(A) section 2319(a)(1) (A), (B), or (D) of this title, only after the
petitioner consults with a labor organization with expertise in the spe-
cific field of athletics or entertainment involved by submitting with the
petition an advisory opinion from that labor organization; or
(B) section 2319(a)(1)(C) of this title, only after consultation with
labor organizations representing artists and entertainers in the United
States.
(2) If a petitioner does not submit an advisory opinion from an appro-
priate labor organization required by paragraph (1)(A) of this subsection,
the Attorney General shall forward a copy of the petition and supporting
documents to the national office of an appropriate labor organization 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.
(3) A person or labor organization receiving a copy of a petition as pro-
vided in paragraph (2) of this subsection has not more than 15 days after
receiving the petition to submit a written advisory opinion or provide a let-
ter 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 oppor-
tunity, when appropriate, to provide rebuttal evidence. The Attorney Gen-
eral 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) of this subsection es-
tablishes that an appropriate peer group (including a labor organization)
does not exist, the Attorney General shall act on the petition without requir-
ing an advisory opinion.
(5) The Attorney General shall prescribe regulations to establish expe-
dited consultation procedures for nonimmigrant—
(A) artists and entertainers under section 2319 of this title to ac-
commodate the exigencies and scheduling of a given production or
event; and
(B) athletes described in section 2319(a)(1)(A) 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 AND NONAPPLICATION.—(1) The Attorney General may
waive—
(A) in consideration of special circumstances, the international rec-
ognition requirement of section 2319(a)(1)(B)(i) of this title for an en-
tertainment group that is recognized nationally as being outstanding in
its discipline for a sustained and substantial period of time; and
(B) 
the 
one-year 
relationship 
requirement 
of 
section
2319(a)(1)(B)(ii) of this title for an alien who—
(i) replaces an essential member of the group, because of illness
or unanticipated or exigent circumstances; or
(ii) augments the group by performing a critical role.
(2) The one-year relationship requirement of section 2319(a)(1)(B)(ii) of
this title does not apply to 25 percent of the performers in a group.
(3) The requirements of section 2319(a)(1)(B)(i) and (ii) of this title do
not apply to an alien who performs as part of a circus or circus group or
who is an integral and essential part of the performance of that circus or
group, but only if the alien is coming to the United States to join a circus
that has been recognized nationally as outstanding for a sustained and sub-
stantial period of time or as part of such a circus.
CHAPTER 25—TEMPORARY AGRICULTURAL WORKERS
Sec.
2501.
Definitions.
2502.
Certification requirements.
2503.
Applications for certification.
2504.
Conditions for issuing certifications.
2505.
Associations of agricultural producers.
2506.
Housing.
2507.
Expedited administrative review.
2508.
Disqualification of aliens for violating conditions of prior admission.
2509.
Enforcement authority of the Secretary of Labor.
2510.
Endorsement of entry and exit documentation.
2511.
Preemption of State and local law.
2512.
Biennial reports.
2513.
Approval of regulations.
2514.
Authorization of appropriations.
§ 2501. Definitions
In this chapter—
(1) ‘‘temporary agricultural worker’’ means a nonimmigrant classi-
fied under section 2314 of this title.
(2) ‘‘United States worker’’ means an individual who is not an unau-
thorized alien (as defined in section 11101 of this title) with respect
to particular employment.
216
(i) the marriage was entered into in good faith and under the laws
of the place where the marriage took place;
(ii) the marriage was not entered into to procure the alien’s entry
as an immigrant; and
(iii) no consideration was given, except to an attorney for assistance
in preparing a petition, for filing a petition under section 2309(b) or
4301(a) or (b) of this title for an alien spouse or alien son or daughter.
(B) Under regulations of the Attorney General, the Attorney General
shall allow only one level of administrative appellate review for each alien
under this paragraph.
§ 9102.
Aliens who entered the United States without in-
spection and certain other aliens
(a) WHO MAY APPLY.—An alien physically present in the United States
who entered the United States without inspection or who is described in sec-
tion 9101(f) of this title may apply to the Attorney General to adjust the
status of the alien to that of an alien lawfully admitted for permanent resi-
dence.
(b) ACCEPTANCE OF APPLICATION.—(1) The Attorney General may ac-
cept the application only if the alien remits with the application an amount
equal to 5 times the fee required for processing an application under section
9101 of this title as of the date of receipt of the application. The amount
required under this subsection is in addition to the fee normally required
for processing an application under section 9101.
(2) This subsection does not apply to—
(A) a child who is less than 17 years of age; or
(B) an alien who—
(i) is the spouse or unmarried child of an individual who at any
time became lawfully admitted for temporary or permanent resi-
dence under chapter 93 of this title, section 210 of the Immigra-
tion and Nationality Act (ch. 477, 66 Stat. 163), or section 202
of the Immigration Reform and Control Act of 1986 (Public Law
99–603, 100 Stat. 3404);
(ii) was the spouse or unmarried child of that individual on May
5, 1988;
(iii) entered the United States before May 5, 1988, resided in
the United States on May 5, 1988, and is not a lawful permanent
resident; and
(iv) applied for benefits under section 301(a) of the Immigra-
tion Act of 1990 (Public Law 101–649, 104 Stat. 5029).