II 

108TH CONGRESS 

2D SESSION S. 2792

To permit athletes to receive nonimmigrant alien status under certain 

conditions, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 13, 2004

Ms. COLLINS introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL

To permit athletes to receive nonimmigrant alien status 

under certain conditions, and for other purposes.

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

3 SECTION 1. NONIMMIGRANT ALIEN STATUS FOR CERTAIN 

4 ATHLETES. 

5 Section 214(c)(4)(A)(i) of the Immigration and Na6 tionality Act (8 U.S.C. 1184(c)(4)(A)(i)) is amended to 

7 read as follows: 

8 ‘‘(i)(I) performs as an athlete, individually or as 

9 part of a group or team, at an internationally recog10 nized level of performance, 
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1 ‘‘(II) is a professional athlete, as defined in sec2 tion 204(i)(2), or 

3 ‘‘(III) performs as an athlete, or as a coach, as 

4 part of a team or franchise that is located in the 

5 United States and a member of a foreign league or 

6 association of 15 or more amateur sports teams, if—

7 ‘‘(aa) the foreign league or association is 

8 the highest level of amateur performance of 

9 that sport in the relevant foreign country, 

10 ‘‘(bb) participation in such league or asso11 ciation renders players ineligible, whether on a 

12 temporary or permanent basis, to earn a schol13 arship in, or participate in, that sport at a col14 lege or university in the United States under 

15 the rules of the National Collegiate Athletic As16 sociation (NCAA), and 

17 ‘‘(cc) a significant number of the individ18 uals who play in such league or association are 

19 drafted by a major sports league or a minor 

20 league affiliate of such a sports league, and’’. 

21 SEC. 2. ADVISORY OPINIONS. 

22 Section 214(c) of the Immigration and Nationality 

23 Act (8 U.S.C. 1184(c)) is amended—

24 (1) in paragraph (4)(D), by inserting ‘‘(other 

25 than with respect to aliens seeking entry under sub-
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1 clause (II) or (III) of subparagraph (A)(i) of this 

2 paragraph),’’ after ‘‘101(a)(15)(P)’’; and 

3 (2) in paragraph (6)(A)(iii), by inserting 

4 ‘‘(other than with respect to aliens seeking entry 

5 under subclause (II) or (III) of subparagraph (A)(i) 

6 of this paragraph)’’ after ‘‘101(a)(15)(P)(i)’’. 

7 SEC. 3. PETITIONS FOR MULTIPLE ALIENS. 

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

9 Act (8 U.S.C. 1184(c)(4)) is amended by adding at the 

10 end the following new paragraph: 

11 ‘‘(F) The Secretary of Homeland Security shall per12 mit a petition under this subsection to seek classification 

13 of more than one alien as a nonimmigrant under section 

14 101(a)(15)(P)(i)(a). The fee charged for such a petition 

15 may not be more than the fee charged for a petition seek16 ing classification of one such alien.’’. 

17 SEC. 4. RELATIONSHIP TO OTHER PROVISIONS OF THE IM18 MIGRATION AND NATIONALITY ACT. 

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

20 Act (8 U.S.C. 1184(c)(4)), as amended by section 3, is 

21 further amended by adding at the end the following new 

22 paragraph: 

23 ‘‘(G) Notwithstanding any other provision of this 

24 title, the Secretary of Homeland Security shall permit an 

25 athlete, or the employer of an athlete, to seek admission 
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1 to the United States for such athlete under a provision 

2 of this Act other than section 101(a)(15)(P)(i).’’. 

3 SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS. 

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

5 Act (8 U.S.C. 1184(c)(4)) is amended by striking ‘‘Attor6 ney General’’ each place it appears and inserting ‘‘Sec7 retary of Homeland Security’’.

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