| I Visas |
|
|
I Visas – Foreign Media and Press The I visa is a nonimmigrant visa for persons entering the United States temporarily who are representatives of the foreign media traveling the U.S. to engage in their profession. The I visa has a few key advantages over other visa categories including:
What qualifies a recipient for an I Visa? The Immigration and Nationality Act (INA) has specified what qualifications must be met by foreign media to obtain an I visa:
Who is eligible for an I visa? The INA categorizes certain individuals of the media who could qualify for an I visa: Members of the media engaged in the production or distribution of film will only qualify for a media visa if the material being filmed will be used to disseminate information or news. Additionally, the primary source and distribution of funding must be outside the United States Primary employees of foreign information media engaged in filming a news event or documentary. Journalists working under contract- Persons holding a credential issued by a professional journalistic organization, if working under contract on a product to be used abroad by an information or cultural medium to disseminate information or news not primarily intended for commercial entertainment or advertising. Please note that a valid employment contract is required. Employees of independent production companies when those employees hold a credential issued by a professional journalistic association. Foreign journalists working for an overseas branch office or subsidiary of a U.S. network, newspaper or other media outlet if the journalist is going to the United States to report on U.S. events solely for a foreign audience. Accredited representatives of tourist bureaus, controlled, operated, or subsidized in whole or in part by a foreign government, who engage primarily in disseminating factual tourist information about that country, and who are not entitled to A-2 visa classification. How can I apply for an I visa? Each candidate must submit the following forms at a US consulate:
Who is not eligible for an I visa?
I have heard I can enter on a visitor visa? It used to be much easier for journalists to enter on visitor visas or visa waivers. But today, CBP examiners at the border are routinely denying entry to journalists without proper visas. Officers are, however, given the discretion to grant a onetime B status with the warning that all future entries must be on the proper visa. This authority is, of course, discretionary and ideally the journalist will enter on the I visa or another proper work visa. How many people enter on I status each year? Approximately 32,000 including spouses and children. Who may pay the employee – the foreign entity or the US entity? According to the State Department, either can. Whether the US entity must be wholly owned by the foreign entity is not clear. Do I have to show I have a residence abroad I am maintaining? No. You do not need to show you have a residence you do not intend to abandon. How long will I be able to stay on my I visa? You will be admitted for "duration of status" which means that you can stay as long as you work in your approved employment. The fact that one has "duration of status" annotated on their I-94 means that an extension will not be necessary. The same holds true for family members who are also admitted for "duration of status." Can I change from another visa status in the US to I status? Yes, this is possible and can be done using the I-539 change of status petition. Can my spouse or child work? No. However, the Department of Homeland Security will not deem such work to violate status for deportation purposes. Note, however, that unauthorized work might very well make someone ineligible for adjustment of status and that may force an applicant to have to pursue a green card at a consulate abroad. Can I change employers or information medium after arriving in I status? Not without getting permission of USCIS first. The regulations give no guidance on how this is to be accomplished except that the local office District Director would give such permission. |