[House Report 110-540]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-540

======================================================================



 
                 ARTS REQUIRE TIMELY SERVICE (ARTS) ACT

                                _______
                                

 March 6, 2008.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. Conyers, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1312]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
bill (H.R. 1312) to expedite adjudication of employer petitions 
for aliens of extraordinary artistic ability, having considered 
the same, report favorably thereon with an amendment and 
recommend that the bill as amended do pass.

                                CONTENTS

                                                                   Page
The Amendment....................................................     1
Purpose and Summary..............................................     2
Background and Need for the Legislation..........................     2
Hearings.........................................................     3
Committee Consideration..........................................     3
Committee Votes..................................................     3
Committee Oversight Findings.....................................     6
New Budget Authority and Tax Expenditures........................     6
Congressional Budget Office Cost Estimate........................     6
Performance Goals and Objectives.................................     7
Constitutional Authority Statement...............................     8
Advisory on Earmarks.............................................     8
Section-by-Section Analysis......................................     8
Changes in Existing Law Made by the Bill, as Reported............     8

                             The Amendment

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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.''.

                          Purpose and Summary

    H.R. 1312, the ``Arts Require Timely Service (ARTS) Act,'' 
amends section 214(c) of the Immigration and Nationality Act to 
provide premium processing (as described in section 286(u) of 
the Act) for O or P visa petitions that are not processed 
within 30 days of filing, if the petitioner is a nonprofit arts 
organization or is filing on behalf of such an organization.

                Background and Need for the Legislation

    By inviting foreign artists to perform, nonprofit arts 
organizations in the United States offer American audiences the 
opportunity to experience a variety of artistic talent and 
encourage a supportive climate for American artists to perform 
abroad. But nonprofit arts organizations have confronted 
significant delays and uncertainties in the processing of visa 
petitions for foreign guest artists in the last several years. 
These delays not only impact the immediate availability of 
foreign artists to perform alongside American artists, but also 
threaten to impede the ability of U.S. artists to perform 
abroad.
    When a nonprofit arts organization invites a foreign 
performer, an entire symphony, or other performing arts group 
to perform in the United States, the hosting organization must 
calendar, advertise, and ticket performances far in advance. 
All of these arrangements must be made based on the expectation 
that the organization will successfully obtain a visa for their 
guest performer.
    Increasingly, delays in processing have complicated this 
process, leading many smaller arts organizations to stop 
engaging foreign artists altogether because they cannot risk 
the potential expense of canceling a performance as a result of 
slow visa processing. Organizations that have persevered are 
experiencing more frequent situations in which performances 
involving foreign guest artists must be cancelled because U.S. 
Citizenship and Immigration Services (USCIS) cannot process 
visa petitions within a 6-month period before the performance. 
The risk of cancellation presents problems not only for the 
organizations bringing in foreign artists, but also for 
American artists who are slated to work as part of these 
performances as well as for the support staff employed by the 
organizations for such performances.
    Many nonprofit arts organizations cannot afford the current 
$1,000 fee for premium processing, now offered by USCIS, a 
program that was adopted primarily at the request of for-profit 
corporations. While premium processing provides 15-calendar-day 
processing to petitioners paying the additional fee, this is a 
particularly unreasonable alternative in the context of the O 
and P categories. Existing statute already requires processing 
of these visas within 14 days of receipt of a completed 
petition, although regular visa processing for O and P visas 
can now take up to 180 days--too long for the performance 
schedules of arts organizations to accommodate.
    Prior to the consideration of H.R. 1312, a bipartisan group 
of Members urged USCIS to remedy this problem administratively. 
In October 2003, sixteen members\1\ sent a letter to USCIS 
Director Eduardo Aguirre encouraging him to implement a number 
of reforms, including reducing processing for O and P petitions 
filed by or on behalf of nonprofit organizations to 30 days or 
automatically removing those petitions for premium processing 
at no additional fee. To date, these reforms have not been made 
administratively, and USCIS has advised the Committee that it 
cannot make them without legislative action.
---------------------------------------------------------------------------
    \1\The letter to USCIS Director Eduardo Aguirre was signed by 
Representatives Melissa Hart, Howard Berman, Howard Coble, Adam Schiff, 
Lamar Smith, Robert Wexler, Chris Cannon, William Delahunt, Randy 
Forbes, Anthony Weiner, Mike Pence, Tammy Baldwin, Marsha Blackburn, 
Jerrold Nadler, Steve Chabot, and Sheila Jackson Lee.
---------------------------------------------------------------------------

                                Hearings

    The Committee on the Judiciary held no hearings on H.R. 
1312.

                        Committee Consideration

    On September 25, 2007, the Subcommittee on Immigration, 
Citizenship, Refugees, Border Security, and International Law 
met in open session and ordered the bill H.R. 1312 favorably 
reported, by a vote of 7 to 5, a quorum being present. On 
October 24, 2007 and November 7, 2007, the Committee met in 
open session and on November 7, 2007, the Committee ordered the 
bill H.R. 1312 favorably reported with an amendment, by voice 
vote, a quorum being present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that the 
following rollcall votes occurred during the Committee's 
consideration of H.R. 1312.
    1. An amendment offered by Mr. King to limit the 
application of the premium processing provision of the bill to 
non-profit organizations with assets and revenue of less than 
$1 million. The amendment failed by a vote of 9 to 15.

                                                 ROLLCALL NO. 1
----------------------------------------------------------------------------------------------------------------
                                                                       Ayes            Nays           Present
----------------------------------------------------------------------------------------------------------------
Mr. Conyers, Jr., Chairman......................................                              X
Mr. Berman......................................................                              X
Mr. Boucher.....................................................
Mr. Nadler......................................................                              X
Mr. Scott.......................................................                              X
Mr. Watt........................................................
Ms. Lofgren.....................................................                              X
Ms. Jackson Lee.................................................                              X
Ms. Waters......................................................
Mr. Delahunt....................................................
Mr. Wexler......................................................
Ms. Sanchez.....................................................                              X
Mr. Cohen.......................................................                              X
Mr. Johnson.....................................................                              X
Ms. Sutton......................................................                              X
Mr. Gutierrez...................................................
Mr. Sherman.....................................................
Ms. Baldwin.....................................................
Mr. Weiner......................................................                              X
Mr. Schiff......................................................                              X
Mr. Davis.......................................................
Ms. Wasserman Schultz...........................................                              X
Mr. Ellison.....................................................                              X
Mr. Smith (Texas)...............................................              X
Mr. Sensenbrenner, Jr...........................................
Mr. Coble.......................................................
Mr. Gallegly....................................................
Mr. Goodlatte...................................................              X
Mr. Chabot......................................................
Mr. Lungren.....................................................                              X
Mr. Cannon......................................................              X
Mr. Keller......................................................              X
Mr. Issa........................................................
Mr. Pence.......................................................
Mr. Forbes......................................................              X
Mr. King........................................................              X
Mr. Feeney......................................................              X
Mr. Franks......................................................              X
Mr. Gohmert.....................................................
Mr. Jordan......................................................              X
                                                                 -----------------------------------------------
    Total.......................................................              9              15
----------------------------------------------------------------------------------------------------------------

    2. An amendment offered by Mr. King to limit the 
application of the premium processing provision of the bill to 
non-profit organizations with assets and revenue of less than 
$100 million. The amendment failed by a vote of 10 to 17.

                                                 ROLLCALL NO. 2
----------------------------------------------------------------------------------------------------------------
                                                                       Ayes            Nays           Present
----------------------------------------------------------------------------------------------------------------
Mr. Conyers, Jr., Chairman......................................                              X
Mr. Berman......................................................                              X
Mr. Boucher.....................................................
Mr. Nadler......................................................                              X
Mr. Scott.......................................................                              X
Mr. Watt........................................................                              X
Ms. Lofgren.....................................................                              X
Ms. Jackson Lee.................................................
Ms. Waters......................................................                              X
Mr. Delahunt....................................................                              X
Mr. Wexler......................................................                              X
Ms. Sanchez.....................................................                              X
Mr. Cohen.......................................................                              X
Mr. Johnson.....................................................
Ms. Sutton......................................................
Mr. Gutierrez...................................................
Mr. Sherman.....................................................                              X
Ms. Baldwin.....................................................
Mr. Weiner......................................................                              X
Mr. Schiff......................................................                              X
Mr. Davis.......................................................                              X
Ms. Wasserman Schultz...........................................
Mr. Ellison.....................................................
Mr. Smith (Texas)...............................................              X
Mr. Sensenbrenner, Jr...........................................
Mr. Coble.......................................................
Mr. Gallegly....................................................
Mr. Goodlatte...................................................              X
Mr. Chabot......................................................                              X
Mr. Lungren.....................................................                              X
Mr. Cannon......................................................              X
Mr. Keller......................................................              X
Mr. Issa........................................................              X
Mr. Pence.......................................................              X
Mr. Forbes......................................................              X
Mr. King........................................................              X
Mr. Feeney......................................................              X
Mr. Franks......................................................
Mr. Gohmert.....................................................
Mr. Jordan......................................................              X
                                                                 -----------------------------------------------
    Total.......................................................             10              17
----------------------------------------------------------------------------------------------------------------

    3. An amendment offered by Mr. King to limit the 
application of the premium processing provision of the bill to 
non-profit organizations with assets and revenue of less than 
$1 billion. The amendment failed by a vote of 12 to 18.

                                                 ROLLCALL NO. 3
----------------------------------------------------------------------------------------------------------------
                                                                       Ayes            Nays           Present
----------------------------------------------------------------------------------------------------------------
Mr. Conyers, Jr., Chairman......................................                              X
Mr. Berman......................................................                              X
Mr. Boucher.....................................................
Mr. Nadler......................................................                              X
Mr. Scott.......................................................                              X
Mr. Watt........................................................                              X
Ms. Lofgren.....................................................                              X
Ms. Jackson Lee.................................................
Ms. Waters......................................................                              X
Mr. Delahunt....................................................                              X
Mr. Wexler......................................................                              X
Ms. Sanchez.....................................................                              X
Mr. Cohen.......................................................                              X
Mr. Johnson.....................................................
Ms. Sutton......................................................                              X
Mr. Gutierrez...................................................
Mr. Sherman.....................................................                              X
Ms. Baldwin.....................................................
Mr. Weiner......................................................                              X
Mr. Schiff......................................................                              X
Mr. Davis.......................................................                              X
Ms. Wasserman Schultz...........................................
Mr. Ellison.....................................................
Mr. Smith (Texas)...............................................              X
Mr. Sensenbrenner, Jr...........................................              X
Mr. Coble.......................................................              X
Mr. Gallegly....................................................
Mr. Goodlatte...................................................              X
Mr. Chabot......................................................                              X
Mr. Lungren.....................................................                              X
Mr. Cannon......................................................              X
Mr. Keller......................................................              X
Mr. Issa........................................................              X
Mr. Pence.......................................................              X
Mr. Forbes......................................................              X
Mr. King........................................................              X
Mr. Feeney......................................................              X
Mr. Franks......................................................
Mr. Gohmert.....................................................
Mr. Jordan......................................................              X
                                                                 -----------------------------------------------
    Total.......................................................             12              18
----------------------------------------------------------------------------------------------------------------

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 1312, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, February 22, 2008.
Hon. John Conyers, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1312, the ``Arts 
Require Timely Service Act.''
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz, who can be reached at 226-2860.
            Sincerely,
                                           Peter R. Orszag,
                                                  Director.

Enclosure

cc:
        Honorable Lamar S. Smith.
        Ranking Member
H.R. 1312--Arts Require Timely Service Act.
    CBO estimates that implementing H.R. 1312 would have no 
significant cost to the Federal Government. Enacting the bill 
could affect direct spending, but CBO estimates that any such 
effects would not be significant in any year. H.R. 1312 would 
not affect revenues. The bill contains no intergovernmental or 
private-sector mandates as defined in the Unfunded Mandates 
Reform Act and would not affect the budgets of state, local, or 
tribal governments.
    Current law requires the Department of Homeland Security 
(DHS) to adjudicate petitions for nonimmigrant visas for 
certain types of artists and entertainers within 2 weeks of 
receiving a complete application. However, it takes DHS about 8 
weeks, on average, to do so. If petitioners pay a $1,000 fee 
for premium processing services, the department prioritizes 
those applications and completes its work within 15 days.
    H.R. 1312 would extend the time period for adjudicating 
petitions for certain types of artists and entertainers from 2 
weeks to 30 days. Under the bill, if DHS fails to process 
petitions filed on behalf of artists and entertainers by 
certain types of nonprofit arts organizations within 30 days, 
the department would then have to provide premium processing 
services for those applicants without charging the $1,000 fee.
    Enacting H.R. 1312 could reduce the collection of premium 
processing fees from nonprofit arts organizations. DHS does not 
track the number of nonprofit arts organizations that currently 
pay the premium processing fee. The decision to pay that fee is 
based on many variables, including the availability of foreign 
artists and entertainers to travel to the United States, 
changes in performance schedules, and other factors. Under H.R. 
1312, if organizations decline to pay the premium processing 
fee when they initially apply, they could wait up to 6 weeks 
(30 days, plus about 2 weeks for premium processing) for DHS to 
adjudicate the application. That schedule may take too long for 
many artists and entertainers, and CBO expects that any loss of 
premium processing fees under the bill (which would increase 
direct spending) would not be significant in any year.
    The CBO staff contact for this estimate is Mark Grabowicz, 
who can be reached at 226-2860. This estimate was approved by 
Theresa Gullo, Deputy Assistant Director for Budget Analysis.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, H.R. 
1312, as amended, is intended to reduce processing times for O 
and P visa petitions filed by nonprofit arts organizations to 
no more than 45 days from filing of a completed petition.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in article I, section 8, clause 4 of the 
Constitution.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 1312 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of Rule XXI.

                      Section-by-Section Analysis

    The following discussion describes the bill as reported by 
the Committee.
    Sec. 1. Short title. This section sets forth the short 
title of the bill as the ``Arts Require Timely Service (ARTS) 
Act.''
    Sec. 2. Expedited Adjudication of Employer Petitions for 
Aliens of Extraordinary Artistic Ability. This section amends 
section 214(c)(6)(D) of the Immigration and Nationality Act to 
require the Secretary of Homeland Security to adjudicate visa 
petitions filed on behalf of an alien with extraordinary 
ability in the arts in the O and P categories within 30 days of 
a completed petition being filed. In the case of a petition 
filed without meeting the consultation requirement, the 
petition must be adjudicated within 30 days of submission of a 
written advisory opinion or comment, or of a letter of no 
objection, or the expiration of the period in which such a 
submission would be timely, whichever is earliest. This section 
also provides that if such a petition is not adjudicated within 
those 30 days and the petitioner is a nonprofit arts 
organization, the Secretary must provide the petitioner with 
premium processing at no additional fee.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

                  SECTION 214 OF THE IMMIGRATION AND 
                            NATIONALITY ACT

                       ADMISSION OF NONIMMIGRANTS

  Sec. 214. (a) * * *

           *       *       *       *       *       *       *

  (c)(1) The question of importing any alien as a nonimmigrant 
under subparagraph (H), (L), (O), or (P)(i) of section 
101(a)(15) (excluding nonimmigrants under section 
101(a)(15)(H)(i)(b1)) in any specific case or specific cases 
shall be determined by the [Attorney General] Secretary of 
Homeland Security, after consultation with appropriate agencies 
of the Government, upon petition of the importing employer. 
Such petition shall be made and approved before the visa is 
granted. The petition shall be in such form and contain such 
information as the [Attorney General] Secretary of Homeland 
Security shall prescribe. The approval of such a petition shall 
not, of itself, be construed as establishing that the alien is 
a nonimmigrant. For purposes of this subsection with respect to 
nonimmigrants described in section 101(a)(15)(H)(ii)(a), the 
term ``appropriate agencies of Government'' means the 
Department of Labor and includes the Department of Agriculture. 
The provisions of section 218 shall apply to the question of 
importing any alien as a nonimmigrant under section 
101(a)(15)(H)(ii)(a).
  (2)(A) The [Attorney General] Secretary of Homeland Security 
shall provide for a procedure under which an importing employer 
which meets requirements established by the [Attorney General] 
Secretary of Homeland Security may file a blanket petition to 
import aliens as nonimmigrants described in section 
101(a)(15)(L) instead of filing individual petitions under 
paragraph (1) to import such aliens. Such procedure shall 
permit the expedited processing of visas for admission of 
aliens covered under such a petition.

           *       *       *       *       *       *       *

  (C) The [Attorney General] Secretary of Homeland Security 
shall provide a process for reviewing and acting upon petitions 
under this subsection with respect to nonimmigrants described 
in section 101(a)(15)(L) within 30 days after the date a 
completed petition has been filed.

           *       *       *       *       *       *       *

  (E) In the case of an alien spouse admitted under section 
101(a)(15)(L), who is accompanying or following to join a 
principal alien admitted under such section, the [Attorney 
General] Secretary of Homeland Security shall authorize the 
alien spouse to engage in employment in the United States and 
provide the spouse with an ``employment authorized'' 
endorsement or other appropriate work permit.

           *       *       *       *       *       *       *

  (3) The [Attorney General] Secretary of Homeland Security 
shall approve a petition--
          (A) * * *

           *       *       *       *       *       *       *

In the case of an alien seeking entry for a motion picture or 
television production, (i) any opinion under the previous 
sentence shall only be advisory, (ii) any such opinion that 
recommends denial must be in writing, (iii) in making the 
decision the [Attorney General] Secretary of Homeland Security 
shall consider the exigencies and scheduling of the production, 
and (iv) the [Attorney General] Secretary of Homeland Security 
shall append to the decision any such opinion. The [Attorney 
General] Secretary of Homeland Security shall provide by 
regulation for the waiver of the consultation requirement under 
subparagraph (A) in the case of aliens who have been admitted 
as nonimmigrants under section 101(a)(15)(O)(i) because of 
extraordinary ability in the arts and who seek readmission to 
perform similar services within 2 years after the date of a 
consultation under such subparagraph. Not later than 5 days 
after the date such a waiver is provided, the [Attorney 
General] Secretary of Homeland Security shall forward a copy of 
the petition and all supporting documentation to the national 
office of an appropriate labor organization.
  (4)(A)  * * *
  (B)(i)  * * *
  (ii) In the case of an entertainment group that is recognized 
nationally as being outstanding in its discipline for a 
sustained and substantial period of time, the [Attorney 
General] Secretary of Homeland Security may, in consideration 
of special circumstances, waive the international recognition 
requirement of clause (i)(I).
  (iii)(I) The one-year relationship requirement of clause 
(i)(II) shall not apply to 25 percent of the performers and 
entertainers in a group.
  (II) The [Attorney General] Secretary of Homeland Security 
may waive such one-year relationship requirement for an alien 
who because of illness or unanticipated and exigent 
circumstances replaces an essential member of the group and for 
an alien who augments the group by performing a critical role.

           *       *       *       *       *       *       *

  (C) A person may petition the [Attorney General] Secretary of 
Homeland Security for classification of an alien as a 
nonimmigrant under section 101(a)(15)(P).
  (D) The [Attorney General] Secretary of Homeland Security 
shall approve petitions under this subsection with respect to 
nonimmigrants described in clause (i) or (iii) of section 
101(a)(15)(P) only after consultation in accordance with 
paragraph (6).
  (E) The [Attorney General] Secretary of Homeland Security 
shall approve petitions under this subsection for nonimmigrants 
described in section 101(a)(15)(P)(ii) only after consultation 
with labor organizations representing artists and entertainers 
in the United States.

           *       *       *       *       *       *       *

  (5)(A)  * * *
  (B) In the case of an alien who is admitted to the United 
States in nonimmigrant status under section 101(a)(15)(O) or 
101(a)(15)(P) and whose employment terminates for reasons other 
than voluntary resignation, the employer whose offer of 
employment formed the basis of such nonimmigrant status and the 
petitioner are jointly and severally liable for the reasonable 
cost of return transportation of the alien abroad. The 
petitioner shall provide assurance satisfactory to the 
[Attorney General] Secretary of Homeland Security that the 
reasonable cost of that transportation will be provided.
  (6)(A) * * *
  (B) To meet the consultation requirements of subparagraph 
(A), unless the petitioner submits with the petition an 
advisory opinion from an appropriate labor organization, the 
[Attorney General] Secretary of Homeland Security shall forward 
a copy of the petition and all supporting documentation to the 
national office of an appropriate labor organization within 5 
days of the date of receipt of the petition. If there is a 
collective bargaining representative of an employer's employees 
in the occupational classification for which the alien is being 
sought, that representative shall be the appropriate labor 
organization.
  (C) In those cases in which a petitioner described in 
subparagraph (A) establishes that an appropriate peer group 
(including a labor organization) does not exist, the [Attorney 
General] Secretary of Homeland Security shall adjudicate the 
petition without requiring an advisory opinion.
  [(D) Any person] (D)(i) Except as provided in clause (ii), 
any person or organization receiving a copy of a petition 
described in subparagraph (A) and supporting documents shall 
have no more than 15 days following the date of receipt of such 
documents within which to submit a written advisory opinion or 
comment or to provide a letter of no objection. Once the 15-day 
period has expired and the petitioner has had an opportunity, 
where appropriate, to supply rebuttal evidence, the [Attorney 
General] Secretary of Homeland Security shall adjudicate such 
petition in no more than 14 days. The [Attorney General] 
Secretary of Homeland Security may shorten any specified time 
period for emergency reasons if no unreasonable burden would be 
thus imposed on any participant in the process.
  (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.
  (E)(i) The [Attorney General] Secretary of Homeland Security 
shall establish by regulation expedited consultation procedures 
in the case of nonimmigrant artists or entertainers described 
in section 101(a)(15)(O) or 101(a)(15)(P) to accommodate the 
exigencies and scheduling of a given production or event.
  (ii) The [Attorney General] Secretary of Homeland Security 
shall establish by regulation expedited consultation procedures 
in the case of nonimmigrant athletes described in section 
101(a)(15)(O)(i) or 101(a)(15)(P)(i) in the case of emergency 
circumstances (including trades during a season).
  (F) No consultation required under this subsection by the 
[Attorney General] Secretary of Homeland Security with a 
nongovernmental entity shall be construed as permitting the 
[Attorney General] Secretary of Homeland Security to delegate 
any authority under this subsection to such an entity. The 
[Attorney General] Secretary of Homeland Security shall give 
such weight to advisory opinions provided under this section as 
the [Attorney General] Secretary of Homeland Security 
determines, in his sole discretion, to be appropriate.
  (7) If a petition is filed and denied under this subsection, 
the [Attorney General] Secretary of Homeland Security shall 
notify the petitioner of the determination and the reasons for 
the denial and of the process by which the petitioner may 
appeal the determination.
  (8) The [Attorney General] Secretary of Homeland Security 
shall submit annually to the Committees on the Judiciary of the 
House of Representatives and of the Senate a report describing, 
with respect to petitions under each subcategory of 
subparagraphs (H), (O), (P), and (Q) of section 101(a)(15) the 
following:
          (A)  * * *

           *       *       *       *       *       *       *

  (9)(A) The [Attorney General] Secretary of Homeland Security 
shall impose a fee on an employer (excluding any employer that 
is a primary or secondary education institution, an institution 
of higher education, as defined in section 101(a) of the Higher 
Education Act of 1965 (20 U.S.C. 1001(a), a nonprofit entity 
related to or affiliated with any such institution, a nonprofit 
entity which engages in established curriculum-related clinical 
training of students registered at any such institution, a 
nonprofit research organization, or a governmental research 
organization) filing before a petition under paragraph (1)--
  (i)  * * *

           *       *       *       *       *       *       *


                                  
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