| 
STATE DEPARTMENT WARNS JOURNALISTS TO OBTAIN ‘I’ VISAS
by Michael J. Gurfinkel, Esq.
The State Department has noted an increasing number of cases of
foreign journalists being denied entry at port of entries in the
United States (i.e. airport) after attempting to enter on a Visitor’s
Visa (B Visa) or under the Visa Waiver Program (VWP).
The State Department has, therefore, advised its
consular posts to remind the general public that journalists coming
to the U.S. on assignment from their home offices, or for the
purpose of pursuing their profession, cannot enter on a Visitor’s
Visa or Visa Waiver Program. (The VWP allows nationals of designated
countries (the Philippines is not included) to enter the U.S.
without a visa for tourism or business purposes, for a period
not to exceed 90 days. Visitor’s visas (B visas), on the
other hand, are limited to tourism and business purposes.)
Under U.S. immigration law, aliens who intend to
come to the U.S. to practice journalism must first obtain an “I”
visa or they could be denied entry or be subject to removal (deportation).
Many Filipino journalists take this law for granted
and, thinking that since they already have a valid multiple-entry
“B” visa anyway, they can just fly to the U.S. to
cover a specific event for their publication or media outfit,
on their B visa. Some unknowingly commit this violation because
they usually don’t have the time to do the paperwork for
an “I” visa.
However, as the State Department noted, some journalists
were denied entry to the U.S. because they tried to enter the
U.S. on a visitor’s visa when they intended to practice
their profession by interviewing celebrities, or covering sports
or other special events. “But I have a valid visitor’s
visa,” one argued, to no avail.
Many people think that a “B” visa is
an all-encompassing visa that allows a person to enter the United
States for virtually any purpose. Some enter the U.S. using a
“B” visa with an intention to work, including entertainers
and writers. Some “B” visa holders think they can
enroll in U.S. schools, or seek employment.
Journalists are no exception. Some journalists come
to the U.S. to interview movie personalities, or to cover golf,
boxing, marathon or other sports events. Others are covering the
visit of government delegations, or following up on an investigative
report, or to cover other important events that need to be reported
back to their home country. And they think they can do these activities
with their valid “B” visas.
However, there is a specific visa for virtually
every reason or purpose in coming to the U.S. For example, a college
graduate seeking to work temporarily in the U.S. in a college
level job must get an “H” (working) visa. An artist
wishing to perform in a concert must obtain an “O”
(entertainer’s) Visa. A student needs to get an “F”
(student) visa. An executive or manager working for a multi-national
company, coming to a branch office in the U.S. needs to obtain
an “L” visa.
Persons who need an “I” visa to enter
the United States are:
1. Bona fide representatives of foreign press, radio,
film, or other foreign information media whose activities are
essential to the foreign media information function, such as reporters,
film crews, editors, columnists, video tape editors, and persons
in similar occupations. (Note: Employees of foreign media whose
functions are not essential to news or information dissemination,
such as proofreaders, are not entitled to an “I” visa.)
2. Those engaged in the production or distribution
of film and/or video of informational and educational nature.
(Note: Those who intend to work on entertainment-related materials
cannot be classified for an “I” visa.)
3. Those working for independent production or news
companies who hold credentials issued by a professional journalistic
association.
4. Those working for tourist bureaus that are controlled,
operated or subsidized in whole or in part by a foreign government,
and who engage primarily in disseminating factual tourist information
about that country.
5. Those working for international or foreign organizations
with offices in the U.S. which distribute technical industrial
information.
6. The spouse and children of an alien qualified
for an “I” visa.
Holders of an “I” visa, including their
spouse and children, are a privileged lot. Unlike most non-immigrant
aliens in the U.S. (who are given a set time period in which they
can stay in the U.S.), “I” visaholders are allowed
to stay for an indefinite period of time (or “duration of
status”), for as long as they are working on assignment
from their home office. In addition, their spouses and children
can work, without having to obtain an “H” (working)
visa. Also, “I” visa holders need not maintain a residence
in their home country.
With all these special privileges, and in light
of these new warnings from the State Department about using B
visas, journalists would be advised to apply for an “I”
visa, if they are qualified and going to the U.S. on a legitimate
media assignment.
Back
to Main
|
