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Types of Visa Classes
Journalists
and Media: I
Description
If you are a representative of a press, film or other information
organization, and you are traveling to the United States as a foreign
media representative, you may be eligible for an I visa.
Qualifications
Members of the media engaged in the production or distribution of
film, including employees of independent production companies, will
qualify for I visas only if the material being filmed will be used
to disseminate information or news. Definition of the term representative
of the foreign media includes, but is not limited to, members of
the press, radio, or film whose activities are essential to the
foreign media function, such as reporters, film crews, editors and
persons in similar occupations. It is important to note that only
those whose activities are generally associated with journalism
qualify for I visas. People involved in associated activities such
as proofreaders, librarians, set designers, etc. will require O,
P or H visas.
While certain activities clearly qualify for an I visa as they are
informational in content, many do not and must be considered in
the full context of their particular case. In making the determination
as to whether or not an activity qualifies for an I visa, we focus
on two issues: is the activity essentially informational, and is
it generally associated with the news gathering process? As a general
rule, stories that report on events, including sports events, are
essentially informational and are usually appropriate I visa activities.
Stories that involve contrived and staged events, even when unscripted,
such as reality television shows, and quiz shows are not primarily
informational and do not generally involve journalism. Similarly
documentaries involving staged recreations with actors are also
not considered informational. Members of the team working on such
productions will not qualify for I visas. They will require the
appropriate employment-based (H, O or P) visas. Television, radio,
and film production companies may wish to seek expert counsel from
an immigration attorney who specializes in media work for specific
advice tailored to their current project.
Media representatives, who are going to the United States to attend
conferences or meetings as a participant and will not report about
the meeting, either while in the United States or upon their return,
can travel on a visitor (B-2) visa. The distinction in immigration
law is whether they will be "engaging in their vocation." Additionally
a B-2 visa can be used by employees to purchase U.S. media equipment
or broadcast rights or take orders for foreign media equipment or
broadcast rights, since they are considered ordinary business visitors.
Likewise, a foreign media journalist who does not have an I visa
can vacation in the United States on a B-2 visa and would not need
an I visa as long as s/he would not be reporting on something newsworthy.
Important: Freelance journalists will only be considered
for an "I visa" if they are under contract to a media organization.
What about projects of a commercial or entertainment value?
If the film project is of commercial or entertainment value, the
appropriate employment-based O, P or H visa will be required which
will involve obtaining employment authorization and an approved
petition from DHS.
What about journalists working for a U.S. media organization?
Foreign journalists working for an overseas branch of a U.S. network,
newspaper or other media outlet, are not precluded from applying
for an I visa, provided they are coming to the United States solely
to report on U.S. news events for a foreign audience and they will
continue to be paid by the foreign based office. If the journalist
is to replace or augment an American journalist reporting on events
in the United States for a U.S. audience, then the appropriate employment-based
(O or H) visa will be required.
What about still photographers?
Still photographers are permitted to enter the United States with
B-1 visas for the purpose of taking photographs, provided that they
receive no income from a U.S. source.
Other Information
Dependents: Spouses and/or unmarried children under the age of 21
who wish to accompany or join the principal visa holder in the United
States for the duration of his/her stay require derivative I visas.
Spouses and/or children who do not intend to reside in the United
States with the principal visa holder, but visit for vacations only,
may be eligible to apply for visitor (B-2) visas.
Spouses and dependents may not work in the United States on a derivative
I visa. If seeking employment, the appropriate work visa will be
required.
Application Items
Applicants must demonstrate strong financial, social, and family
ties abroad that will compel them to return after the purpose of
the trip ends.
Documents required:
All required documents for any non-immigrant visa plus:
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Press card/credentials;
- Letter from employer indicating the purpose
of the trip, the intended length of the mission, the number of years with the
employer and of journalism experience.
Supporting documents:
Show evidence establishing that the applicant's stay in the United
States will be temporary. For examples, go to the B-1/B-2 section.
Dependents:
All required documents for any non-immigrant visa plus:
- Original marriage (spouse) and/or birth certificates (unmarried
children under 21) as applicable;
- If not applying at the same time as the principal applicant:
A copy of the principal applicant's passport and his/her U.S.
Visa. If a copy of the passport is submitted, it should be legible
and the photo clearly identifiable; and
- A letter from the spouse's employer confirming continued employment.
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