State Department warns journalists to obtain ‘I’ visas

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.

Three offices to serve you: LOS ANGELES: (818) 543-5800; SAN FRANCISCO: (650) 827-7888; PHILIPPINES: 894-0258 or 894-0239

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WEBSITE: www.gurfinkel.com