What it changes

1 change to H.R. 2638

Adds a section
  1. Adds SEC. __. EXPEDITED ADJUDICATION OF EMPLOYER PETITIONS FOR ALIENS WITH EXTRAORDINARY ARTISTIC ABILITY wherever appropriate

    Adds a section

    Inserted: SEC. __. EXPEDITED ADJUDICATION OF EMPLOYER PETITIONS FOR ALIENS WITH EXTRAORDINARY ARTISTIC ABILITY.

    Inserted: (a) Short Title.--This section may be cited as the "Arts Require Timely Service Act" or the "ARTS Act".

    Inserted: (b) Amendment.--Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended--

    Inserted: (1) by striking "Attorney General" each place it appears and inserting "Secretary of Homeland Security"; and

    Inserted: (2) in paragraph (6)(D)--

    Inserted: (A) by striking "(D) Any person" and inserting the following:

    Inserted: "(D)(i) Except as provided under clause (ii), any person"; and

    Inserted: (B) by adding at the end the following:

    Inserted: "(ii) The Secretary of Homeland Security shall adjudicate each petition for an alien who has 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--

    Inserted: "(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

    Inserted: "(II) the date on which the 15-day period described in clause (i) has expired, if the petitioner has had an appropriate opportunity to supply rebuttal evidence.

    Inserted: "(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.".

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    Original wording

    At the appropriate place, insert the following:

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As printed

SA 2523. Mr. KERRY (for himself and Mr. Hatch) submitted an amendment intended to be proposed by him to the bill H.R. 2638, making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2008, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

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

(a) Short Title.--This section may be cited as the “Arts Require Timely Service Act” or the “ARTS Act”.

(b) Amendment.--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 the following:

“(D)(i) Except as provided under 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 who has 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--

“(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 appropriate opportunity 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 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.”.

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Senate amendment submitted

July 26, 2007