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Greg Siskind on Immigration Law and Policy

30 DAY O-1 PROCESSING BILL PASSES IN HOUSE JUDICIARY COMMITTEE

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HR 1312, a bill that mandates O-1 visas be adjudicated in 30 days or
less (or be automatically converted at no cost to the applicant to
premium processing), has passed the House. The bill also mandates USCIS
adjudicate a premium-processed case within 30 days of documentation
being supplied in response to a request for evidence.




S.2178 is the Senate version of the bill. It was introduced by Senator
John Kerry (D-MA) last October, but has not been heard in committee
yet.



The bill reads as follows:

AN ACT



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



      Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,



SECTION 1. SHORT TITLE.



      This Act may be cited as the `Arts Require Timely Service (ARTS) Act'.



SEC. 2. EXPEDITED ADJUDICATION OF EMPLOYER PETITIONS FOR ALIENS OF 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' and inserting `(D)(i) Any';



                  (B) by striking `Once the' and inserting `Except as provided in clause (ii), once the'; and



                  (C) by adding at the end the following:




`(ii) The Secretary of Homeland Security shall adjudicate each petition
for an alien with 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) (other than an alien described
in section 214(c)(4)(A) (relating to athletes)) 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 opportunity, as appropriate, 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.'.



Passed the House of Representatives April 1, 2008.



Attest:



Clerk.

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Comments

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  1. artists yahooo...?'s Avatar

    So even the O1 premium process would be restricted to artists???
    Performers, entratainers?

    Extraordinary ability in the sciences continues to count for nothing. This is a sop to sportsmen and performers.
    NSC is no longer even touching EB1 and NIW applications, I-140 applications from December 2006 are still pending.
    Are you listening Senator?
  2. George Chell's Avatar
    Seems to me that the racists at CIS and FAIR will not oppose this as most of these folks are white foreign actors bound for Hollywood. Scientific ability is a different story. Most are not white (mostly from Asia) or they happen to be Jewish. By the way what is extraordinary ability in arts and drama? White skin, blonde hair and Blue eyes, ie., Charlize Theron or Poppy Montgomerry? Or is it folks like Sturgess who displace Asian American actors and get leading roles in movies such as 21 which is a historic event involving mostly Asian Americans? Well as far as racists such as Kirkorian and Stein are concerned white foreign actors displacing Asian Americans is just fine.
  3. BeeDee's Avatar
    Since they want premium processing for all O-1s, USCIS should just raise the cost of the application by an additional $1000. Doing so would be similar to progressive taxation where the people who benefit the most and make the most money pay the highest taxes.
  4. Me_Scientist's Avatar
    No wonder this Economy is in a downturn, we need Scientists, Researchers, Healthcare Professionals and IT Workers, Sen. John Kerry. It only proves that your obsessed in the movies, no wonder the American People didnt vote you for President. Why not make a Bill that enables these Scientists,Researchers, Healthcare Professionals and IT Workers, to enter the country and be able to work right away in improving the economy and contributing to the greatness of this nation! (and not some Popcorn mentality)
  5. Legal and no longer waiting's Avatar
    Well, for some, apparently, no new immigration legislation is good unless it benefits them personally.
  6. b's Avatar
    "Well, for some, apparently, no new immigration legislation is good unless it benefits them personally."

    Yeah thats sad but true of some crazy CIR supporters who say give CIR or no immigration reform. Confusing though why these same CIR supporters that do not want piece meal immigration reform support a stand alone DREAM act. The contradiction beats me.
  7. Legal and no longer waiting's Avatar
    Yes, horrible, horrible people. First, they want to overhaul the whole system, and support the CIR. Then, they drop their position, and start supporting random acts of immigration kindness. They are obvious a joke.

    The other side there people with strong position, which is much-much more consistent. First - no overhaul, no CIR, it is not worth it. We should be for piece-meal immigration improvements. But when small immigration bills come up, those are of course all wrong, and should not be supported. Unless they benefit people in the "no CIR" camp personally. Very consistent.
  8. BeeDee's Avatar
    "Well, for some, apparently, no new immigration legislation is good unless it benefits them personally."

    No, my viewpoint is that no immigration legislation is good enough as long as it doesn't impact me personally :-). Providing free premium processing to one class of immigrants means that another class of immigrants will foot the bill.

  9. b's Avatar
    "But when small immigration bills come up, those are of course all wrong, and should not be supported."

    So, LNLW are you either give CIR or no way type? Or do you support even non-CIR immigration reforms because it helps some people though you might not benefit from it personally.
  10. George Chell's Avatar
    "No wonder this Economy is in a downturn, we need Scientists, Researchers, Healthcare Professionals and IT Workers, Sen. John Kerry. It only proves that your obsessed in the movies, no wonder the American People didnt vote you for President. Why not make a Bill that enables these Scientists,Researchers, Healthcare Professionals and IT Workers, to enter the country and be able to work right away in improving the economy and contributing to the greatness of this nation! (and not some Popcorn mentality)"

    As I said, they need blonde blue eyed (defined as exceptional) actors to displace Asian American actors in Hollywood in movies such as 21...Kirkorian and Stein have no problem with this and hence you wont see them complaining. After all the visa is doing what they think is exceptional..blonde and blue eyed.

    I am afraid that corporations will use the recession to move more jobs abroad (whether they transfer Americans abroad is a open question). They did it in 1992 and 2002 and it is going to happen again in 2008 and 2009. Whether they transfer Americans abroad or not, the net result would be lower social security taxes and lower tax receipts and higher borrowing from countries where the jobs were transferred to.

  11. Legal and no longer waiting's Avatar
    "Providing free premium processing to one class of immigrants means that another class of immigrants will foot the bill."

    And that's why you are against that law? Thanks for sending the USCIS a clear message that EB immigrants do not want to hold the USCIS accountable for failing to act on petitions on time.
  12. Sid's Avatar
    "Thanks for sending the USCIS a clear message that EB immigrants do not want to hold the USCIS accountable for failing to act on petitions on time."

    I don't think BeeDee is the spokesperson for the entire EB community. I can't speak for everyone either, but some of us will be happy if this goes through.
  13. Geroge Chell's Avatar
    O Visa premium recipients...

    "Ultimately, this meant passing over many Asian-American talents in favor of London-born Jim Sturgess, who required a dialect coach to speak American English."

    http://en.wikipedia.org/wiki/21_(2008_film)

    As I said define exceptional talent.
  14. Legal and no longer waiting's Avatar
    Sid, I am aware that some of us are happy. I was teasing. Somehow Bee thinks he can sell a lame excuse as a valid reason. Nope, I don't think he conviced anyone including himself.
  15. LNLW yahooo...!'s Avatar
    LNLW:

    There is no need for constant hysterical reactions.
    People are frustrated. When they see inane moves that benefit a tiny priveleged minority while everything else is simply blocked- they will vent frustration. Does not mean they oppose change. You should note the follwoing:
    There are two types of O1, the only difference is that one is for arts and the other sciences. The senators actually chose to cherry pick arts instead of just passing a bill for all O1. Any good reason your brilliant and all sympatheitic intellect can summon for it?
    Note also that it passed the Judiciary Committee- with Sessions and Durbin voting. The same darling Durbin that has vowed not to let any immigration bill on the floor till DREAM passes.

    Maybe he loves the movies? sports? theater? gasp...money???
  16. George Chell's Avatar
    "Note also that it passed the Judiciary Committee- with Sessions and Durbin voting."

    May be Sessions, Vitter and DeMint are ok with it because white foreign actors are displacing non-white Americans, particularly Asian Americans as in 21. May be they want the nostalgia of times gone by when blacks were kept in their place and Asian roles were paid by whites in yellowface. May be that is why no complaints from racists such as Kerkorian, Camarotta or Stein.


  17. b's Avatar
    "Sid, I am aware that some of us are happy."

    I hope you remembered to count yourself in the "us" of EB. Because you sound like a either CIR or no way kind of a person most of the time.
  18. BeeDee's Avatar
    "Thanks for sending the USCIS a clear message that EB immigrants do not want to hold the USCIS accountable for failing to act on petitions on time."

    No message intended here. Here's an article that clarifies the issue. Note that premium processing is already available for these cases, but folks are complaining that the $1000 fee is too much.

    But then isn't this supposed to be extraordinary talent that should be paid as such and therefore have no issues paying up the $1000 fee? If a $1000 fee is too much, then this is just cheap labor - and why are members like Durbin supporting one type of cheap labor and not another?

    http://www.nytimes.com/2008/04/03/arts/03visa.html?_r=1&oref=slogin
  19. Legal and no longer waiting's Avatar
    "Any good reason your brilliant and all sympatheitic intellect can summon for it?"

    In fact, it does. It's called baby steps. They have to start somewhere. If you can get Sessions to vote for the bill, you can get anyone to vote for the bill. Is it cherry picking? Absolutely. Is it racist? Maybe. Is helping the overall cause? Yes, and that's the bottom line.

    Remember, the last helpful immigration bill was signed into law by Bill Clinton. Something is better than nothing. Baby steps - they lead to bigger steps. This is why I do not understand why some people would rather take nothing than someone else being helped.
  20. Legal and no longer waiting's Avatar
    "Note that premium processing is already available for these cases, but folks are complaining that the $1000 fee is too much."

    So, if there is premium processing available, the USCIS does not have any obligation to take timely action on regular peitition - is that what you are trying to say? Thanks for confirming my message - you don't think that the USCIS should be held responsible to timely action on petitions. You also appear to have nothing better to do than count money in someone else's pocket.
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