S. 1409 – Reading Mode

111th CONGRESS

1st Session

S. 1409

IN THE SENATE OF THE UNITED STATES

July 8, 2009

Mr. Kerry (for himself and Mr. Hatch) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL

To expedite the adjudication of employer petitions for aliens with extraordinary artistic ability.

Short title

This Act may be cited as the Arts Require Timely Service Act or the ARTS Act.

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.