As of press time, it appears that the Democrats’ recent win in both houses of Congress spells bad short term news and better long term news when it comes to sports and arts visa processing.

The bad news is that it appears very unlikely the Republicans will approve immigration legislation in their final few days as the majority party. That means we will not see H-1B cap relief or more green card numbers. It also means that sports-related visa provisions included in the comprehensive immigration reform bill passed earlier this year by the Senate are not going to be passed this year.

But upon the Democratic takeover in January, we can expect to see movement on immigration legislation. While some suggest that the Democrats may fail to move immigration legislation, the momentum is certainly there and Democrats could pay a serious price at the polls by Hispanic voters who overwhelmingly voted Democratic in 2006 and who made the difference in a number of close races.

We can expect to see a push for more H-1B numbers, something that would be greeted warmly by the fashion industry which has struggled with visa processing for models who compete for scarce H-1B visas with computer programmers and mechanical engineers. Also look for possible passage of legislation creating a new O-4 visas for fashion models which would look very similar to the H-1B visa in terms of requirements, but would not have the cap problems.

Another provision of the Senate bill would have broadened the rules for certain athletes seeking non-immigrant status. P visas would be open to athletes and coaches who are part of a team or franchise located in the US and which is a member of a foreign league or association of 15 or more amateur sports teams, if:

1. the foreign league or association is the highest level of amateur performance of that sport in the relevant foreign country.

2. participation in such league or association renders players ineligible to earn a scholarship in or participate in that sport at a college or university in the US .

3. a significant number of the individuals who play in the league or association are drafted by a major sports league or a minor league affiliate of such a sports league.

The section also included a provision to include professional and amateur performers in theatrical ice skating productions in the P athlete category.

A provision in the bill stating that Advisory opinions would no longer be required for members of a) professional leagues described in INA Section 204(i)(2) (applicable to leagues grossing more than $10,000,000 and having at least six teams), b) members of foreign leagues described above and c) performers in theatrical ice skating productions was removed from the bill by amendment.

Under the comprehensive immigration reform bill passed by the Senate, multiple athletes would be able to apply under a single petition and only pay one fee. Finally, a new provision is added that specifically states that athletes are not required to use the P category if they wish to pursue another visa strategy.

A provision in the Senate bill that would impact on minor league sports teams relates to the extension of H-2B provisions passed in last year’s REAL ID Act that would make more overall H-2B numbers available by not counting against the cap returning aliens. That should continue to make more H-2B numbers available.

We will be reporting on developments as they develop through this publication and our weekly publication Siskind’s Immigration Bulletin.