S.Amdt. 1355
What it does: Adds SEC. 9. EXPEDITED ADJUDICATION OF EMPLOYER PETITIONS FOR ALIENS WITH EXTRAORDINARY ARTISTIC ABILITY at the end of the bill
Sen. John F. Kerry (D-MA)What it changes
1 change to S. 1023 · shown in the bill's text
Adds SEC. 9. EXPEDITED ADJUDICATION OF EMPLOYER PETITIONS FOR ALIENS WITH EXTRAORDINARY ARTISTIC ABILITY at the end of the bill
Adds a sectionIn S. 1023 · Reported to Senate
"(b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Commerce for fiscal years 2010 through 2014 such sums as may be necessary to carry out this section.".
Inserted: SEC. 9. 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) Expedited Adjudication of Employer Petitions for Aliens With Extraordinary Artistic Ability.--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 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.".
Original wording
At the end of the bill, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 1355. Mr. KERRY (for himself, Mr. Hatch, and Mr. Schumer) submitted an amendment intended to be proposed by him to the bill S. 1023, to establish a non-profit corporation to communicate United States entry policies and otherwise promote leisure, business, and scholarly travel to the United States; which was ordered to lie on the table; as follows:
At the end of the bill, add the following:
SEC. 9. 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) Expedited Adjudication of Employer Petitions for Aliens With 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 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 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.”.
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Senate amendment submitted
June 22, 2009