S. 1443 – Reading Mode

109th CONGRESS

1st Session

S. 1443

IN THE SENATE OF THE UNITED STATES

July 21, 2005

Ms. Collins (for herself and Mr. Lieberman) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To permit athletes to receive nonimmigrant alien status under certain conditions, and for other purposes.

Nonimmigrant alien status for certain athletes

Section 214(c)(4)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(4)(A)) is amended by striking clauses (i) and (ii) and inserting the following:

(i)(I)

performs as an athlete, individually or as part of a group or team, at an internationally recognized level of performance,

(II)

is a professional athlete, as defined in section 204(i)(2),

(III)

performs as an athlete, or as a coach, as part of a team or franchise that is located in the United States and a member of a foreign league or association of 15 or more amateur sports teams, if—

(aa)

the foreign league or association is the highest level of amateur performance of that sport in the relevant foreign country,

(bb)

participation in such league or association renders players ineligible, whether on a temporary or permanent basis, to earn a scholarship in, or participate in, that sport at a college or university in the United States under the rules of the National Collegiate Athletic Association (NCAA), and

(cc)

a significant number of the individuals who play in such league or association are drafted by a major sports league or a minor league affiliate of such a sports league, or

(IV)

is a professional athlete or amateur athlete who performs individually or as part of a group in a theatrical ice skating production, and

(ii)

seeks to enter the United States temporarily and solely for the purpose of performing—

(I)

as such an athlete with respect to a specific athletic competition, or

(II)

in the case of an individual described in clause (i)(IV), in a specific theatrical ice skating production or tour.

Advisory opinions

Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)) is amended—

(1)

in paragraph (4)(D), by inserting (other than with respect to aliens seeking entry under subclause (II), (III), or (IV) of subparagraph (A)(i) of this paragraph), after 101(a)(15)(P); and

(2)

in paragraph (6)(A)(iii), by inserting (other than with respect to aliens seeking entry under subclause (II), (III), or (IV) of paragraph (4)(A)(i)) after 101(a)(15)(P)(i).

Petitions for multiple aliens

Section 214(c)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(4)) is amended by adding at the end the following new paragraph:

(F)

The Secretary of Homeland Security shall permit a petition under this subsection to seek classification of more than one alien as a nonimmigrant under section 101(a)(15)(P)(i)(a). The fee charged for such a petition may not be more than the fee charged for a petition seeking classification of one such alien.

Relationship to other provisions of the Immigration and Nationality Act

Section 214(c)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(4)), as amended by section 3, is further amended by adding at the end the following new paragraph:

(G)

Notwithstanding any other provision of this title, the Secretary of Homeland Security shall permit an athlete, or the employer of an athlete, to seek admission to the United States for such athlete under a provision of this Act other than section 101(a)(15)(P)(i).

Technical and conforming amendments

Section 214(c)(4) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(4)) is amended by striking Attorney General each place it appears and inserting Secretary of Homeland Security.