Accord on Visa Rules May Be Near : Law: Arts organizations are pushing for a relaxation of immigration requirements for visiting performers.

Arts organizations and labor union representatives meeting in Washington may be close to resolving differences over controversial proposed visa rules threatening to complicate the process of bringing foreign performers to the United States.

Arts organizations warned last month that symphonies, ballet and dance companies, operas companies, folk art troupes and other artists could face overwhelming obstacles trying to tour here under the proposed new rules and that foreign governments might retaliate by imposing similar restrictions on American companies and artists.

The proposed rules are part of the Immigration and Naturalization Service interpretation of an immigration law passed by Congress last fall.

Negotiations between arts organizations and the AFL-CIO and arts labor unions have been going on for several weeks to try to reach an accord. Agreement has been reached on some major provisions, according to those close to the negotiations.

Agreement was reported to be likely on eliminating or sharply modifying a provision preventing artists from applying for visas until 90 days before a scheduled performance.

Consensus has proven elusive, however, on other provisions, including a requirement that U.S. unions be consulted by the immigration service on all visa applications by foreign artists or companies.

The White House Office of Management and Budget, which has been reviewing the proposed rules since mid-April, has been inundated with protests from artists, managers, booking agents, presenters and promoters, according to reports. The OMB must approve the rules before they can take effect, but immigration service officials complained that delays in the White House review were making it more difficult to implement the visa requirements.

“It’s safe to say we are talking,” said Anne Murphy, executive director of the American Arts Alliance. “When (the new rules) came out, it was obvious there was a problem and the problem got larger and larger. We’re making progress. Everyone’s concern is the American artist.”

A key AFL-CIO official said that arts service organizations and a National Endowment for the Arts advisory council distorted the effects of the new visa proposals and created a “hysterical” atmosphere by suggesting that entire ballet companies, opera organizations and symphonies might be prevented from working in the U.S.

“I don’t think there’s much of a controversy, to begin with,” said Jack Golodner, president of the AFL-CIO’s department for professional employees. “On balance, when the dust settles, everybody will realize that these changes are not really changes, but clarifications.”

The immigration law requires the INS rules to go into effect Oct. 1, a deadline INS officials say may be difficult to meet because legal requirements for public comment, and the large number of protests from arts groups and subsequent White House inquiries, are slowing down the process. But they do feel there is some give.

“This is not cut in stone. Proposed rules are just ideas and the public is expected to comment,” said an INS official who asked for anonymity. “But it would be nice to be able to get these regs out. It’s very frustrating” to have them bottled up.

On Capitol Hill, staff members representing Sen. Edward M. Kennedy (D-Mass.) and Reps. Romano Mazzoli (D-Ky.) and Pat Williams (D-Mont.) were reportedly studying what are called “technical amendments” to the law that provides for the new rules.

Among other provisions in the rules being discussed:

* A rule that every member of a visiting foreign company be a member of the company for at least a year to qualify for a visa. Arts groups complained the requirement ignored realities of turnover among performers. The AFL-CIO’s Golodner said it “seemed a little rigid.”

* Requirements that foreign performers prove they have achieved international prominence before they can be admitted to the United States. Arts groups complained that the rules were too inflexible and could prevent young or emerging artists from performing here.

* Numerical limits on the numbers of performers allowed into the United States each year. The strictures, which would hold some visa categories to 25,000 performers a year, were criticized by arts groups.

* A requirement that labor unions be consulted any time a foreign performer applies for a visa. Union recommendations are not binding on the agency, the INS said.