S. 1281 — RIDE Act

This section authorizes a new subcategory of P nonimmigrant visas (P-4) for mobile entertainment workers described in INA §214(c)(4)(I) for whom the Department of Labor certifies that (1) sufficient U.S. workers who are able, willing, and qualified are unavailable at the time and place needed and (2) the employment will not adversely affect the wages and working conditions of similarly employed U.S. workers. The section also authorizes P-4 visas for spouses and children accompanying or following to join principals eligible under existing P-1 (athletes, international teams, entertainment groups), P-2 (reciprocal exchange performers), P-3 (culturally unique artists), or new P-4 categories.

This section defines, for purposes of the P-4 nonimmigrant classification under INA §101(a)(15)(P)(iv) (i.e., support personnel for P-1, P-2, or P-3 athletes, artists, or entertainers), a mobile entertainment worker as an alien performing integral functions—such as transporting, assembling, operating, disassembling, and maintaining attractions, structures, equipment (including rides, games, novelties, and food or beverage concessions), or other necessary tasks—for a mobile entertainment provider. A mobile entertainment provider includes (1) a carnival or circus traveling temporarily or seasonally around the United States or (2) an affiliated service provider (e.g., food and game concessions) offering services on a seasonal or temporary basis to state, county, and local fairs and festivals or nonprofit fundraising events.

This section directs the Secretary of Homeland Security and the Secretary of Labor to publish in the Federal Register (1) proposed rules implementing the amendments made by sections 2 and 3 not later than 180 days after the date of enactment of this Act and (2) final rules implementing those amendments not later than one year after such date.