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Immigration Daily

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Legal Citations for ILW.COM's Seminar
"Immigration For The Spirit, Body, And Soul: Entertainers/Artists/Athletes, Chefs/Cooks, Religious Workers"
Part 1 held on August 27, 2003

For more info, or to signup online, click here.
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From Jonathan Ginsburg

  • INA Section 101(a)(46) defines "extraordinary ability" in the case of the arts as "distinction."
  • 9 FAM Section 41.31 contains various notes of relevance to artists and athletes seeking entry on B visas, including:
    • N6.4 Professional Athletes
    • N6.8 Horse Races
    • N8.1 Entertainers
    • N8.1-1 Participants in Cultural Programs or International Competitions
    • N8.1-2 Still Photographers
    • N8.1-3 Musicians
    • N8.1-6 Artists
    • N10.7 Amateur Entertainers and Athletes
  • 9 FAM Section 41.55 covers O Nonimmigrants
    • N5.1 O-1 Nonimmigrants (not subject to 214(b))
    • N10.2 Substituting Beneficiaries (not permitted for O-1 or O-2)
  • 9 FAM Section 41.56 covers P Nonimmigrants
    • N9.1 Residence Abroad Requirement
    • N11.8 Substituting Beneficiaries
  • 8 CFR Section 1214.2(o) implements the O classifications. See Sections 1214.2(o)(2)(i) and (iv) for jurisdictional considerations
  • 8 CFR Section 1214.2(p) implements the P classifications. See Sections 1214.2(p)(2)(i) and (iv) for jurisdictional considerations

I misspoke a bit respecting the DOL Schedule A Group II procedure. Schedule A Group II, as defined at 20 CFR Section 656.3, does NOT include aliens in the performing arts. Aliens who qualify for Schedule A treatment follow the procedures at 20 CFR 656.22, including filing directly with BCIS, not with DOL.

Applications for permanent labor certifications for occupations designated for "special handling" are different. These are governed by 20 CFR Section 656.21a. Aliens in the performing arts, including athletes, qualify for special handling, provided they can meet the evidentiary and documentary standards for exceptional ability as set forth in that section. Special handling labor certs are supposed to be filed with the SESA, but then in theory are transmitted quickly to the national office.

Additional information on Schedule A Group II and special handling can be found in the DOL's Technical Assistance Guide (TAG) no. 656.

From Frieda Wong

Guidance on the Adjudication of O-1 and P Petitions Filed for Extension of Stay and the term "event" memorandum. Thomas E. Cook, Acting Assistant Commissioner (October 17, 2001).

Summary of October 3, 2002 ISD Teleconference - "ISD agrees that the one year limit should not apply to petitions by new O-1 employers or to petitions by the same O-1 employer for a new event or activity." AILA Doc. No. 02110470 (Nov. 4, 2002).

CSC Compares Requirements for E11 and O1 - "The California Service Center compares the requirements for classification of E11 immigrants with O1 non-immigrants. The comparison looks at regulatory definitions, statutory requirements, and required evidence." AILA Doc. No. 01050306 (May 3, 2001).