(B) the Attorney General may not approve a petition filed by the em-
ployer under any of sections 2313–2319 or 2325 of this title or sub-
chapter I of chapter 43 for at least one year.
(4) If the Secretary finds after notice and an opportunity for a hearing
under paragraph (2) of this subsection that an employer has not paid wages
at the wage level specified under the application and required under sub-
section (a)(1) of this section, the Secretary shall order the employer to pro-
vide back pay required to comply with subsection (a)(1) whether or not a
penalty has been imposed under paragraph (3) of this subsection.
§ 2352. Advisory opinions for aliens with extraordinary abil-
ity or with distinction in the arts, motion pictures,
or television
(a) GENERAL REQUIREMENTS.—(1) The Attorney General may approve
a petition—
(A) for an alien described in section 2318(a)(1)(A)(i) or (ii) of this
title, only after the petitioner consults with a peer group or other per-
son (including a labor organization) the petitioner chooses with exper-
tise in the specific field involved by submitting with the petition an ad-
visory opinion from that group or person;
(B) for an alien described in section 2318(a)(2)(A)–(C)(i) of this
title, only after the petitioner consults with a labor organization with
expertise in the area of the skills and experience involved by submitting
with the petition an advisory opinion from that labor organization; or
(C) for an alien described in section 2318(a)(1)(A)(iii) or (2)(C)(ii)
of this title, after consulting with the appropriate labor organization
representing the alien’s occupational peers and a management organi-
zation in the area of the alien’s ability.
(2) An opinion by a labor organization or management organization about
an alien referred to in paragraph (1)(C) of this subsection trying to enter
the United States for a motion picture or television production is advisory
only. An opinion recommending denial of an application for that alien must
be in writing. In making a decision on the petition, the Attorney General
shall consider the exigencies and scheduling of the production. The Attorney
General shall attach any advisory opinion to that decision.
(3)(A) If a petitioner does not submit an advisory opinion from an appro-
priate labor organization as required by paragraph (1)(A) or (B) of this
subsection, the Attorney General shall forward a copy of the petition and
supporting documents to the national office of an appropriate labor organi-
zation not later than 5 days after receiving the petition. If the employer’s
employees in the occupational classification for which the alien is being
sought have a collective bargaining representative, that representative is the
appropriate labor organization.
(B) A person or labor organization receiving a copy of a petition as pro-
vided in subparagraph (A) of this paragraph has not more than 15 days
after receiving the petition to submit a written advisory opinion or provide
a letter stating that the person or organization has no objection. At the end
of the 15-day period, the Attorney General shall give the petitioner an op-
portunity, when appropriate, to provide rebuttal evidence. The Attorney
General shall act on the petition not later than 14 days after the end of
the 15-day period, or if rebuttal evidence is provided, not later than 14 days
after receiving that evidence. The Attorney General may shorten a time pe-
riod under this paragraph for emergency reasons unless the shorter period
is an unreasonable burden on a participant in the process.
(4) If a petitioner referred to in paragraph (1)(A) or (B) of this sub-
section establishes that an appropriate peer group (including a labor organi-
zation) does not exist, the Attorney General shall act on the petition without
requiring an advisory opinion.
(5) The Attorney General shall prescribe regulations to establish expe-
dited consultation procedures for nonimmigrant—
(A) artists and entertainers described in section 2318 of this title to
accommodate the exigencies and scheduling of a given production or
event; and
(B) athletes described in section 2318(a)(1) of this title in the case
of emergency circumstances, including trades during a season.
(6) Consultation with a nongovernmental entity does not authorize the
Attorney General to delegate authority under this subsection to a non-
governmental entity. The Attorney General shall give advisory opinions
under this subsection the weight the Attorney General decides, in the Attor-
ney General’s sole discretion, is appropriate.
(b) WAIVERS.—The Attorney General shall prescribe regulations to pro-
vide for the waiver of the consultation requirement under subsection
(a)(1)(A) of this section for an alien admitted as a nonimmigrant classified
under section 2318(a)(1)(A)(ii) of this title because of distinction in the arts
and who is trying to be readmitted to perform similar services within 2
years after the date of a consultation under subsection (a)(1)(A) of this sec-
tion. Not later than 5 days after a waiver is provided, the Attorney General
shall forward a copy of the petition and supporting documents to the na-
tional office of the appropriate labor organization.
§ 2353. Advisory opinions for athletes and entertainers
(a) GENERAL REQUIREMENTS.—(1) The Attorney General may approve
a petition for an alien described in—