Representatives of the foreign media traveling to the United States on assignment may be eligible for classification under the I visa category. 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. Please note that only those who are actually involved in the newsgathering process are eligible. People involved in associated activities such as proof readers, librarians, set designers, etc. are not eligible for I visas.
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Will members of the media engaged in the production or distribution of film qualify for I visas?
A2
The Immigration and Nationality Act is very specific with regard to the requirements which must be met to qualify for the I visa category. Consideration for I visas may only be given to members of the media, and freelance journalists and employees of independent production companies under contract to media organizations. Members of the media engaged in the production or distribution of film will only qualify for I visas if the material being filmed will be used to disseminate information or news and the primary source of funding and point of distribution is outside the United States
Will freelance journalists and members of independent production companies be considered for I visa classification?
A3
Please note that freelance journalists and members of independent production companies will only be considered for the I visa classification if they are under contract to a media organization.
What about projects of a commercial or entertainment value?
A4
Individuals and/or companies commissioned to work on film projects of a commercial or entertainment value, require the appropriate work visas (O, P or H) which will involve obtaining employment authorization from the office of the Immigration and Naturalization Service before applying for a visa at this Embassy.
What about journalists working for a U.S. media organization?
A5
I visas are also appropriate for foreign journalists working for an overseas branch office or subsidiary of a U.S. network, newspaper or other media outlet if the journalist is going to the United States to report on U.S. events solely for a foreign audience. If the journalist will replace or augment American journalists reporting on U.S. events for an American audience, an H or O temporary visa will be required.
a passport or other travel document valid for at least six months beyond the period of stay in the United States and with at least one blank page - the six month requirements does not apply to United Kingdom passports;
one color passport type photograph;
a completed visa application form DS-156 for each person traveling which has been endorsed by the bank to show payment of the application fee. Read more...;
a completed supplemental visa application form DS-157 (completed by males aged between 16 and 45 only), and depending on the individual's status, the following supporting documentation;
Staff Journalist - a letter from the employer which gives the following information: name; position held within the company and purpose and length of stay in the United States.
Freelance Journalist under contract to a media organization - a copy of the contract with the organization which gives the following information: name; position held within the company; purpose and length of stay in the United States and duration of contract.
Media Film Crew - a letter from the employer which gives the following information: name; position held within company; title and brief description of the program being filmed and period of time required for filming in the United States.
Independent Production Company under contract to media organization - a letter from the organization commissioning the work which gives the following information: name; title and brief description of the program being filmed; period of time required for filming in the United States and duration of contract.
Note: Freelance journalists and members of independent production companies will only be considered for the I visa classification if they are under contract to a media organization.
Important Notice: No assurances regarding the issuance of visas can be given in advance. Therefore final travel plans or the purchase of nonrefundable tickets should not be made until a visa has been issued. It is the responsibility of the traveler to ensure that he/she applies for a visa in a timely manner
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Spouses and/or 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. The application procedure is the same. If the spouse and/or children apply for visas at a later date, a copy of the principal visa holder's I visa must be furnished with the application. The holder of a derivative I visa may not work; he or she, however, may study at an academic institution.
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, or if qualified, travel visa free under the Visa Waiver Program.
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There is no requirement that the spouse and/or children of an I visa holder apply for a student (F-1) visa if they wish to study in the U.S.; they may study on a derivative I visa.
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[Compiled by Law Offices of Rajiv S Khanna]
Law
Offices of Rajiv S. Khanna, P.C
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Ph: (540)886-6321
