NEW CLASSIFICATION FOR ALIENS WITH EXTRAORDINARY ABILITY, ACCOMPANYING ALIENS, AND ATHLETES AND ENTERTAINERS (O & P NONIMMIGRANTS).

SEC. 207. NEW CLASSIFICATION FOR ALIENS WITH EXTRAORDINARY ABILITY, ACCOMPANYING ALIENS, AND ATHLETES AND ENTERTAINERS (O & P NONIMMIGRANTS). (a) In General.— Section 101(a)(15) (8 U.S.C. 1101(a)(15)) is amended— (1) by striking “or” at the end of subparagraph (M), (2) by striking the period at the end of subparagraph (N) and inserting a semicolon, and (3) by adding at the end the following new subparagraphs: “(O) an alien who— “(i) has extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim or, with regard to motion picture and television productions a demonstrated record of extraordinary achievement, and whose achievements have been recognized in the field through extensive documentation, and seeks to enter the United104 STAT. 5024 States to continue work in the area of extraordinary ability, but only if the Attorney General determines that the alien’s entry into the United States will substantially benefit prospectively the United States; or “(ii) (I) seeks to enter the United States temporarily and solely for the purpose of accompanying and assisting in the artistic or athletic performance by an alien who is admitted under clause (i) for a specific event or events, “(II) is an integral part of such actual performance, “(III) (a) has critical skills and experience with such alien which are not of a general nature and which cannot be performed by other individuals, or (b) in the case of a motion picture or television production, has skills and experience with such alien which are not of a general nature and which are critical either based on a preexisting longstanding working relationship or, with respect to the specific production, because significant principal photography will take place both inside and outside the United States and the continuing participation of the alien is essential to the successful completion of the production, and “(IV) has a foreign residence which the alien has no intention of abandoning; or “(iii) is the alien spouse or child of an alien described in clause (i) or (ii) and is accompanying, or following to join, the alien; or “(P) an alien having a foreign residence which the alien has no intention of abandoning who— “(i) (I) performs as an athlete, individually or as part of a group or team, at an internationally recognized level of performance, or performs as part of an entertainment group that has been recognized internationally as being outstanding in the discipline for a sustained and substantial period of time and has had a sustained and substantial relationship with that group over a period of at least 1 year and provides functions integral to the performance of the group, and “(II) seeks to enter the United States temporarily and solely for the purpose of performing as such an athlete or entertainer with respect to a specific athletic competition or performance; “(ii) (I) performs as an artist or entertainer, individually or as part of a group, or is an integral part of the performance of such a group, and “(II) seeks to enter the United States temporarily and solely for the purpose of performing as such an artist or entertainer or with such a group under a reciprocal exchange program which is between an organization or organizations in the United States and an organization in one or more foreign states and which provides for the temporary exchange of artists and entertainers, or groups of artists and entertainers, between the United States and the foreign states involved; “(iii) (I) performs as an artist or entertainer, individually or as part of a group, or is an integral part of the performance of such a group, and “(II) seeks to enter the United States temporarily and solely for the purpose of performing as such an artist or104 STAT. 5025 entertainer or with such a group under a program that is culturally unique; or “(iv) is the spouse or child of an alien described in clause (i), (ii), or (iii) and is accompanying, or following to join, the alien.”. (b) Periods of Admission, Etc.— Section 214 (8 U.S.C. 1184) is amended— (1) in subsection (a), by inserting “(1)” after “(a)” and by adding at the end the following new paragraph: “(2) (A) The period of authorized status as a nonimmigrant under section 101(a)(15)(O) shall be for such period as the Attorney General may specify in order to provide for the event for which the non-immigrant is admitted. “(B) (i) The period of authorized status as a nonimmigrant described in section 101(a)(15)(P) shall be for such period as the Attorney General may specify in order to provide for the competition, event, or performance for which the nonimmigrant is admitted. In the case of nonimmigrants admitted as individual athletes under section 101(a)(15)(P), the period of authorized status may be for an initial period (not to exceed 5 years) during which the nonimmigrant will perform as an athlete and such period may be extended by the Attorney General for an additional period of up to 5 years. “(ii) An alien who is admitted as a nonimmigrant under clause (ii) or (iii) of section 101(a)(15)(P) may not be readmitted as such a nonimmigrant unless the alien has remained outside the United States for at least 3 months after the date of the most recent admission. The Attorney General may waive the application of the previous sentence in the case of individual tours in which the application would work an undue hardship.”; and (2) in subsection (c), as amended by section 206(b)— (A) in paragraph (1), by striking “or (L)” and inserting “, (L), (O), or (P)(i)”, and (B) by adding at the end the following new paragraphs: “(3) The Attorney General shall approve a petition— “(A) with respect to a nonimmigrant described in section 101(a)(15)(O)(i) only after consultation with peer groups in the area of the alien’s ability or, with respect to aliens seeking entry for a motion picture or television production, after consultation with the appropriate union representing the alien’s occupational peers and a management organization in the area of the alien’s ability, or “(B) with respect to a nonimmigrant described in section 101(a)(15)(O)(ii) after consultation with labor organizations with expertise in the skill area involved. 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 shall consider the exigencies and scheduling of the production, and (iv) the Attorney General shall append to the decision any such opinion. “(4) (A) A person may petition the Attorney General for classification of an alien as a nonimmigrant under clause (ii) of section 101(a)(15)(P). “(B) The Attorney General 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 with labor104 STAT. 5026 organizations with expertise in the specific field of athletics or entertainment involved. “(C) The Attorney General 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, in order to assure reciprocity in fact with foreign states. “(5) In the case of an alien who is provided nonimmigrant status under section 101(a)(15)(H)(i)(b) or 101(H)(ii)(b) and who is dismissed from employment by the employer before the end of the period of authorized admission, the employer shall be liable for the reasonable costs of return transportation of the alien abroad. “(6) If a petition is filed and denied under this subsection, the Attorney General 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.”. (c) Work Authorization During Pending Labor Disputes.— (1) In the case of an alien admitted as a nonimmigrant (other than under section 101(a)(15)(H)(ii)(a)) and who is authorized to be employed in an occupation, if nonimmigrants constitute a majority of the members of the bargaining unit in the occupation, during the period of any strike or lockout in the occupation with the employer which strike or lockout is pending on the date of the enactment of this Act the alien— (A) continues to be authorized to be employed in the occupation for that employer, and (B) is authorized to be employed in any occupation for any other employer so long as such strike or lockout continues with respect to that occupation and employer. (2) In the case of an alien admitted as a nonimmigrant (other than under section 101(a)(15)(H)(ii)(a)) and who is authorized to be employed in an occupation, if nonimmigrants do not constitute a majority of the members of the bargaining unit in the occupation, during the period of any strike or lockout in the occupation with the employer which strike or lockout is pending on the date of the enactment of this Act the alien— (A) is not authorized to be employed in the occupation for that employer, and (B) is authorized to be employed in any occupation for any other employer so long as there is no strike or lockout with respect to that occupation and employer. (3) With respect to a nonimmigrant described in paragraph (1) or (2) who does not perform unauthorized employment, any limit on the period of authorized stay shall be extended by the period of the strike or lockout, except that any such extension may not continue beyond the maximum authorized period of stay. (4) The provisions of this subsection shall take effect on the date of the enactment of this Act.