(h) Temporary workers.

(1) General. The regulations at 8 CFR 214.2(h) specify the requirements for temporary classification as an H-1 (alien of distinguished merit and ability), H-2A(agricultural worker), H-2B (alien to perform nonagricultural services of labor), or an H-3 (trainee) nonimmigrant. The regulations contain special requirements for H-2A agricultural workers which will be fully incorporated into these Operations Instructions at a later date. The other provisions in these regulations apply to H-2A workers only to the extent that they do not conflict with these s pecial requirements.

(2) Filing of petitions.

(i) Where filed. A petition to classify a worker under section 101(a)(15)(H) of the Act must be filed with the service center which has jurisdiction over H petitions in the area of intended employment, except in emergent situations. The regulations provided that, in emergent situations, a district director may accept and adjudicate a clearly approvable H petition for employment only in his or her jurisdiction. In such a case, the district officer must obtain a file number from the service center after disposition for records retention. The service centers do not have jurisdictio n over petition filed in Guam or the Virgin Islands, or in special filing situations, such as petitions for Canadian woodsmen. Such petitions are filed with the local district office or a designated INS office.

(ii) Who can file. Although the statute requires the employer to file an H petition, the Service allows others to file for the employer to accommodate some situations.

(A) H-1 petition. A.U.S. employer, a foreign employer, or an established agent, where appropriate may file the petition.

(B) H-2A petition. A.U.S. employer, the employer's agent, or the Association of U.S. Agricultural Producers named as a joint employer may file the petition.

(C) H-2B petition. A.U.S. employer, an established agent, where appropriate, or a person who represents a foreign employer, has a location in the United States, and has hiring authority, may file the petition.

(D) H-3 petition. A.U.S. employer must file the petition.

(iii) Services in more than one location. Most petitions which involve services in more than one location will be for short-term employment in the arts, cultural, or entertainment filed, but can be in other fields. Such petitions are usually filed by an agent who is representing numerous employers in various locations, or by one employer which has work to be performed by the beneficiary in more than one location. A detailed itinerary is required to accompany the petition. The procedure where each employer mus t file a separate petition in order for the alien to work part-time for multiple employers doe not apply in petitions filed by agents.

(iv) Amended petition. An amended petition requires the same filing fee as a new petition. Because the amended petition supplements the original petition, documentation does not have to be duplicated in the amended petition.

(v) Agents as petitioners. As established agent, for purposes of filing an H petition, is a person who or an agency which is in business as an agent and regularly acts on behalf of its clients to arrange employment opportunities. Petitions filed by agents will usually be for employers and beneficiaries in the arts, cultural, entertainment, and professional sports fields, and involve short-term employment. As the petitioner, the agent is acting on behalf of multiple employers and the beneficiary(ies).

Whenever the beneficiary(ies) will be employed by a single employer, the actual employer(s) must file the petition. The Service reserves the right to require information from the actual employers and beneficiary(ies). The itinerary of firm engagements provided by the agent is acceptable in lieu of signed contracts, unless the examiner has reason to believe the statements are not true and correct. However, the examiner should request any additional information from the petitioning agent. Speculative empl oyment should not be included in an itinerary. When the agent, such as a modeling agency, is functioning as the employer, a contract between the agency and the alien, guaranteeing the wages and conditions of employment, must accompany the petition.

(vi) Named beneficiaries. Nonagricultural H petitions must identify the beneficiary(ies) by name and other information required on Form I-129H, except in emergent situations involving multiple H-2B aliens.

(A) Emergent situations. The decision not to require names in an emergent situation is a discretionary one which the director must make. The petitioner's inability to provide names at the time the petition is adjudicated should be due to circumstances which the petitioner could not anticipate or could not control. The names and evidence that the aliens meet the requirements of the labor certification must be provided by the petitioner to the port of entry or the consular officer prior to their admission at a port of entry or application for a visa.

(B) Multiple petitions using the same labor certification. The petitioner may file multiple petitions at different times as the names of aliens become known, and use copies of the same labor certification until all of the positions covered by the labor certification have been filled. Each subsequent petition must refer to the petition number of all previously file petitions using that labor certification, if available to the petitioner.

(3) Petition for an alien of distinguished merit and ability (H-1).

(i) Interpretation of distinguished merit and ability. To be accorded H-1 classification as an alien of distinguished merit and ability, the alien must be a member of the professions or the alien must be prominent in his or her field of endeavor. In addition, the services to be performed in the United States must require the services of a professional or alien of prominence. The regulations at Sec. 214.2(h)(3) provide specific criteria for determining the alien's eligibility for H-I classification under each category. In addition, the regulations prescribe the types and amounts of evidence which petitioners must provide to establish eligibility. The burden is on the petitioner to establish eligibility in all respects.

(A) Effect of a prior H-I approval. Evidence of prior H-I approvals as a form of documentation on a subsequent new petition has been eliminated because it cannot serve as the basis for future eligibility. Knowledge of prior approval of an H-I petition can be helpful to the Service when considered along with other indicators of H-I eligibility. A prior approval, however does not obligate the Service to approve a subsequent petition or relieve the petitioner of providing sufficient documentation to establish c urrent eligibility.

(B) Categories of H-I classification. An alien may qualify for H-I classification under five different categories (professional, national or international acclaim and recognition, unique or traditional artist, exceptional career achievement in business, and accompanying alien). Form I-12911 allows the employer to check the category(ies) under which H-I classification is being sought. If H-I classification cannot be granted under a category requested, the examiner should determine whether the evidence qualifi es the alien under any other H-I category. If so, the petition should be adjudicated under the approvable category. The approval notice should specify the H-I category under which the petition was approved.

(ii) Members of the professions.

(A) Professional occupations. A professional occupation requires attainment of a baccalaureate or higher degree or its equivalent in a specialized field of study as the minimum requirement for entry into the occupation in the United States. When the petitioner is seeking H-I classification for an alien as a professional and the occupation is not recognizable by the examiner as a profession, the petitioner may be requested to provide evidence that the occupation is a profession. The evidence should be evaluat ed under the regulation's criteria for determining whether a position is a profession. It is the responsibility of the petitioner can do so by showing one or more of the following.

(1) that the particular position is so unique, specialized, and/or complex that it can only be held by a member of the professions and requires abilities beyond industry standards.

(2) that the position has developed over time to the point where it now normally requires a degree for entry.

(3) that a degree has been required consistently for the position in its organization;

(4) that the employ's duties will involve significant supervision and quality review over the work of members of the professions, and credentials as a professional are required of the employee; or

(5) that the employee will exercise considerable autonomy in a specialized professional field.

(B) Documentation required for a member of the professions. The Service will accord H-I classification to an alien as a professional if the petitioner provides evidence that he or she meets one of the following criteria:

(1) U.S. Baccalaureate or higher degree. The petitioner may provide a certified copy of the alien's degree, transcript, or official confirmation of the issuance of a degree in the profession from an accredited college or university in the United States.

(2) Foreign baccalaureate or higher degree. Evidence that the foreign degree is equivalent to a U.S. degree in the profession may be required. The petitioner may provide evidence, such as the alien's foreign degree, transcripts, an evaluation from reputable credentials evaluation services, or evidence that the alien has been accepted into a graduate-level program in an accredited U.S. college or university.

(3) State licensure. The petitioner must provide a certified copy of the alien's valid state license, certification, or registration to practice the profession. A permanent or temporary license, certification, or registration is acceptable (See special requirements for professional nurses). When the alien has a temporary license, the approval period of the petition and/or extension of stay application cannot exceed the validity period of the temporary license.

(4) Education, training, and experience equivalent to training acquired by attainment of a degree. This criterion requires an evaluation of the alien's education, training, and/or experience and a determination of equivalency by a recognized authority, or by the Service. The regulations require the alien to do demonstrate that he or she has sufficient education, specialized training possessed by a person who has a degree in the profession,and to have attained professional standing.

(i) Determination of equivalency. The regulations provide several options from which the petitioner and alien can select one or more ways to show that the alien has training equivalent to that acquired by obtaining a degree. The regulations list four authoritative sources whose independent evaluations, if credible and reliable, will be accepted by the Service. The Service will not specify the documentation or methods which the authoritative sources shall use in making their evaluation. Where an evaluation do es not appear to be credible or reliable, the examiner should question the evaluation and explain the specific reasons in a transfer out or a notice of intent to deny. The requirements which the Service will use to make determinations of equivalency should not be imposed on the evaluations of authoritative sources.

(ii) Equivalency by authoritative sources. A person or organization which is listed as an authoritative source must supply the information required of a recognized authority as defined in Sec. 214.2(h)(3)(ii)(E).

(A) An evaluation by an official who has authority to grant college-level credit in the profession at an accredited college or university which training and/or work experience. The service does not require the alien to be enrolled in a program for college credit at the university in order to accept the evaluation of such an expert. The official must be formally involved with the college or university's official program for granting credit based on training and/or experience to have the required authority and expertise to make such evaluations. The evaluation may be done in the official's name as an individual, or as an authorized representative of the college or university.

(B) Results of recognized college-level equivalency examinations or special credit programs,such as the College Level Examination Program (CLEP), or Program on Noncollegiate Sponsored Instruction (PONSI). Results of such programs must be translated into college credits by an authoritative source in the particular program or by an authorized official from an accredited college or university, such as the registrar, in order for the results to be applied towards the degree requirement.

(C) Evaluation of education by a reliable credentials evaluation service which specializes in evaluating foreign educational credentials. The Service will only accept evaluations of foreign academic education or vocational or technical training provided in a structured classroom setting from credentials evaluations services. In no case will the Service accept their evaluation of work experience, including apprenticeships and/or practical training.

(D) Evidence of certification or registration from a nationally-recognized professional association or society for the profession that is known to grant certification or registration to members of the profession who have achieved a certain level of competence in the profession. Membership in a professional association is insufficient evidence of equivalency. An association which grants certification or registration in the profession should have an accrediting body which has standards for the profession, and which issues an official document to applicants verifying that they have been awarded professional credentials in the profession.

(iii) Equivalency by the Service. A Service examiner should evaluate education, training, and work experience to determine equivalency only when the evidence submitted shows that an authoritative source has not been used to determine equivalency,or when the petitioner is requesting an evaluation by the Service in conjunction with a determination by an authoritative source.

(A) College-level education. The petitioner may establish from an authoritative source noted above, or from transcripts, certificates, or other such school records that the alien has college-level education. College-level training may have been acquired at a college or university or other academic institution which grants a degree, diploma, or certificate, such as a technical college.

(B) Specialized training. Specialized training may have been acquired through an apprenticeship program, employee-sponsored training courses, vocational training schools,or other commercial training facilities. The starting and ending dates of all training in the field must be shown. Training certificates and an outline or summary of the curriculum should be submitted.

(C) Professional-level experience. Only the alien's progressively responsible work experience directly related to the profession and professional-level experience may be credited towards this requirement. The experience must have been gained while working with supervisors, peers, or subordinates who are themselves professionals. Letters and or affidavits detailing the experience must state what aspects of the profession were learned on the job and when, how learned, under whose supervision, and the qualifica tions of any supervisors or trainers who provided instruction. Statements must be very specific with regard to actual duties performed and dates of employment. Brief statements, such as the alien was employed by the firm for 15 years as an engineer, are insufficient.

(D) Professional standing. The regulations at Sec. 214.2(h)(3)(iii)(C)(5) list examples of types of documentation from which the petitioner can select one as documentation that the alien has professional standing. However, petitioners are not limited to the forms of documentation listed.

(E) Computation of equivalency by the Service. The Service will count U.S. and foreign college-level education as such. Three years of specialized training and/or professional-level experience will be equal to one year of college. Therefore, an alien who has one year of college will need nine years of specialized training and/or professional-level experience to have training equivalent to that acquired by obtaining the usual bachelor's degree. As another example, the alien may have been an engineering tech nician providing support for several professional engineers for five years before being promoted to a professional engineering position. The alien has been working as a professional engineer for 10 years. The evidence shows that during the last two years of the alien's employment as a technician, the alien was permitted to assume most of the same duties which the professional engineers performed, under their close supervision. During that two-year period, the alien also completed two six-months training courses at night in electrical engineering. In computing the 12 years of specialized training and professional-level work experience needed to be equivalent to that acquired by obtaining a degree, you would count the alien's one year of specialized training and two years of professional-level experience while he or she was an engineering technician. The alien would need nine years of experience as an engineer to qualify as a professional engineer.

(C) Occupational licensure. It may be necessary in some cases for the examiner to request that the petitioner provide evidence of the licensure requirements of the particular state since requirements vary among states. Some states will issue a temporary licensure which is valid for longer than one year. The petition may be approved initially for the period which the temporary license is valid. Any limitations which the state places on a license must be considered in determining whether the alien can fully p ractice the occupation immediately upon entry into the United States.

(iii) Aliens of prominence.

(A) General. Prominence requires that the alien have national or international acclaim and recognition in a field of endeavor. In addition, prominence may be demonstrated by unique or traditional artists and by business persons with exceptional career achievement.

(B) Prominent teams or groups. A team or group may qualify as prominent. A team or group consists of two or more individuals established as one entity to provide services or activity. The reputation of the team or group as a whole is considered in determining whether it is of distinguished merit and ability. The reputation of the team or group as a whole is considered in determining whether it is of distinguished merit and ability. The reputation of individual members is irrelevant to this determination. The documentation or evidence submitted to support H-I classification must refer to the name, skills, and achievements of the team or group, although specific individuals may be mentioned. The Service cannot extend the concept of a team or group for purposes of H-I classification to individuals just getting together to perform a specific function or service. Examples of teams or groups are professional sports, teams, orchestras, theater group and dance troupes, exclusive of their support staff. Support s taff may qualify for individual classification or possibly as accompanying aliens.

(C) National or international acclaim and recognition.

(1) Criteria. The word "sustained" to describe the type of national or international acclaim and recognition required for H-I classification makes it clear that persons with ephemeral or short-lived acclaim and recognition in their field, especially in a field such as entertainment, are not eligible for H-I classification. Distinguished merit and ability requires skill and recognition substantially above that ordinarily encountered in the field. To establish this, the beneficiary must have a significant reco rd of success and achievement. At the time that a petition is filed, the beneficiary must establish from recent documentation that he or she is an alien of distinguished merit and ability, except in rare cases. An individual who was a "superstar" or one of such distinguished merit and ability that the name or reputation by itself is sufficient to establish eligibility may not be required to document recent achievements. The name and reputation of such individual are not usually diminished by retirement. An individual who has had one success and no record of other achievements is generally ineligible for H-I classification. An exception would be where the one success generates such acclaim and recognition that it is very likely that the individual will continue to have international acclaim and recognition in the future. For example, a person who was recently awarded a Nobel Prize or an Academy Award for a first success could be accorded H-I classification based on that achievement.

(2) Documentation. The regulations contain a diversified listing of documentation which applies to any occupational field. The petitioner may provide evidence of any three different forms of the documentation to establish that the alien has national or international acclaim and recognition.

(D) Unique or traditional artists of prominence.

(1) Criteria. This category of prominence was established to accommodate artistic performances and presentations which, by their nature, cannot receive the widespread acclaim and recognition in what might be termed the mainstream arts. It is not intended to accommodate all ethic and folk artists. Such artists must be recognized for their excellence in performing or presenting a unique or traditional performance of the particular art by experts, such as anthropologist, folklorists, ethnomusicologists, arts adm inistrators, and scholars. Experts envisioned under this category do not include promoters, agents, and other persons in business to provide commercial entertainment. Experts must have specialized training and expertise in the particular field. Events where qualifying artists perform or present their art form must be primarily educational or cultural in nature. This provision also excluded artists who are coming to the United States primarily to provide commercial entertainment. Therefore, it must be d etermined in each case whether the events are educational or cultural in nature or mainly held for commercial entertainment. The term "primarily" as used in this provision means that an itinerary for such artists may include some minor engagements which may be commercial in nature, and some minor engagements which may be commercial in nature, and some minor sponsors of events do not have to be educational, cultural, or governmental or organizations.

(2) Documentation. The documentation required to establish eligibility under this category differs from that required to establish that an alien has national or international renown and acclaim in a field. An artist or group which seeks H-1 classification under this provision must provide affidavits, testimonials, or letters from recognized authorities which attest to the excellence of the beneficiary's skills in performing or presenting the unique or traditional art and the significance of the recognition ac corded the artist or group. For the opinion of an expert or recognized authority to be considered valid, the expert or recognized authority must describe his or her expertise and his or her knowledge of the artist's or group's skills and recognition in the narrow field.

(E) Exceptional career achievement.

(1) Criteria. The standards in the regulations for exceptional career achievement apply to high level business persons who cannot qualify as professionals. This is because the position may not require the highly specialized knowledge of a member of the professions and/or the alien may not meet one of the four criteria to qualify as a member of the professions. If they have achieved positions of responsibility and significance in business, they may qualify as "prominent". The documentary standards in the reg ulations are high enough to assure that such aliens possess skills and recognition in the business field substantially above the ordinary. Every individual who owns or manages a business or who holds a high position in a business is not considered prominent. This new category is not meant to accommodate all other business persons who cannot qualify as professionals. There is no guarantee that a person who qualifies as a prominent business persons will qualify for third preference, since preeminence in a field is required for third preference classification.

(2) Documentation. The documentation required to establish that an alien has exceptional career achievement must relate to the alien's past employment, not to the intended employment in the United States. Documentation such as statements from past employers, published material,affidavits from experts in the business field, and payroll or tax statements may be used to establish that the alien meets the criteria for eligibility.

(iv) Accompanying alien status.

(A) Criteria. The purpose of the accompanying alien provision is not to allow H-I individuals or groups to select the support staff with which they choose to work in the United States. This provision is intended to recognize that certain individuals a group in the arts, cultural entertainment, and professional sports fields provide a variety of short-term services and rely on the same individuals to regular provide essential, specially skilled support for those services,such as the band for an H-I vocalist or the choreographer for a dance troupe. It should be noted that the H regulations no longer limit accompanying alien status to support staff of H-I beneficiaries who perform before an audience. The personal preference of the H-I individual or group for working with a particular individual is not a consideration in granting accompanying alien status. Accompanying aliens may derive H-I classification from a principal H-I beneficiary in the arts, cultural, entertainment, or professional sports field because t hey have been determined to be essential to the successful performance of services by the principal due to their unique qualities and experience with the principal. Continuing work that was started abroad and will be completed or continued in the U.S. (i.e., a film crew begins the filming of a movie abroad and will shoot the remaining segments in the U.S.) is not a standard for eligibility, but a factor to be considered in determining whether the services can be readily performed by a U.S. worker. The ke y factors are whether the principal alien usually relies on the same individuals for specially skilled support services in order to perform the type of services can be readily performed by a U.S. worker without significantly diminishing the quality of the work, and whether the alien has significant prior experience working with the H-I principal. Accompanying alien status shall not be accorded to aliens in other fields and industries, It must be clearly and separately documented that each accompanying ali en meets all of the standards in the definition of an accompanying alien. The director will be the ultimate judge of who qualifies as an accompanying alien but should consult with recognized experts in the field for an advisory opinion in most cases.

(B) Evidence. The regulations list the criteria under which an alien may derive accompanying alien status from an individual or group in the arts, cultural, entertainment, or professional sports field. To justify accompanying alien status for an essential support person, the petitioner shall provide a detailed statement about the alien's skills and his or her relationship to the H-I beneficiary. The statement shall be described the alien's qualifications; specify the alien's prior experience with the H-I ind ividual or group; explain how the alien has critical knowledge of the services to be rendered; and explain why a U.S. worker cannot readily provide the support services.

(4) Petitions for agricultural workers (H-2A). (Reserved)

(5) H-2B petition for alien to perform temporary nonagricultural services or labor.

(i) Filing requirements.

(A) The petitioner in every H-2B case must have a U.S. location, apply for a labor certification, and submit, in support of the petition, either the certification or a notice that certification cannot be made from the Secretary of Labor or his designated representative (regional certifying officer) or the Governor of Guam, as appropriate. An H-2B petition submitted without the required certification or written notice from the Department of Labor (DOL) or the Governor of Guam that certification cannot be made,s hall be returned to the petitioner for compliance with that requirement, he or she shall be requested to resubmit the petition and it shall be denied.

(B) H-2B restrictions. A foreign employer which has no location in the United States must give a U.S. authorized representative hiring authority to consider U.S. workers for the job, offer prevailing wages and working conditions, and to file the petition. The H-2B petition must include a statement form the foreign employer granting authority to the U.S. authorized representative to act in its behalf. Petitions which are accompanied by labor certification determinations which indicate that DOL or the Governor Guam could not make a finding because there was insufficient time to test the labor market and/or offer terms and conditions of employment under prevailing standards in the United States shall be denied.

Blue page OI2142(h)(5)(i)(B)

(C) Separate labor certification and petition. Petition who intend to employ H-2B aliens in different occupations must obtain a separate labor certification determination for each occupation. H-2B aliens can only be included in one petition when they will be performing work in the same occupation and the same geographic area, and they will be applying for visas at the same consulate or admission at the same port of entry.

(ii) Test of temporary services. The regulations incorporate the test for determining the temporary nature of services to be performed by an H-2B temporary worker. The test for determining "temporary services or labor" for H-2B classification is whether the need of the employer for the duties to be performed is temporary. It is the nature of the employer's need, not the nature of the duties, that is controlling, Matter of Artee Corporation, 181 & N Dec. 366 (Comm. 1982). This policy does not make the H-2B cl assification indiscriminately available to any employer since, in most case, the nature of the employer's need usually coincides with the nature of the job. For example, the position of restaurant owner's need for the services of a restaurant chef is also permanent and ongoing. The Service's interpretation of temporary is flexible in that it allows for the possibility that the same employer's need for the temporary services of a restaurant chef could also be temporary, i,e., to train workers to assist wit h a one-time event or peak season. The nature of the employer's temporary need must be seasonal, peakload, intermittent, or a one-time occurrence as defined in the regulations.

(iii) Labor certification determination. A DOL or Governor of Guam labor certification shall be considered prima facie evidence that unemployed person s capable of performing the services or labor cannot be found in this country. However, any representations to the contrary submitted by responsible organizations, associations, or individuals in a position to know should be given consideration in the adjudication. The DOL's and Governor of Guam's roles are advisory because the Attorney General has sole authorit y for the final approval or denial of petitions for temporary alien employment. If the petitioner submits a notice from DOL or the Governor of Guam that such certification cannot be made, the petitioner shall be informed, if he/she has not already done so, that he/she may submit countervailing evidence to the Service.

(iv) Countervailing evidence.

(A) General. The DOL's or Governor of Guam's notice that certification cannot be made and the reasons why shall be given considered weight in determining the Service's decision. However, the evidence submitted by the petitioner shall also be considered carefully. The petitioner's countervailing evidence must address the petitioner's efforts to obtain the services of U.S. workers, the prevailing wage rate for the occupation in the area of intended employment, and each of the reasons why DOL or the Governor of Guam could not issue a labor certification.

(B) Consultation on countervailing evidence. When DOL or the Governor of Guam issues a notice that certification cannot be made, neither a test of the labor market nor a determination of prevailing wages and working conditions will usually have been made on the specific case. Nevertheless, the examiner should take such factors into consideration before denying or recommending approval of the H-2B petition. Even though the burden is on the petitioner to establish the U.S. workers are not available to perform t he services and that the wage offered is prevailing, the examiner should attempt to develop information from other labor market sources. If there is a labor union which has members in the occupation, the examiner shall also consult with that union regarding the availability of U.S. workers and the prevailing wages and working conditions in the occupation.

(v) Alien's qualification. The petitioner is required to provide evidence that the alien meets the education, training and experience requirements specified in the labor certification application, unless there are none. Even though DOL and the Governor of Guam do not require the names of beneficiaries for the temporary H-2B labor certification, the name,(s) and qualifications of beneficiaries must be submitted with the H-2B petition except in emergent situations as determined by the director.

(vi) Determinations on H-2B petitions without labor certification.

Whenever the job opportunity contains legitimate requirements or conditions which limit consideration of U.S. workers or otherwise prevent effective recruitment of U.S. workers, DOL or the Governor of Guam will issue a notice that certification cannot be made. Examples of such circumstances are: the employer is not paying a wage or salary because it involves a benefit performance, or the job requires qualifications or knowledge which could only have been acquired outside the United States. When the petitio n is filed with such a notice, the labor market finding required by the statue has not created the circumstances to avoid conducting a labor market test and/or paying the prevailing wage. If the examiner believes after reviewing the facts of the case and the petitioner's countervailing evidence, that the petitioner has intentionally created the circumstances which resulted in the notice the petition shall be denied. In addition, if the circumstances or working conditions are inappropriate for the job oppo rtunity, the petition should be denied. Another situation may involve a performing artist coming to the United States to provide commercial entertainment, yet no salary is offered because the alien is willing to perform in the U.S. for the exposure. The petition should be denied unless there is a legitimate reason for the lack of pay, such as the proceeds from the performance are for a charitable cause.

(6) H-3 petition for alien trainee. Operating experience has shown that when the alien is not of distinguished merit and ability or the petitioner cannot obtain a temporary labor certification, H-3 classification is sometimes requested to enable the alien to engage in actual employment under the guise of a training program. The regulations now list a number of restrictions on approval of training programs. Obviously, there may be unusual situations in which the restrictions may be inappropriate and careful r eview of the supporting documentation or a request for additional information from the petitioner may satisfactorily establish the bonafides of the proposed training program. However, all suspect petitions demand a careful review, and the examiner should be satisfied that the purpose of the program is genuinely to train the beneficiary for a career abroad (even though the petitioner may derive benefits from the alien's training), and that the beneficiary intends to return abroad for employment after termin ation of the training program.

(7) Special classes.

(i) Prominent aliens in the arts, cultural, or entertainment field.

(A) General. Although the Service is sensitive to the unique circumstances of the arts, cultural, and entertainment industry, the need to promote cultural exchange, and the desire of the public for exposure to other cultures and a variety of entertainment the Service is nevertheless bound by the statutory requirements of the Immigration and Nationality Act in administering the H classification. Congress did not build into the H classification the flexibility for the Service to consider such factors as cultu ral exchange, reciprocity freedom, or artistic expression, personal preferences, or economic hardship to the petitioner in according H classification. Nor is there a mechanism for applying lesser standards for classification to the arts, cultural, and entertainment industry than to any other industry. Under the statute, every foreign artist cannot be accorded H-I classification. Only those who have national or international renown because of their achievements in a particular field or those who have exce ptional skills in a unique or traditional art as recognized by experts or authorities in the field are eligible. Others must seek H-2B classification.

(B) Consultation with experts. It has been and continues to be Service policy that the views of experts must be sought in doubtful cases before a director approves or denies an H-I petition in the arts, cultural, or entertainment field. A doubtful case is one in which the information in the record does not clearly establish eligibility or ineligibility in accordance with the requirements of the regulations. Based on operating experience, it is Service policy that advisory opinions should be sought on most cases in these industries, even in emergent situations. Whenever an advisory opinion is sought from a labor organization, the director must also consult a management organization in order to obtain a balance of views. However, if it is more appropriate under the circumstances to seek an opinion from critics or other less interested authorities in the field, the director may choose to consult with experts in lieu of a labor and management organization. In time sensitive situations, telephonic contact shou ld be made with the labor or management organization or expert. The name of the person contacted, the date and time, and the information given should be recorded in the file. The person giving the information should be requested to follow up the contact with written opinion. Although advisory opinions are non binding on the Service,they should be given considerable weight in conjunction with the evidence submitted by the petitioner in determining eligibility for H-1 classification. Organizations which have agreed to provide advisory opinions are listed at the end of OI 214.2(h) as Exhibit I.

(C) Documentation. Photocopies of documents of establish prominence are acceptable. However, the source of the evidence, date of release or publication, and information which relates to the beneficiary(ies) must be clearly indicated or highligthted. In every case, the petitioner must provide a statement which summarizes the terms of employment or provide a copies of any contracts between the parties. If a petitioner feels that an alien or a group in the arts, cultural, or entertainment fields is of such di stinguished merit and ability that name or reputation standing by itself would be sufficient to establish without any question that the alien or group is prominent and is coming to the United States to perform services which require a person or group of prominence the petition may be submitted without documentation to establish prominence. However, the petitioner must provide a statement of the alien's or group's standing and achievements in the field. If the adjudicator is unconvinced of eligibility, th e petition should be returned to the petitioner for the requisite supporting documentation. In the case of a group, the documentation must relate to the distinguished reputation of the particular group, not to the reputation of its individual members. For example, a theatre group of 20 may include 10 H-I caliber aliens. Documentation relating to the H-I caliber aliens in insufficient to establish that the group is prominent. The required documentation must relate to the group by name.

(ii) Musicians to be employed within 50 miles of the Canadian border. The Department of Labor has pre-certified that qualified persons are unavailable in the Canadian United States border area (50 miles into the United States, along the Canadian border) and that the admission of Canadian musician in such areas for periods not in excess of 30 days would not adversely affect the wages and working conditions of workers in the United States who are similarly employed. Where the Canadian-United States boundary line is within a body of water, such as the Great Lakes, the 50-mile area extends inland from the United States shore of that body of water. The pre-certification with respect to musicians is applicable to stagehands, drivers and equipment handlers coming to the United States in connection with such musician's employment, and such supporting workers may be included in the H-2B petition. Such petitions should be filed with the INS service center serving the area of intended employment. In cases where the servi ces of the musicians are needed for longer than 30 days. the prospective employer shall file with the Department of Labor for the required labor certification and on receipt thereof, shall file a petition with the appropriate service center.

(iii) Physicians. Physicians who graduated from a medical school outside the United States may be accorded H-I classification if they are coming to the United States to teach and/or to conduct research at a public or private nonprofit educational or research institution or agency. Patient care must be incidental when it is casually incurred in conjunction with the physician's teaching and/or research. To determine if the patient care will be incidental, the adjudicator must consider factors, such as the amoun t of time to be spent in patient care, whether the physician's salary offer is so substantial that incidental patient care is unlikely and whether the physician is responsible for a regular patient load. Such aliens may not participate in a medical residency in the United States or perform services primarily involving direct patient care under the H-1 classification.

(iv) Professional nurses. Foreign professional nurses who will perform professional duties in the United States must qualify for H-1 classification. Licensed practical nurses, nursing technicians, and persons in other nursing occupations who are not regarded as professionals do not qualify H-1 classification, but only if an employer establishes that it has a temporary need for the services to be performed and if the petition is accompanied by a temporary labor certification or notice that a certification cannot be made. A foreign nurse who does not have a permanent state license but has passed the Commission on Graduates of Foreign Nursing Schools (CGFNS) examination may qualify for H-I classification, but must be able to obtain temporary authorization to work as a professional nurse form the appropriate State Board of Nursing immediately after entry. A foreign nurse who graduates from a nursing school in the United States should submit evidence of permanent state license for H-I classification. There are mor e than 20 states which will not grant such authorization to foreign nurses. In these states, a foreign nurse must have a permanent state license to obtain H-I classification. Even where the alien graduated from a nursing school in the United States the CGFNS examination or permanent licensure is required for H-I classification. A foreign nurse may be classified as an H-3 nonimmigrant trainee to receive a brief period of training that is unavailable in the alien's native country. The H-3 classification, however, may not be used to qualify foreign nurses for employment in the United States nor to staff hospitals and other health care facilities while the nurse is in training.

(v) Canadian woodsmen.

(A) Filing procedures. H-2B Canadian woodsmen are petitioned for by various contractors in the lumber industry. These temporary workers are employed in various capacities such as loggers, skidder operators, cooks, or mechanics. A petition for a Canadian woodsman shall be filed on Form I-129H and should be accompanied by a temporary labor certification issued by the United States Department of Labor. Petitions for Canadian woodsmen should be filed with the District Director in Portland, Maine without the nam es and evidence of the qualifications of beneficiaries, and should be adjudicated under the emergent procedures at O.I. 214.2(h)(2)(vi)(A). Petitions may be filed for multiple beneficiaries but separate petitions must be submitted for separate labor certifications. The petitioner must be specify a port of entry that has been designated by the district director as a control port for nonimmigrant Canadian woodsmen.

(B) Handling of approved petitions. On approval, the director shall send the petition to the designated port of entry. The petitioner shall provide the names and evidence of the qualifications of beneficiaries to the port before they apply for admission. During the validity of the petition, the petitioner may substitute beneficiaries by giving the control port advance notification along with the names and evidence of the qualifications of the substituted beneficiaries. The port director of the control port shall be responsible for nonimmigrant control. Form I-94 shall be given to the temporary worker on initial arrival. The temporary worker may retain the Form I-94 for multiple entries during its validity pursuant to 8 CFR 235.1(f)

(vi) Boilermakers.

(A) Filing procedures. The National Association of Construction Boilermaker Employers and the International Brotherhood of Boilermakers have made arrangements with the Department of Labor and the Service to obtain expedited determinations on H-2B labor certification applications and petitions for boilermakers from the Canadian boilermaker's union when there are insufficient U.S. boilermakers to meet contract needs. The Manpower Optimization Stabilization and Training Fund (MOST) in Kansas City, Kansas serves as the clearinghouse for the employers and workers and will handle all of the paperwork required for labor certification and petition approval. MOST will not be the petitioner or sign forms for the employers. Petitions for canadian boilermakers may be filed with the Service Centre without the names an evidence of qualifications of beneficiaries. Service Center directors shall expedite adjudication of such petitions under emergent procedures at OI.214.2(h)(2)(vi)(A). A separate labor certification and pe tition must be filed for each employer. When the workers for an employer will enter at different ports of entry, a separate petition with a copy of the same labor certification must be filed for each port of entry.

(B) Handling of approved petition. On approval, the director shall sent the petition to the designated port of entry. MOST will provide the port of entry the names and evidence of the qualifications of beneficiaries before they apply for admission. The port director shall be responsible for nonimmigrant control. When an approved petition involves replacement, MOST will provide the port the names of beneficiaries to be replaced, the date they departed the United States, and the names and evidence of the qual ifications of new beneficiaries who will apply for admission.

(vii) Professional athletes.

(A) Filing procedures.

(1) An organization, promotor, or agent must file a nonimmigrant visa petition to accord H-I or H-2 classification to an athlete. Members of teams should be petitioned for by an organization.

(2) A single petition may be filed for a foreign-based team and its support personnel, and the entire group may be accorded H-I classification if the team has a reputation of prominence and is to be paid from a United States sources. If on the other hand, the team is foreign-based and its income and player salaries are principally accrued in a foreign country, and there will be no remuneration from a United States sources, then B-I classification would be appropriate. See OI 214.2(b)(13). Note, however since the two foreign-based Major League baseball teams conduct spring training in the United States and have locations in the United States, the filing of H petitions would be proper for such teams.

(3) United States-based teams must submit individual petitions for each H-I, but may submit one petition for multiple H-2 beneficiaries. If the H-2 beneficiaries are applying for admission at more than one port of entry, a separate Form I-129H with fee shall be submitted for each consulate and for each consulate and for each port of entry.

(B) Requirements for H-I athletes. A petition for an entire team must be accompanied by evidence that the team as a unit has achieved prominence in the sport. A petition for an individual athlete or a member of a U.S. based team must be accompanied by evidence that the athlete has achieved prominence in the sport. Since in some sports a player's participation at a certain level in itself represents a degree of prominence in the sport to sport. For H-I classification will vary from sport to sport. For H-I c lassification the following documentation would be appropriate according to the sport:

(1) Ice hockey. A National Hockey League contract and statistical evidence that the player has played at least 15 NHL games (8 for goaltenders) in a prior season. If the player cannot meet the foregoing requirements and there is a reasonable likelihood that he will be playing for the NHL parent team, in addition to an NHL contract, the petitioner must submit a written statement from an authoritative source,such as the office of the President of the NHL or the NHL's collective bargaining organization that the player has achieved prominence in the sport; evidence that he has played for a national team in at least two international tournaments; or evidence that he was a first or second-round pick in a prior NHL entry draft.

(2) Baseball. A Major League (American or National) contract and statistical evidence that the player has played at least 20 Major League games in a Prior season (5 for pitcher). If the player cannot meet the foregoing playing requirements, in addition to a Major League contract, the petitioner should also submit a written statement from an authoritative source such as the Office of the Commissioner of Baseball or baseball's collective ;bargaining organization, that the player has achieved prominence in the s port.

(3) Soccer. A contract with a major North American soccer league (indoor or out door) team and statistical evidence that the player has played at least 15 games in a prior season in a major North American soccer league or has played five games for a national team in World Cup competition. Experience gained in a foreign league may be substituted for North American or World Cup experience, but should ;be supported by a written statement from an authoritative source, such as the collective bargaining organizatio n of a North American soccer league or the United States Soccer Federation that the foreign league is on a par with or superior to the North American league and that the player has achieved prominence in the sport. If a player cannot meet any of the above requirements, any claim of H-1 prominence must be supported by a major North American soccer league contract and written testimony from an authoritative source, such as the players' collective bargaining organization or the United States Soccer Federation that the player has achieved prominence in the sport or evidence that the player was a first-or second-round draft pick.

(4) Boxing. A contract guaranteeing a purse commensurate with prominence, evidence that the boxer is ranked by at least one international association, and written testimony from at least one expert, such as a member of the media, that the boxer has achieved prominence.

(5) Wrestling. A contract or contracts which evidence that the wrestler will be paid a wage which demonstrates prominence and written testimony from a representative of a national wrestling organization or a member of the media that the wrestler has achieved prominence in the sport.

(6) Jai Alai. A contract with a Unites States front on and evidence that the player has previously played for a United States front on or, in the case of a player without previous United States experience, a contract with a Unites States front on and written testimony from at least one independent expert in the sport that the player has achieved prominence with an equivalent front on outside the United States.

(7) Golf. Evidence that the player is a current member of the Professional Golfers Association (PGA) or Ladies Professional Golf Association (LPGA) tours and written testimony from an expert in the field, such as a PGA or LPGA official or member of the media that the golfer has achieved prominence in the sport.

(8) Tennis. Evidence that the player has participated in international or United States Tennis Association-sponsored tournaments and written testimony from an expert in the field, such as a USTA official or a member of the media, that the player has achieved prominence in the sport.

(9) Football and basketball. A National Football League or National Basketball Association contract and statistical evidence that the player has played football in the NFL or for a Unites States college or university in a prior season or played basketball in the NBA, in international competition for a national team or for a United States college or university in a prior season.

(10) Horse racing. Evidence that the jockey or sulky driver has a record which demonstrates that he/she has achieved prominence in the sport and written testimony from an expert in the field, such as a member of the media, attesting to such prominence. The same documentation is needed if a petitioner is seeking H-1 classification for a trainer of race horses.

(11) Officials. Evidence that the official (referee, linesman, umpire, for example) has a major league contract.

(C) Adjudication of H-1 petitions. In adjudicating petitions to accord H-1 classification, officers should be sure not only that the beneficiary is an alien of prominence in his/her sport but also that the services to be performed require such prominence or distinguished merit and ability. Such services would ordinarily be required of an athlete on the competitive level. While a professional coach coming to coach a U.S. based professional team would normally be performing services of a distinguished nature, a professional athlete coming to the United States not to compete but to render services at a sports camp or as a club professional would not ordinarily be considered to be performing services which require prominence or distinguished merit and ability.

(D) Requirements for H-2B athletes. A petition for an H-2B athlete must be accompanied by a tendered contract and a labor certification issued by the United States Department of Labor. If issuance of the labor certification has been delayed and the start of the playing season is imminent, the petition will be adjudicated at the local Service office (with appropriate coordination with the service center). Professional leagues should adhere to the total number of H-2B positions granted them by the Department o f Labor. Injured players and players who voluntarily terminate their employment with a league may be replaced on existing petitions provided they return to their native countries. Such replacement will require the filing of a new petition. If an H-2B player is traded to another team, the player's H-2B labor certification slot remains with the trading team and the receiving team must have an available slot to receive the player. If a team does not use all its designated H-2B labor certification slots on an initial petition, any subsequent signings to fill designated slots will require a new petition of petitions.

(E) Traded layers. Teams which receive H-1 or H-2B athletes from other U.S. based teams or players from foreign-based teams in trade must file new petitions with the Service for such players. Such petitions may be adjudicated by the local Service office (with appropriate coordination with the Service Center) unless the trade is completed during the off-season.

(8) Approved petitions.

(i) Partially approved. The regulations provide that an H petition for more than one beneficiary may be approved in whole or in part. Whenever part of the petition is approved, the action on the entire petitions shall be counted as an approval for reporting purposes. This avoids counting two actions for one receipt. The petitioner may appeal the decision to deny classification to one or more of the beneficiaries or file a new petitions in their behalf.

(ii) Transmittal of petition.

(A) Visa applicants. If the beneficiary requires visa, the duplicate of the approval H petition, with the supporting documents, shall be sent to the consul. The copy of the petition of the beneficiaries to the fullest extent that the petitioner was able to furnish that information, so that the consular officer will have that data available for making any desired checks prior to visa issuance. When advance notice of approval is directed to a consul, the petitioner shall be instructed promptly to have the ben eficiary contact the counsul. The petition, before being mailed, shall be stamped "Approval previously forwarded".

(B) Visa-exempt applicants. When the beneficiary does not require a visa, the duplicate petition without supporting documents shall be forwarded to the port of entry.

(iii) Transfer to another location. The transfer of an H-1 or H-3 beneficiary to another location with the same employer performing the same duties does not require a new petition. The transfer of an H-2 beneficiary to another location requires a new labor certification and petition unless such location was specified in the original labor certification and petition.

(iv) Strikes. If, after a petition has been approved and before the beneficiary arrives in the United States, the Secretary of Labor certifies that a strike or other labor dispute involving a work stoppage is in progress in the occupation and at the place the beneficiary is to be employed or trained, telegraphic notification shall be made to the consular officer or port of entry to which the approved petition was sent. The notification to the consular officer shall request deferral of visa issuance, or revocatio n of the visa if already issued. The notification to the port of entry shall request action to exclude or defer inspection , as appropriate. If the beneficiary has already entered the United States, approval of the petition should be suspended.

(9) Visa issuance. Unless reciprocity requires that it be issued for a lesser period (Appendix C, Volume 9, Foreign Affairs Manual), or a section 212(d)(3) authorization requires issuance for a lesser period, the visa will be issued with a validity to coincide with that of the petition on which it is based. However, when the consul must restrict the visa to a shorter period, a notation will be placed below the visa stamp as follows: "Petition valid to (date)." In either case, subject only to the passport requirement of section 212(a)(26) of the Act or any limitation on the period dof admission noted on the visa page as the result of a section 212(d)(3) orde r, an immigration officer shall admit the beneficiary, if admissible, to the date until which the petition is valid or, in the circumstances previously indicated, the date until which his or her temporary stay has been authorized.

(10) Limits on a temporary stay. Specific limits on what is regarded as a temporary period of stay in the H-1, H-2, and H-3 classifications are included in the regulations to reflect the temporary nature of these classifications and to achieve consistency in the handling of repeated requests for extensions of stay. The time limit in an H classification and the requirement to reside abroad cannot be avoided by leaving the U.S. before the maximum time limit and reentering within a short period of time under a ne w petition. In such cases, the approval period of the new petition shall be consistent with and count towards the maximum allowable time limit on an alien's temporary stay. Only when the alien has resided outside the U.S. for a period required by the classification or when the alien is exempt from limits on a temporary stay would a new period of stay begin. The H nonimmigrant's spouse and children are subject to the same limits as the principal.

(11) Permanent/temporary intent.

(i) General. The concept of temporary/permanent intent does not extend to the H-2 and H-3 nonimmigrant classification also seeks permanent resident status on behalf of the beneficiary. Under the statutory retirements for these classifications, a simultaneous temporary and permanent intent on the part of the petitioner and the beneficiary is training is not for the purpose of continuing a career outside the United States. Petitioners will not be permitted to circumvent this policy by applying for permanent st atus on behalf of the alien in a different job. Approval of a permanent labor certification or the filing of a preference petition for an H-2 or H-3 alien beneficiary in the same or a different job or training position with the same employer is a basis for denying a new petition or the alien's application for an extension of stay.

(ii) H-2 classification. In the case of an H-2 beneficiary, the employer previously submitted satisfactory representations that the need for the skills or labor was temporary. If the employer's need has changed, the beneficiary no longer qualifies for H-2 classification in the same job. To avoid abuses of the H-2 classification, examiners should not accept representations that the permanent services would be in a different job when the labor certification or preference petition is field by the same employer.

(iii) H-3 beneficiary.In the case of an H-3 beneficiary, the employer is required to demonstrate that the training position was to benefit the beneficiary in pursuing a career outside the United States. When that same employer obtains a labor certification or files a preference petition for the beneficiary, it can be presumed that the purpose of the training was to recruit and train the alien to ultimately staff a position in the United States.

(12) Exclusion order. If the returning beneficiary had previously been the subject of a section 212(d)(3)(A) or (B) order, the inspector will ascertain whether that order or a subsequent one is still valid at the time of application or readmission and, if so, whether pursuant to such order the beneficiary's period of admission must be limited to a date earlier than the date until which the visa petition is valid.

(13) Soviet-bloc nationals. When the beneficiary is a Soviet-bloc national, the notice of approval on Form I-171C or Form I-797 shall instruct the petitioner to notify the Service office having jurisdiction over the port of departure at least 24 hours in advance of the alien's proposed departure. The office shall ensure that Form I-94 showing facts is departure is promptly received and forwarded to the Central Office.

1. UNIONS WITH SUBSTANTIAL MEMBERSHIP IN THE ARTS, ENTERTAINMENT, AND MEDIA INDUSTRY

Actors Equity Association

Alan Eisenberg, Executive Secretary or

Ralph Braun, Business Representative

1655 West 46th Street

New York, New York 10036

PH: (212)869-8530

Performers (other than musicians), stage mangers, assistant stage managers employed in the "live," dramatic, and musical theater.

American Federation of Musicians

Steve Spragg, Assistant to the President

1501 Broadway

New York, New York 10036

PH: (212)869-81330

Musicians, conductors, music librarians, arrangers, copyists, singer (night club and cabarets).

American Federal of Television and Radio Artists

John C. Hall, National Executive Director

260 Madison Avenue, 7th Floor

New York, New York 10016

PH: (212)532-0800

Performers (other than musicians) who are employed by the broadcasting, cable, and/or recorded media, including disc and video/audio tapes.

American Guild of Musical Artists

Sanford I. Wolff, Nat'l Executive Secretary or

Alan I). Olsen, Assoc. Nat'l Exec. Secretary or

Thomas Jamerson, Asst. to the Nat'l Exec. Sec.

1727 Broadway

New York, New York 10023-5284

PH: (212)265-3687

All performers (except musicians), stage managers, and choreographers employed in opera, ballet, and dance, also, concert (sole) artists, including musicians.

American Guild of Variety Artists

East:

Ms. Randall K. Brett, National Director, or

Ms. Debra Nir, National Director

184 Fifth Avenue

New York, New York 10007

PH: (212)675-1003

West:

Mr. Louis Zogaib, West Coast Director, or

Ms. Julie Berry Bowman, Administrator of Sick and

Relief Fund

4741 Laurel Canyon

Los Angels, California 91607

PH: (818)508-9984

Performers (except musicians) in ice shows and circuses and performing in hotels and cabarets as part of a variety show.

Association of Theatrical Press Agents and Managers

Mr. Merle Debuskey, President

300 West 55th Street

New York, New York 10019

PH: (212)247-6634 (or)

Ms. Dorothy Olim, Secretary-Treasurer

165 West 46th Street

New York, New York 10036

PH: (212)719-3666

Theatre and concert hall managers, company managers, and press agents.

Directors Guild of America

West:

Harry Evans, Assistant Executive Secretary or

Warren Adler, Assistant Executive Secretary

7950 Sunset Boulevard

Hollywood, California 90046

PH: (213)656-1220 or (800)421-4173

East:

Alan S. Gordon, Eastern Executive Secretary or

Terry Casaletta or Paul Erbach

110 West 57th Street

New York, New York 10019

PH: (212)581-0370 or (800)356-3754

Mid-West:

Dan Moore, Mid-Western Executive Secretary

520 N. Michigan Avenue, Suite 1026

Chicago, Illinois 60611

PH: (312)644-5050

In film, director, production managers, and first and second assistant directors. In rtape, directors, associate directors, stage managers, and production assistants.

Hebrew Actors Union.

Bernard Sauer, President

31 E. 7th Street

New York, New York 10003

PH: (212)674-1923

Performers (except musicians) who are engaged in the field of Hebrew or Yiddish language theatre.

International Alliance of Theatrical Stage Employees and Moving Picture Machine Operators of the United States and Canada

Alfred W. DiTolla, President

1515 Broadway

New York, New York 10036

PH: (212)730-1770

All craft and technical occupations associated with motion picture production, television broadcasting, sound and video recording, cable, legitimate theatre, and audio-visual materials.

International Brotherhood of Electrical Workers

Reginald Gilliam, Director

Broadcasting and Recording Department, or

Freddie J. Stanley, International Representative

Broadcasting and Recording Department

1125 15th Street, N.W.

Washington, DC 20005

PH: (212)833-7000

Technical and craft personnel employed in broadcasting, television, cable operations, sound and video recording, and program production.

Italian Actors Union

Mimi Cecchini

184 Fifth Avenue

New York, New York 10010

PH: (212)675-1003

Performers (other than musicians) who are engaged in the field of Italian language theatre.

National Association of Broadcast Employees and Technicians

Kenneth Moffett, Assistant to the President

7101 Wisconsin Avenue, N.W., Suite 800

Bethesda, Maryland 20814

PH: (301)657-8420

Technical and craft personnel employed in broadcasting, telecasting, recording, filming, and allied industries.

Screen Actors Guild

West:

Leonard Chassman, Hollywood Executive Director

7065 Hollywood Boulevard

Hollywood, California 90028-6065

PH: (213)856-6612

East:

John Sucke, New York Executive Director

1515 Broadway, 44th Floor

New York, New York 10036

PH: (212)827-1474

Florida:

Mel Karl, Southeastern Regional Director

2299 Douglas, Suite 200

Coral Gables, Florida 33134

PH: (305)444-7677

Performers (other than musicians) employed in the production of motion pictures, television, video tape, or video disc.

Society of Stage Directors and Choreographers

David S. Rosenak, Executive Secretary or

Kathryn Haapala, Deputy Executive Secretary or

Patrick Parker, Administrative Services Manager

1501 Broadway, 31st Floor

New York, New York 10036-5653

PH: (212)391-1070

Directors and choreographers in the professional theatre.

United Scenic Artists

James J. Ryan, Business Representative

575 8th Avenue

New York, New York 10018

PH: (212)736-4498

Professional scenic designers, scenic artists, production designers, costume and lighting designers, diorama and display workers, and mural artists employed by television, theatre, commercial producers, and motion picture studios.

Writers Guild of America, West

Jane Nefeldt, Assistant Executive Director

8955 Beverly Boulevard

Los Angeles, California 90048-8185

PH: (213)205-2566

Writers in the fields of motion pictures, television, and radio in areas west of the Mississippi River.

Writers Guild of america, East, Inc.

Mona Mangan, Executive Director

555 West 57th Street

New York, New York 10019

PH: (212)245-6180

Writers in the field of motion picture, television and radio in areas east of the Mississippi River.

II. MANAGEMENT AND SERVICE ORGANIZATIONS WITH SUBSTANTIAL MEMBERSHIP IN THE ARTS, CULTURAL, AND ENTERTAINMENT FIELDS

Alliance of Motion Picture and Television Producers

Ms. Carol Lombardini

14144 Ventura Boulevard

Sherman Oaks, California 91423

PH: (818)995-3600

Major feature and television motion picture producers, as well as post production and other services-oriented businesses in the motion picture industry.

Library of Congress

Dr. Alan Jabbour, Director

American Folklife Center

Washington, D.C. 25040

PH: (202)347-9262

Opera artists and opera support, such as set designers and stage directors.

American Symphony Orchestra League

Toby Holiday, Director

Government Affairs

633 E Street, N.W.

Washington, D.C. 20004

PH: (202)628-0099

Soloists, conductors, musicians, managers, and symphony orchestras.

Association of College, University, and Community Arts Administrators

Susan hardy, Executive Director

6225 University Avenue

Madison, Wisconsin 53705

PH: (608)233-7400

Classical and contemporary theatre, classical, and contemporary music performed by soloists and small ensembles, modern dance, and ballet.

American Folklore Society

Timonthy Lloyd, Secretary-Treasurer

727 East Main Street

Columbus, Ohio 43205

PH: (614)466-2613

Folklore, ethnic arts, folk arts, folk craft, folk dance, and music traditions of many cultures.

The Asia Society

Beate Gordon, Director

Performances, Films, and Lectures Department

725 Park Avenue

New York, New York 10021

PH: (212)288-6400

Asian performers.

Kenlucky Center for the Arts

Richard Van Kleeck, Director

Folk Arts

5 Riverfront Plaza

Louisville, Kentucky 40202

PH: (502)562-0100

Folk artists.

Institute of International Education

Ms. Noreen Tomassi

Associate Program Officer

Arts International Program

809 United Nations Plaza

New York, New York 10017

PH: (212)984-5424

All artistic disciplines, including the traditional arts.

Harvard University

Hugh Flick, Assistant Professor

Committee on Degrees in Folklore and

Anthropology

69 Dunster Street

Cambridge, Massachusetts 02138

PH: (617)495-4788

Folk musicians and performers.

San Diego Foundation for the Performing Arts

Diane Annala, Director

701 B Streetm Suite 530

San Diego, California 92101

PH: (619)234-5855

Performing artists.

California Arts Council

Robert II. Reid, Director

1901 Broadway, Suite A

Sacramento, California 95818

PH: (916)445-1530

Experts in dance, theater, music, visual arts, video, literature, opera, musical theater, inter-disciplinary arts, folk arts, multi-disciplinary arts, crafts, and architecture.

Western States Arts Foundation

Terry Melton, Executive Director

207 Shelby Street, Suite 200

Santa Fe, New Mexico 87501

Performing, visual, and literary artists.