abandon a residence in a foreign country if the alien has acquired a change
of status under section 9109 of this title to a classification as such a non-
immigrant before the alien’s most recent departure from the United States.
§ 2318. Aliens with extraordinary ability or with distinction
in the arts, motion pictures, or television
(a) GENERAL.—An alien is classifiable as a nonimmigrant under this sec-
tion if the alien—
(1)(A)(i) has extraordinary ability in the sciences, education, busi-
ness, or athletics as demonstrated by sustained national or inter-
national acclaim;
(ii) is distinguished in the arts as demonstrated by sustained na-
tional or international acclaim; or
(iii) with regard to motion picture and television productions has
demonstrated a record of extraordinary achievement and whose achieve-
ments have been recognized in the field through extensive documenta-
tion; and
(B) is coming to the United States to continue work in that field
of extraordinary ability, distinction, or extraordinary achievement;
(2) has a residence in a foreign country that the alien has no inten-
tion of abandoning and—
(A) is coming to the United States temporarily and only to ac-
company and assist in the artistic or athletic performance for any
specific event by an alien described in clause (1) of this subsection;
(B) is an integral part of the actual performance; and
(C)(i) has critical skills and experience with the alien described
in clause (1) of this section that are not general in nature and
that cannot be performed by other individuals; or
(ii) for a motion picture or television production, has skills and
experience with the alien described in clause (1) of this subsection
that are not general in nature and are critical because of a long-
standing working relationship or, for a specific production, because
significant production (including pre-production and post-produc-
tion work) will take place both inside and outside the United
States and the continuing participation of the alien described in
this clause is essential to the successful completion of the produc-
tion; or
(3) is the spouse or child of an alien described in clause (1) or (2)
of this subsection if accompanying or following to join the alien.
(b) PERIOD OF ADMISSION.—An alien classified as a nonimmigrant under
this section may be admitted for the period the Attorney General specifies
to provide for any event for which the nonimmigrant is admitted.
(c) EMPLOYER PETITIONS.—(1) An employer intending to bring to the
United States an alien described in subsection (a)(1) or (2) of this section
must file a petition with the Attorney General. The petition must be in the
form and contain the information the Attorney General prescribes. Before
approving a petition, the Attorney General shall consult with the heads of
appropriate agencies. The Attorney General must approve the petition be-
fore a visa may be issued to the alien. Approval of the petition does not
establish by itself that the alien is a nonimmigrant.
(2) If a petition is filed and denied under this subsection, the Attorney
General shall notify the petitioner of the decision and the reasons for the
denial and the way in which the petitioner may appeal the decision.
(d) CONSULTATION REQUIREMENTS.—The Attorney General may approve
a petition under subsection (c) of this section only after the petitioner satis-
fies the consultation requirements of section 2352 of this title.
§ 2319. Athletes and entertainers
(a) GENERAL.—An alien is classifiable as a nonimmigrant under this sec-
tion if the alien—
(1) has a residence in a foreign country that the alien has no inten-
tion of abandoning who—
(A)(i) performs as an athlete, individually or as a member of
a group or team, at an internationally recognized level of perform-
ance; and
(ii) is coming to the United States temporarily and only to per-
form as an athlete for a specific athletic competition;
(B)(i) performs with, or is an integral and essential part of the
performance of, an entertainment group that, except as provided
in section 2353(b)(1)(A) of this title, has been recognized inter-
nationally as being outstanding in the discipline for a sustained
and substantial period of time;
(ii) if a performer or entertainer, except as provided in section
2353(b)(1)(B) and (2) of this title, has had a sustained and sub-
stantial relationship with that group (ordinarily for at least one
year) and performs functions integral to the performance of the
group; and
(iii) is coming to the United States temporarily and only to per-
form as such a performer or entertainer or as an integral and es-
sential part of a performance;
(C)(i) performs as an artist or entertainer, individually or as a
member of a group, or is an integral part of the performance of
that group; and