[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1312 Reported in House (RH)]






                                                 Union Calendar No. 330
110th CONGRESS
  2d Session
                                H. R. 1312

                          [Report No. 110-540]

     To expedite adjudication of employer petitions for aliens of 
                    extraordinary artistic ability.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 5, 2007

  Mr. Berman (for himself, Mrs. Blackburn, Mr. Weiner, Mr. Coble, Mr. 
     Nadler, Mr. Chabot, Mr. Schiff, and Mr. Daniel E. Lungren of 
 California) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

                             March 6, 2008

Additional sponsors: Mr. Conyers, Ms. Waters, Mr. Hodes, Mr. McCaul of 
             Texas, and Ms. Linda T. Sanchez of California

                             March 6, 2008

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
     To expedite adjudication of employer petitions for aliens of 
                    extraordinary artistic ability.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Arts Require Timely Service 
(ARTS) Act''.</DELETED>

<DELETED>SEC. 2. EXPEDITED ADJUDICATION OF EMPLOYER PETITIONS FOR 
              ALIENS OF EXTRAORDINARY ARTISTIC ABILITY.</DELETED>

<DELETED>    Section 214(c) of the Immigration and Nationality Act (8 
U.S.C. 1184(c)) is amended--</DELETED>
        <DELETED>    (1) by striking ``Attorney General'' each place it 
        appears and inserting ``Secretary of Homeland Security''; 
        and</DELETED>
        <DELETED>    (2) in paragraph (6)(D)--</DELETED>
                <DELETED>    (A) by striking ``Any person'' and 
                inserting ``(i) Except as provided in clause (ii), any 
                person''; and</DELETED>
                <DELETED>    (B) by adding at the end the 
                following:</DELETED>
                        <DELETED>    ``(ii) The Secretary of Homeland 
                        Security shall adjudicate each petition for an 
                        alien with extraordinary ability in the arts 
                        (as described in section 101(a)(15)(O)(i)), an 
                        alien accompanying such an alien (as described 
                        in clauses (ii) and (iii) of section 
                        101(a)(15)(O)), or an alien described in 
                        section 101(a)(15)(P) not later than 30 days 
                        after--</DELETED>
                                <DELETED>    ``(I) the date on which 
                                the petitioner submits the petition 
                                with a written advisory opinion, letter 
                                of no objection, or request for a 
                                waiver; or</DELETED>
                                <DELETED>    ``(II) the date on which 
                                the 15-day period described in clause 
                                (i) has expired, if the petitioner has 
                                had an opportunity, as appropriate, to 
                                supply rebuttal evidence.</DELETED>
                        <DELETED>    ``(iii) If a petition described in 
                        clause (ii) is not adjudicated before the end 
                        of the 30-day period described in clause (ii) 
                        and the petitioner is a qualified nonprofit 
                        organization or an individual or entity 
                        petitioning primarily on behalf of a qualified 
                        nonprofit organization, the Secretary of 
                        Homeland Security shall provide the petitioner 
                        with the premium-processing services referred 
                        to in section 286(u), without a 
                        fee.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Arts Require Timely Service (ARTS) 
Act''.

SEC. 2. EXPEDITED ADJUDICATION OF EMPLOYER PETITIONS FOR ALIENS OF 
              EXTRAORDINARY ARTISTIC ABILITY.

    Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 
1184(c)) is amended--
            (1) by striking ``Attorney General'' each place it appears 
        and inserting ``Secretary of Homeland Security''; and
            (2) in paragraph (6)(D)--
                    (A) by striking ``(D) Any person'' and inserting 
                ``(D)(i) Except as provided in clause (ii), any 
                person''; and
                    (B) by adding at the end the following:
    ``(ii) The Secretary of Homeland Security shall adjudicate each 
petition for an alien with extraordinary ability in the arts (as 
described in section 101(a)(15)(O)(i)), an alien accompanying such an 
alien (as described in clauses (ii) and (iii) of section 
101(a)(15)(O)), or an alien described in section 101(a)(15)(P) (other 
than an alien described in section 214(c)(4)(A) (relating to athletes)) 
not later than 30 days after--
            ``(I) the date on which the petitioner submits the petition 
        with a written advisory opinion, letter of no objection, or 
        request for a waiver; or
            ``(II) the date on which the 15-day period described in 
        clause (i) has expired, if the petitioner has had an 
        opportunity, as appropriate, to supply rebuttal evidence.
    ``(iii) If a petition described in clause (ii) is not adjudicated 
before the end of the 30-day period described in clause (ii) and the 
petitioner is an arts organization described in paragraph (3), (5), or 
(6) of section 501(c) of the Internal Revenue Code of 1986 and exempt 
from tax under section 501(a) of such Code for the taxable year 
preceding the calendar year in which the petition is submitted, or an 
individual or entity petitioning primarily on behalf of such an 
organization, the Secretary of Homeland Security shall provide the 
petitioner with the premium-processing services referred to in section 
286(u), without a fee.''.
                                                 Union Calendar No. 330

110th CONGRESS

  2d Session

                               H. R. 1312

                          [Report No. 110-540]

_______________________________________________________________________

                                 A BILL

     To expedite adjudication of employer petitions for aliens of 
                    extraordinary artistic ability.

_______________________________________________________________________

                             March 6, 2008

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed