Sec. 203. O visas
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The first sentence of section 214(n)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1184(n)(1) ) is amended— by striking section 101(a)(15)(H)(i)(b) and inserting subparagraphs (H)(i)(b) and (O)(i) of section 101(a)(15) ; and by inserting under such sections after new employment . Section 214(c)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c)(3) ) is amended— by striking Attorney General each place such term appears and inserting Secretary of Homeland Security ; and by striking the first two sentences of the matter that follows subparagraph
(B)and inserting the following: In the case of an alien seeking entry for a motion picture or television production,
(i)any opinion under the previous sentence shall only be advisory,
(ii)any such opinion that recommends denial must be in writing,
(iii)in making the decision the Secretary of Homeland Security shall consider the exigencies and scheduling of the production,
(iv)the Secretary of Homeland Security shall append to the decision any such opinion, and
(v)upon making the decision, the Secretary of Homeland Security shall immediately provide a copy of the decision to the consulting labor and management organizations. The Secretary of Homeland Security shall provide by regulation for the waiver of the consultation requirement under subparagraph
(A)in the case of aliens who have been admitted as nonimmigrants under section 101(a)(15)(O)(i) because of extraordinary ability in the arts or extraordinary achievement in motion picture or television production and who seek readmission to perform similar services within 3 years after the date of a consultation under such subparagraph provided that, in the case of aliens admitted because of extraordinary achievement in motion picture or television production, such waiver shall apply only if the prior consultations by the appropriate union and management organization were favorable or raised no objection to the approval of the petition. . The amendment made by paragraph
(1)shall take effect on the date of the enactment of this Act and shall apply to petitions filed under section 214(c) of the Immigration and Nationality Act ( 8 U.S.C. 1184(c) ) on or after such date and to consultation decisions made before, on, or after such date.
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