Speech #1020086092

For the record. Mr. President. let me review the principal revisions our bill makes to the new 0 and P visa categories: First. we would repeal the proposed 25.000 ceiling. We then require the General Accounting Office to undertake a 2year study and report to Congress. The GAO will be required to determine the actual usage of these visas. and assess their impact upon the American labor force. while also providing information on barriers to the employment of U.S. citizens in these same occupations abroad. In undertaking this study. Mr. President. it is my intention to ask the GAO to review this issue in a very broad fashion. Our subcommittee is aware of the importance of encouraging the free and fair interchange of artists and cultural activity between nations. The new P2 visa provision for reciprocal arrangements between organizations in this country and in other lands underscores this interest. The purpose of these arrangements should be to open doors of opportunity for U.S. citizen and resident alien artists. entertainers and support personnel while welcoming such people from other countries. More should be done. Therefore. to assist the subcommittee. the GAO will study the employment opportunities of U.S. citizen and resident alien artists. entertainers and support personnel. the extent of nonimmigrant alien employment in these occupations and the impact of practices by other governments that may inhibit the ability of U.S. citizens and resident aliens to obtain employment in the arts. entertainment and supporting occupations. to have their art and skills embodied in audiovisual materials and sound recordings disseminated and enjoyed in other lands. and to earn fair compensation for their efforts abroad. This will allow Congress to consider the GAO report. as well as to receive the first report of the new Commission on Immigration Reform established in last years bill. That Commission is charged with reviewing all aspects of U.S. immigration law and policy. and the changes made by the 1990 act. including the nonimmigrant 0 and P visas. We believe this is a fair compromise between those who believe these nonimmigrant visas should be capped at some limit. and those who have argued that any ceiling is arbitrary and unnecessary. Second. we modify the requirement that P1 visas applicants must have a 1year association with the group he or she is entering with. As rigidly drawn last year. this requirement is unrealistic given the realities of the entertainment industry and the performing arts community. Our bill provides that the group should be together for a sustained and substantial period of time. but that all Its members need not be for emergency or other unforeseen reasons. Third. we clarify the consultation requirements to assure that where there is a union or collective bargaining representative from whom a petitioner has not sought an advisory opinion. it shall receive a copy of the petition and supporting documentation with an opportunity to comment before the Attorney General adjudicates the petition. Fourth. we extend the requirement for the return transportation for dismissed employees. as is now done for other nonimmigrant visa categories. If an employee is dismissed before the end of the period of his authorized admission. then the employer should pay reasonable costs for return transportation home. Fifth. we clarify the definition of extraordinary ability for 0 applicants. eliminate the 3month outofcountry rule for P applicants. create a special provision for the fashion modeling industry as a specialty occupation under the law. and clarify the nature and purpose of P3 applicants seeking to enter to perform culturally unique programs. These are obviously technical immigration provisions. but they have enormous consequences for the performing arts community. We believe these revisions represent a fair and satisfactory compromise between the interests of organized labor and the foreign artists. performers and athletes who come each year to the United States. bringing their talents. their art. their performances to share with American audiences. Finally. for the record. Mr. Presidentto clarify in more detail the revisions we are making to the new 0 and P visa categories--let me state the intent behind some of the statutory changes we are proposing. The first relates to the new standards for classification of P1 nonimmigrants in section (b) of our bill. The P1 visa category is for aliens who make an important contribution to the quality of a performance group that is recognized as being outstanding in more than one country. including the United States. Such international recognition is not earned easily. it reflects a consistently outstanding level of performance sustained over a substantial period during which time the group has been tested in a number of performances of varying material. Recognition for outstanding quality extends to the group itself and not to any particular entertainment. play. composition. or event the group may present.