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Other
I Visas—Members of the Media
Representatives of the foreign media
traveling on assignment to the United
States require "I" classification
visas. They are not eligible to travel
visa free under the Visa Waiver Program
or enter the United States on B-1
business visas. Those who attempt
to do so may be denied admission
to the United States by immigration
authorities at the port of entry. Important: Please
note that freelance journalists will
only be considered for the I visa
classification if they are under
contract to a media organization.
Members
of the media engaged in the production
or distribution of film, including
employees of independent production
companies, will qualify for I classification
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 the I classification
visa. 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 I
classification 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 the
I classification
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
classification 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
classification visas. They will require
the appropriate employment-based
(O, P or H) visas.
T/U (S)
S a.k.a. the "Snitch"
Visa
The S visa may be available to persons
who assist U.S. law enforcement to
investigate and prosecute crimes
and terrorist activities. These
visas are rare. The petitioner
in an S visa case must be the law
enforcement agency with which the
alien is cooperating. There
are two categories of S visas for
foreign national informants possessing
critical, reliable information regarding
(1) a criminal organization or enterprise,
or (2) a terrorist organization,
operation, or enterprise. The
length of stay for an S nonimmigrant
visa is limited to three years, and
no extension of stay is permitted,
but adjustment to legal permanent
residence is possible. The
informant's
accompanying family members—including
spouses, married or unmarried children,
and parents—may also receive
derivative S nonimmigrant visas.
T Visa for Victims of Trafficking
T visas are available to individuals
who are victims of "a severe
form of trafficking in persons."
Severe forms of trafficking include
sex trafficking of persons under
18 years of age, or recruiting or
obtaining persons for labor or services
through the use of force, fraud,
or coercion "for
the purpose of subjection to involuntary
servitude, peonage, debt bondage,
or slavery." Individuals
granted T visas may adjust to legal
permanent resident status three years
after they are granted the T visa.
Derivative visas are available to
spouses, children, or parents of
the principal immigrant.
U Visa for Victims of Crime
U visas are available to individuals
who are victims of or who possess
information concerning certain types
of criminal activity, such as domestic
violence, felonious assault, perjury,
or attempt, conspiracy, or solicitation
to commit one of the qualifying offenses.
A law enforcement official must certify
that an investigation/ prosecution
would be harmed without the assistance
of the individual or, in the case
of a child, the child's parent. Individuals
granted U visas may adjust to legal
permanent resident status three years
after they are granted the U visa.
Derivative visas are available to
spouses, children, parents, or in
some cases, siblings of the principal
applicant.
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