69–006 

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: 


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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) 


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1 Immigration Act of 1990, Pub. L. No. 101–649, 104 Stat. 4978 (1990). 

2 8 U.S.C. § 1101(h)(1) (1989); Robert C. Divine and R. Blake Chisam, IMMIGRATION PRACTICE, § 17-4(b), pp. 17–77–78 (Juris Publishing, Inc. 2006). 3 Immigration Act of 1990, § 207, Pub. L. No. 101–649, 104 Stat. 4978 (1990). 

4 Robert C. Divine and R. Blake Chisam,IMMIGRATION PRACTICE, § 17-4(b), p. 17–79 (Juris 

Publishing, Inc. 2006) (citing INA § 214(i)(1)). 5Miscellaneous and Technical Immigration and Naturalization Amendments of 1991, Pub. L. 

No. 102–232, 105 Stat. 1733 (Dec. 12, 1991). 6 Id. at § 207(b). 

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. 

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. 

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 


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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 


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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. Sa ́nchez ...................................................................................................... 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 


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ROLLCALL NO. 1—Continued 

Ayes Nays Present 

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. 


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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. 


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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. 


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AGENCY VIEWS


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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) øor as a fashion 

model¿, who meets the requirements for the occupation specified in section 214(i)(2) øor, 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 


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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; øor¿ 

(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 

ø(iv)¿ (v) is the spouse or child of an alien described in 

øclause (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 


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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 øclause (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 øsection 

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 øof athletics or entertainment¿ involved. 

* * * * * * * 

(E)(i) The Attorney General shall establish by regulation expedited consultation procedures in the case of nonimmigrant øartists 

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. 

* * * * * * * 

Æ 


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