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Union Calendar No. 330 

110TH CONGRESS 

2D SESSION H. R. 1312 

[Report No. 110–540] 

To expedite adjudication of employer petitions for aliens of extraordinary 

artistic ability. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 5, 2007 

Mr. BERMAN (for himself, Mrs. BLACKBURN, Mr. WEINER, Mr. COBLE, Mr. 

NADLER, Mr. CHABOT, Mr. SCHIFF, and Mr. DANIEL E. LUNGREN of 

California) introduced the following bill; which was referred to the Committee on the Judiciary 

MARCH 6, 2008 

Additional sponsors: Mr. CONYERS, Ms. WATERS, Mr. HODES, Mr. MCCAUL

of Texas, and Ms. LINDA T. SA ́NCHEZ of California 

MARCH 6, 2008 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To expedite adjudication of employer petitions for aliens of 

extraordinary artistic ability. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

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•HR 1312 RH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Arts Require Timely 

3 Service (ARTS) Act’’. 

4 SEC. 2. EXPEDITED ADJUDICATION OF EMPLOYER PETI5 TIONS FOR ALIENS OF EXTRAORDINARY AR6 TISTIC ABILITY. 

7 Section 214(c) of the Immigration and Nationality 

8 Act (8 U.S.C. 1184(c)) is amended— 

9 (1) by striking ‘‘Attorney General’’ each place 

10 it appears and inserting ‘‘Secretary of Homeland Se11 curity’’; and 

12 (2) in paragraph (6)(D)— 

13 (A) by striking ‘‘Any person’’ and inserting 

14 ‘‘(i) Except as provided in clause (ii), any per15 son’’; and 

16 (B) by adding at the end the following: 

17 ‘‘(ii) The Secretary of Homeland Se18 curity shall adjudicate each petition for an 

19 alien with extraordinary ability in the arts 

20 (as described in section 101(a)(15)(O)(i)), 

21 an alien accompanying such an alien (as 

22 described in clauses (ii) and (iii) of section 

23 101(a)(15)(O)), or an alien described in 

24 section 101(a)(15)(P) not later than 30 

25 days after— 

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1 ‘‘(I) the date on which the peti2 tioner submits the petition with a 

3 written advisory opinion, letter of no 

4 objection, or request for a waiver; or 

5 ‘‘(II) the date on which the 15- 

6 day period described in clause (i) has 

7 expired, if the petitioner has had an 

8 opportunity, as appropriate, to supply 

9 rebuttal evidence. 

10 ‘‘(iii) If a petition described in clause 

11 (ii) is not adjudicated before the end of the 

12 30-day period described in clause (ii) and 

13 the petitioner is a qualified nonprofit orga14 nization or an individual or entity peti15 tioning primarily on behalf of a qualified 

16 nonprofit organization, the Secretary of 

17 Homeland Security shall provide the peti18 tioner with the premium-processing serv19 ices referred to in section 286(u), without 

20 a fee.’’. 

21 SECTION 1. SHORT TITLE. 

22 This Act may be cited as the ‘‘Arts Require Timely 

23 Service (ARTS) Act’’. 

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•HR 1312 RH

1 SEC. 2. EXPEDITED ADJUDICATION OF EMPLOYER PETI2 TIONS FOR ALIENS OF EXTRAORDINARY AR3 TISTIC ABILITY. 

4 Section 214(c) of the Immigration and Nationality Act 

5 (8 U.S.C. 1184(c)) is amended— 

6 (1) by striking ‘‘Attorney General’’ each place it 

7 appears and inserting ‘‘Secretary of Homeland Secu8 rity’’; and 

9 (2) in paragraph (6)(D)— 

10 (A) by striking ‘‘(D) Any person’’ and in11 serting ‘‘(D)(i) Except as provided in clause (ii), 

12 any person’’; and 

13 (B) by adding at the end the following: 

14 ‘‘(ii) The Secretary of Homeland Security shall adju15 dicate each petition for an alien with extraordinary ability 

16 in the arts (as described in section 101(a)(15)(O)(i)), an 

17 alien accompanying such an alien (as described in clauses 

18 (ii) and (iii) of section 101(a)(15)(O)), or an alien de19 scribed in section 101(a)(15)(P) (other than an alien de20 scribed in section 214(c)(4)(A) (relating to athletes)) not 

21 later than 30 days after— 

22 ‘‘(I) the date on which the petitioner submits the 

23 petition with a written advisory opinion, letter of no 

24 objection, or request for a waiver; or 

25 ‘‘(II) the date on which the 15-day period de26 scribed in clause (i) has expired, if the petitioner has 

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1 had an opportunity, as appropriate, to supply rebut2 tal evidence. 

3 ‘‘(iii) If a petition described in clause (ii) is not adju4 dicated before the end of the 30-day period described in 

5 clause (ii) and the petitioner is an arts organization de6 scribed in paragraph (3), (5), or (6) of section 501(c) of 

7 the Internal Revenue Code of 1986 and exempt from tax 

8 under section 501(a) of such Code for the taxable year pre9 ceding the calendar year in which the petition is submitted, 

10 or an individual or entity petitioning primarily on behalf 

11 of such an organization, the Secretary of Homeland Secu12 rity shall provide the petitioner with the premium-proc13 essing services referred to in section 286(u), without a fee.’’. 

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Union Calendar No. 330 

110TH CONGRESS 

2D SESSION H. R. 1312 

[Report No. 110

–540] 

A BILL 

To expedite adjudication of employer petitions for 

aliens of extraordinary artistic ability. 

MARCH 6, 2008 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 

mstockstill on PROD1PC66 with BILLS