international fashion, publishing, and advertising industries; 
and does nothing to advance the careers of American fashion 
models. When advertisers and marketers cannot get the 
particular fashion model they want into the United States for 
their ``shoot,'' they have an easy solution--namely, to move 
the location of the shoot off shore.
    When shoots are moved outside the United States, the 
American economy suffers. Taxes that would be paid by foreign 
fashion models for working in the United States are lost to 
Federal and state governments, firms that manage fashion models 
in the United States lose commissions to foreign firms, 
American fashion models who might be included in ensemble 
shoots are displaced by local talent in the offshore location, 
advertising agencies and other media firms in the United States 
lose business to their foreign counterparts, American fashion 
photographers lose business to foreign photographers, and 
workers who support fashion shoots--air and makeup artists, 
fashion stylists, prop stylists, photographic printers, 
retouchers, assistants--lose employment opportunities.
    H.R. 4080 creates a new subcategory in the P visa category 
that retains the current admission standards applied to fashion 
models, while assuring that visas will remain available to 
fashion models of distinguished merit and ability. Placing 
fashion models in the P visa category corrects the 
misclassification that occurred in the Miscellaneous and 
Technical Immigration and Naturalization Amendments of 1991 and 
more appropriately groups fashion models with other 
nonimmigrants (e.g., actors, athletes, and musicians) whose 
skill is in performances that give them a unique commercial 
identity and who make periodic trips into the country for time-
limited assignments. In addition, by removing fashion models 
from the H-1B category, several hundred more visas per year 
will be available for professional workers for whom the 
category was intended.
    The amendment adopted by the Subcommittee on Immigration, 
Citizenship, Refugees, Border Security, and International Law 
limits the number of fashion models who can be admitted 
annually under the P visa category to 1,000, and serves to 
ensure that the ``consultation'' requirements applicable to 
artists, entertainers, and athletes under the existing P 
category, which help protect American workers, would apply to 
fashion models as well.
    The bill provides that 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 the Administrative Procedure Act.'' The 
Committee emphasizes that regulations, guidelines, and 
precedents from the H-1B category that do not apply to the P 
visa category, such as the requirement that a petitioner file a 
Labor Condition Application with the Secretary of Labor, should 
not apply to petitions filed under the new P-4 visa category. 
In addition, the Committee intends that the Department of State 
take all steps reasonable and necessary to ameliorate the 
adverse consequences to foreign fashion models with respect to 
visa applications, such as changes in the applicable ``visa 
reciprocity schedule,'' caused by moving fashion models to the 
P category from the H-1B category. Further, the Committee 
strongly urges the Department of State to readily permit visa 
applicants under the new P-4 category to apply for visas in 
third countries and to temporarily apply more favorable H-1B 
reciprocity schedules to the new P-4 category during the time 
between the passage of this Act and any renegotiation of 
applicable visa reciprocity schedules.

                                Hearings

    The Committee on the Judiciary held no hearings on H.R. 
4080.

                        Committee Consideration

    On May 8, 2008, the Subcommittee on Immigration, 
Citizenship, Refugees, Border Security, and International Law 
met in open session and ordered the bill H.R. 4080 favorably 
reported, with an amendment, by voice vote, a quorum being 
present. On May 14, 2008, the Committee met in open session and 
ordered the bill H.R. 4080 favorably reported, with an 
amendment, by a rollcall vote of 20 to 3, 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. 4080.
    1. Motion to report H.R. 4080, as amended, favorably. 
Passed 20 to 3.

                                                 ROLLCALL NO. 1
----------------------------------------------------------------------------------------------------------------
                                                                       Ayes            Nays           Present
----------------------------------------------------------------------------------------------------------------
Mr. Conyers, Jr., Chairman......................................              X
Mr. Berman......................................................
Mr. Boucher.....................................................
Mr. Nadler......................................................              X
Mr. Scott.......................................................              X
Mr. Watt........................................................              X
Ms. Lofgren.....................................................              X
Ms. Jackson Lee.................................................              X
Ms. Waters......................................................              X
Mr. Delahunt....................................................
Mr. Wexler......................................................
Ms. Sanchez.....................................................              X
Mr. Cohen.......................................................              X
Mr. Johnson.....................................................
Ms. Sutton......................................................              X
Mr. Gutierrez...................................................              X
Mr. Sherman.....................................................              X
Ms. Baldwin.....................................................
Mr. Weiner......................................................              X
Mr. Schiff......................................................              X
Mr. Davis.......................................................
Ms. Wasserman Schultz...........................................              X
Mr. Ellison.....................................................
Mr. Smith (Texas)...............................................              X
Mr. Sensenbrenner, Jr...........................................                              X
Mr. Coble.......................................................              X
Mr. Gallegly....................................................
Mr. Goodlatte...................................................
Mr. Chabot......................................................                              X
Mr. Lungren.....................................................              X
Mr. Cannon......................................................
Mr. Keller......................................................              X
Mr. Issa........................................................              X
Mr. Pence.......................................................
Mr. Forbes......................................................
Mr. King........................................................                              X
Mr. Feeney......................................................
Mr. Franks......................................................
Mr. Gohmert.....................................................
Mr. Jordan......................................................
                                                                 -----------------------------------------------
    Total.......................................................             20               3
----------------------------------------------------------------------------------------------------------------

                      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. 4080, 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, May 15, 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. 4080, a bill to 
amend the Immigration and Nationality Act to establish a 
separate nonimmigrant classification for fashion models.
    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. 4080--A bill to amend the Immigration and Nationality Act to 
        establish a separate nonimmigrant classification for fashion 
        models.
    CBO estimates that implementing H.R. 4080 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. In addition, we 
estimate that enacting H.R. 4080 could increase revenues by 
less than $500,000 a year in fiscal years 2009 through 2018.
    H.R. 4080 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.
    H.R. 4080 would establish a new nonimmigrant category for 
certain fashion models. Those individuals would be able to 
enter the United States and remain for up to 10 years under the 
new classification. The bill would limit the number of 
nonimmigrant visas granted to models to 1,000 for each fiscal 
year, not including any spouses or children accompanying the 
applicant.
    The Department of State collects fees from persons who 
apply for such visas from overseas. Under current law, the 
department charges an application fee of $131 per person. In 
addition, DHS would collect a fee of $320 to process the visa 
applications submitted by fashion models. All of those fees are 
classified as offsetting collections (for the Department of 
State) or offsetting receipts (for DHS) and are retained and 
spent by the departments. CBO estimates that the net budgetary 
effect of those increased collections would be less than 
$500,000 a year.
    In addition, the Department of State may charge additional 
fees for issuing a nonimmigrant visa. Those fees vary by 
country and are deposited in the Treasury as revenues. Based on 
the number of fashion models entering the United States as 
nonimmigrants in recent years, CBO estimates that the 
department would process fewer than 1,000 additional 
applications annually and that enacting H.R. 4080 would 
increase revenues by less than $500,000 a year in fiscal years 
2009 through 2018.
    Finally, some of the additional persons admitted under this 
legislation could become eligible for certain Federal benefits, 
but CBO expects that any increase in direct spending for 
benefit programs would not be significant over the 2009-2018 
period.
    The CBO staff contacts for this estimate are Mark Grabowicz 
(for DHS's costs), who can be reached at 226-2860, and Sunita 
D'Monte (for the Department of State's costs), who can be 
reached at 226-2840. 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. 
4080 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.

                   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. 4080 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. Establishment of New Fashion Model Nonimmigrant 
Classification. Section 1 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. It 
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.

                              Agency Views

         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 italic, existing law in which no change is 
proposed is shown in roman):

                    IMMIGRATION AND NATIONALITY ACT

           *       *       *       *       *       *       *
                            TITLE I--GENERAL

                              definitions

  Section 101. (a) As used in this Act--
  (1) * * *

           *       *       *       *       *       *       *

  (15) The term ``immigrant'' means every alien except an alien 
who is within one of the following classes of nonimmigrant 
aliens--
          (A) * * *

           *       *       *       *       *       *       *

          (H) an alien (i)(b) subject to section 212(j)(2), who 
        is coming temporarily to the United States to perform 
        services (other than services described in subclause 
        (a) during the period in which such subclause applies 
        and other than services described in subclause (ii)(a) 
        or in subparagraph (O) or (P)) in a specialty 
        occupation described in section 214(i)(1) [or as a 
        fashion model], who meets the requirements for the 
        occupation specified in section 214(i)(2) [or, in the 
        case of a fashion model, is of distinguished merit and 
        ability], and with respect to whom the Secretary of 
        Labor determines and certifies to the Attorney General 
        that the intending employer has filed with the 
        Secretary an application under section 212(n)(1), or 
        (b1) who is entitled to enter the United States under 
        and in pursuance of the provisions of an agreement 
        listed in section 214(g)(8)(A), who is engaged in a 
        specialty occupation described in section 214(i)(3), 
        and with respect to whom the Secretary of Labor 
        determines and certifies to the Secretary of Homeland 
        Security and the Secretary of State that the intending 
        employer has filed with the Secretary of Labor an 
        attestation under section 212(t)(1), or (c) who is 
        coming temporarily to the United States to perform 
        services as a registered nurse, who meets the 
        qualifications described in section 212(m)(1), and with 
        respect to whom the Secretary of Labor determines and 
        certifies to the Attorney General that an unexpired 
        attestation is on file and in effect under section 
        212(m)(2) for the facility (as defined in section 
        212(m)(6)) for which the alien will perform the 
        services; or (ii)(a) having a residence in a foreign 
        country which he has no intention of abandoning who is 
        coming temporarily to the United States to perform 
        agricultural labor or services, as defined by the 
        Secretary of Labor in regulations and including 
        agricultural labor defined in section 3121(g) of the 
        Internal Revenue Code of 1986, agriculture as defined 
        in section 3(f) of the Fair Labor Standards Act of 1938 
        (29 U.S.C. 203(f)), and the pressing of apples for 
        cider on a farm, of a temporary or seasonal nature, or 
        (b) having a residence in a foreign country which he 
        has no intention of abandoning who is coming 
        temporarily to the United States to perform other 
        temporary service or labor if unemployed persons 
        capable of performing such service or labor cannot be 
        found in this country, but this clause shall not apply 
        to graduates of medical schools coming to the United 
        States to perform services as members of the medical 
        profession; or (iii) having a residence in a foreign 
        country which he has no intention of abandoning who is 
        coming temporarily to the United States as a trainee, 
        other than to receive graduate medical education or 
        training, in a training program that is not designed 
        primarily to provide productive employment; and the 
        alien spouse and minor children of any such alien 
        specified in this paragraph if accompanying him or 
        following to join him;

           *       *       *       *       *       *       *

          (P) an alien having a foreign residence which the 
        alien has no intention of abandoning who--
                  (i) * * *

           *       *       *       *       *       *       *

                  (iii)(I) * * *

           *       *       *       *       *       *       *

                  (II) seeks to enter the United States 
                temporarily and solely to perform, teach, or 
                coach as such an artist or entertainer or with 
                such a group under a commercial or 
                noncommercial program that is culturally 
                unique; [or]
                  (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
                  [(iv)] (v) is the spouse or child of an alien 
                described in [clause (i), (ii), or (iii)] 
                clause (i), (ii), (iii), or (iv) and is 
                accompanying, or following to join, the alien;

           *       *       *       *       *       *       *

TITLE II--IMMIGRATION

           *       *       *       *       *       *       *

 Chapter 2--Qualifications for Admission of Aliens; Travel Control of 
Citizens and Aliens

           *       *       *       *       *       *       *

                       ADMISSION OF NONIMMIGRANTS

  Sec. 214. (a)(1) * * *
  (2)(A) * * *
  (B) The period of authorized status as a nonimmigrant 
described in section 101(a)(15)(P) shall be for such period as 
the Attorney General may specify in order to provide for the 
competition, event, or performance for which the nonimmigrant 
is admitted. In the case of nonimmigrants admitted as 
individual athletes or fashion models under section 
101(a)(15)(P), the period of authorized status may be for an 
initial period (not to exceed 5 years) during which the 
nonimmigrant will perform as an athlete or fashion model and 
such period may be extended by the Attorney General for an 
additional period of up to 5 years.

           *       *       *       *       *       *       *

  (c)(1) * * *

           *       *       *       *       *       *       *

  (4)(A) * * *

           *       *       *       *       *       *       *

  (D) The Attorney General shall approve petitions under this 
subsection with respect to nonimmigrants described in [clause 
(i) or (iii)] clause (i), (iii), or (iv) of section 
101(a)(15)(P) only after consultation in accordance with 
paragraph (6).

           *       *       *       *       *       *       *

  (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).

           *       *       *       *       *       *       *

  (6)(A)(i) * * *

           *       *       *       *       *       *       *

  (iii) To meet the consultation requirement of paragraph 
(4)(D) in the case of a petition for a nonimmigrant described 
in [section 101(a)(15)(P)(i) or 101(a)(15)(P)(iii),] clause 
(i), (iii), or (iv) of section 101(a)(15)(P), the petitioner 
shall submit with the petition an advisory opinion from a labor 
organization with expertise in the specific field [of athletics 
or entertainment] involved.

           *       *       *       *       *       *       *

  (E)(i) The Attorney General shall establish by regulation 
expedited consultation procedures in the case of nonimmigrant 
[artists or entertainers] artists, entertainers, or fashion 
models described in section 101(a)(15)(O) or 101(a)(15)(P) to 
accommodate the exigencies and scheduling of a given production 
or event.

           *       *       *       *       *       *       *

                                  
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