[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4354 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4354

 To amend the Immigration and Nationality Act to establish a separate 
            nonimmigrant classification for fashion models.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 16, 2005

Mr. Weiner (for himself and Ms. Ros-Lehtinen) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend the Immigration and Nationality Act to establish a separate 
            nonimmigrant classification for fashion models.

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

SECTION 1. ESTABLISHMENT OF NEW FASHION MODEL NONIMMIGRANT 
              CLASSIFICATION.

    (a) In General.--
            (1) New classification.--Section 101(a)(15)(O) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(O)) is 
        amended--
                    (A) in clause (iii), by striking ``clause (i) or 
                (ii)'' and inserting ``clause (i), (ii), or (iii)'' and 
                by redesignating such as clause (iv); and
                    (B) by inserting after clause (ii) the following 
                new clause:
                    ``(iii) is a fashion model who is of distinguished 
                merit and ability and who is seeking to enter the 
                United States temporarily to perform fashion modeling 
                services that involve events or productions which have 
                a distinguished reputation or that are performed for an 
                organization or establishment that has a distinguished 
                reputation for, or a record of, utilizing prominent 
                modeling talent; or''.
            (2) Numerical limitation.--Section 214(a)(2)(A) of the 
        Immigration and Nationality Act (8 U.S.C. 1184(a)(2)(A)) is 
        amended by adding at the end the following:
                ``The number of aliens who may be issued visas or 
                otherwise provided nonimmigrant status under section 
                101(a)(15)(O)(iii) in any fiscal year shall not exceed 
                1,000.''.
    (b) Elimination of H-1B Classification for Fashion Models.--Section 
101(a)(15)(H)(i)(b) of such Act (8 U.S.C. 1101(a)(15)(H)(i)(b)) is 
amended--
            (1) by striking ``or as a fashion model''; and
            (2) by striking ``or, in the case of a fashion model, is of 
        distinguished merit and ability''.
    (c) Effective Dates.--
            (1) Implementation of new fashion model nonimmigrant 
        classification.--Not later than 60 days after the date of the 
        enactment of this Act, the Secretary of Homeland Security shall 
        promulgate regulations to implement the amendments made by 
        subsection (a). Nothing in this section shall be construed as 
        preventing an alien who is a fashion model from obtaining 
        nonimmigrant status under section 101(a)(15)(O)(i) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(O)(i)) if 
        such alien is otherwise qualified for such status.
            (2) Elimination of h-1b classification for fashion 
        models.--The amendments made by subsection (b)--
                    (A) shall apply on the effective date of the 
                regulations promulgated under paragraph (1); and
                    (B) shall not apply to the classification of an 
                alien under section 101(a)(15)(H)(i)(b) of the 
                Immigration and Nationality Act (8 U.S.C. 
                1101(a)(15)(H)(i)(b)) as a fashion model pursuant to a 
                petition for such classification that was filed before 
                such effective date.
                                 <all>