Speech #1020120882

Mr. Speaker. this is a compromise measure that protects domestic artists from unfair foreign competition and at the same time guarantees that this country will continue to be enriched by the unique talents of artists and entertainers from abroad. By way of background. the Immigration Act of 1990Public Law 101649created a number of new nonimmigrant visa categories. Two of these new visa categories. however. were inartfully conceived and poorly drawnthe "0" and "P" visa categories. Each category authorizes the temporary admission of certain highly skilled foreigners. Generally speaking. the 0 category is reserved for aliens who have reached the very top of their profession in the sciences. business. education. athletics. or the arts. The P category differs from the 0 category not only with respect to the categories of aliens covered but also with respect to the degree of acclaim or skill an individual must have in order to qualify for a visa. Both the 0 and the P categories have subcategories. During the past year. the Subcommittee on International Law. Immigration. and Refugees received numerous letters from representatives of arts groups--profit and nonprofit theaters. opera. symphony orchestras. dance groups. performing arts centers. and even circusesexpressing fears. which I share. that the new 0 and P visa categories would severely and unduly restrict the numbers and types of foreign artists entering the United States. Similarly. the Cultural Council of the European Community formally issued a resolution of objection regarding the new visa categories. On October 9. the Subcommittee on International Law. Immigration. and Refugees. which I am honored to chair. held a hearing on this bill. The testimony we received from the administration. labor unions. and arts presenters was extremely helpful in helping us craft the bill now before us. Turning to the substance of the bill. some of its more important features are as follows: First. current law imposes a 25.000 annual cap on the number of aliens who may receive P1 and P3 visas. the bill allows admission of all qualified P1 and P3 aliens. Second. current law requires that all members of a P1 entertainment group have at least 1 years experience with that group. the bill establishes a general rule that the 1year requirement shall apply. but allows for exceptions. automatically waives the 1year requirement for 25 percent of the members of the group. and provides an additional waiver of the 1year rule whenever a group member must be replaced because of exigent circumstances. Third. current law requires that P1 alien groups be internationally recognized. the bill allows waiver of the international recognition standard in special circumstances. Fourth. current law requires that P2 and P3 aliens must remain outside the United States for at least 3 months before they can be readmitted. the bill allows for immediate readmission of otherwise qualified persons. Fifth. current law establishes no procedures for the expedited admission of O and P artists. entertainers and athletes who face exigent circumstances. the bill directs the Immigration Service to establish such expedited admission procedures. Sixth. current law imposes a requirement of extraordinary ability on 01 artist and entertainers. the bill relaxes the extraordinary ability requirement by requiring instead distinction. Seventh. current law requires INS to make a finding in each case that an 01 aliens admission will benefit the United Stater- the bill deletes that requirement.