ILW.COM - the immigration portal Immigration Daily

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers

Home Page

Advanced search


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

Chinese Immig. Daily

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily

 

Chinese Immig. Daily



The leading
immigration law
publisher - over
50000 pages of free
information!

Copyright
©1995-
ILW.COM,
American
Immigration LLC.

Immigration Daily: the news source for
legal professionals. Free! Join 35000+ readers
Enter your email address here:



< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

P 192023Z JUL 04
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS PRIORITY
SPECIAL EMBASSY PROGRAM PRIORITY
AMEMBASSY DUSHANBE PRIORITY
AMEMBASSY BAGHDAD PRIORITY
AMEMBASSY KHARTOUM PRIORITY
AMEMBASSY KABUL PRIORITY
AMEMBASSY BUJUMBURA PRIORITY
INFO HQ BICE INTEL WASHINGTON DC//DIR INTL AFF// PRIORITY 5603

UNCLAS STATE 156841


VISAS, ATTENTION: OIE 428 PROGRAM

E.O. 12958: N/A
TAGS: CVIS
SUBJECT: (N0287604): AO: INA 101(a)(15)(I): REVISION OF 9
FAM 41.52 N2.2: CREDENTIALING REQUIREMENT FOR FOREIGN
MEDIA EMPLOYEES OF INDEPENDENT PRODUCTION COMPANIES

REF: (A) OTTAWA 624 (NOTAL); (B) 9 FAM 41.52

1. This cable has been cleared by SEP.

2. Summary. 9 FAM 41.52 N2.2 has been revised to grant I status to uncredentialed alien media representatives who satisfy the definition of "foreign media representative" in 9 FAM 41.52 N1 where the sending country does not have a credentialing authority, or where the credentialing authority does not have jurisdiction over the class of journalists to which the alien belongs. End Summary.

3. INA 101(a)(15)(I) authorizes I nonimmigrant classification, upon a basis of reciprocity, to an alien who is a bona fide representative of foreign press, radio, film, or other foreign information media who seeks to enter the United States solely to engage in such vocation. Under present guidance, I classification may be accorded not only to primary employees of foreign information media engaged in filming a news event or documentary, but also to the employees of independent production companies when those employees hold a credential issued by a professional journalistic association. 9 FAM 41.52 N2.2.

4. According to a survey conducted by AmEmbassy Ottawa, credentialing is not available to the employees of independent production companies in many countries, including the United States and Canada. As a result, many aliens who satisfy the definition of "foreign media representative" contained in 9 FAM 41.52 N1 are unable to obtain I visas or, in the case of Canadian media representatives, I status at a port of entry.

5. Because I status is reciprocity-based, and because the U.S. itself has no credentialing authority for the employees of independent production companies, the Department of State and DHS have determined that it is inappropriate to deny I status to the employees of independent production companies who otherwise qualify as foreign media representatives simply because a journalist credential is unavailable. Accordingly, the Department and DHS agree that where an alien satisfies the definition of "foreign media representative" in 9 FAM 41.52 N1, and where the sending country does not have a credentialing authority, or where the credentialing authority does not have jurisdiction over the class of journalists to which the alien belongs, that alien qualifies for I status.

6. To ensure that this principle is applied worldwide, 9 FAM 41.52 N2.2 is amended to read as follows:

9 FAM 41.52 N2.2 Employee of Independent Production Company

I classification may be accorded not only to primary employees of foreign information media engaged in filming a news event or documentary, but also to the employees of independent production companies if the employees either: 1) hold a credential issued by a professional journalistic association, or

2) if no such credential is available, i.e., the sending country has no credentialing authority or the credentialing authority in the sending country does not offer credentialing to the class of media representatives to which the employees belong, the employees satisfy the definition of "representatives of foreign media" in 9 FAM



Immigration Daily: the news source for
legal professionals. Free! Join 35000+ readers
Enter your email address here: