H1B Visa News April 2010

The Fy2011 H1B visa season which began on April 1, 2010 has just passed the one and a half week mark and the USCIS has released it first update regarding the H1B visa quota numbers.

So as of April 8, 2010, the USCIS has received 13,500 petitions to count towards the general 65,000 H1B visa cap. Additionally 5,600 petitions have been received for the US Advanced Degree exemption quota portion of 20,000. It should be noted that if the advanced degree quota fills up, then those petitions go into the pool for the regular 65,000 cap.

So it would seem that there is plenty of visas still available and judging by the moderate amount of applications received thus far, traditional H1B visa sponsor companies are still nowhere the levels of hiring they were in 2006-8,

This would seem to agree with the economy at large whereby, that while layoffs have in the main ceased and economic growth occurring, the levels of unemployment are still high with only certain sectors really aggressively hiring like Technology, Education and Health. Finance is certainly in a better place than any time in the last 18 months to 2 years in terms of openings.

As an additional note from the USCIS;

Should USCIS receive the necessary number of petitions to meet the cap, it will issue an update to advise the public, that the FY 2011 H-1B cap has been met as of a certain date (the “final receipt date”). The final receipt date will be based on the date USCIS physically receives the petition, not the date that the petition has been postmarked. The date USCIS informs the public that the cap has been reached may differ from the actual final receipt date.

To ensure a fair system, USCIS may randomly select the number of petitions required to reach the numerical limit from the petitions received on the final receipt date. USCIS will reject cap subject petitions that are not selected, as well as those received after the final receipt date.

For cases filed for premium processing during the initial five-day filing window of April 1-7, the 15-day premium processing period began April 7. For cases filed for premium processing after the filing window, the premium processing period begins on the date that the petition is physically received at the correct USCIS Service Center.

Also it is good to note the change of address for sending applications here.
Finally for the official USCIS link about FY2011 H1B visa season, click here.

CJ

I Visa For Foreign Media, Journalists & Film Crews

Are you a journalist? Are you a member of the press, radio, film or print industries? Are there current news events in the United States that you need to work on for your profession? If you answered “yes,” then you may be able to obtain the media (I) visa. It is a non-immigrant visa for representatives of the foreign media temporarily traveling to the United States (U.S.), to engage in their profession while having their home office in a foreign country.

Do you qualify for a Media (I) Visa? Applicants have to demonstrate that they are properly qualified for a media visa, as a “representative of the foreign media.” Media visas are usually issued to members of the press, radio, film or print industries, whose activities are important to the foreign media function, such as reporters, film crews, editors and persons in similar occupations engaged in qualifying activity. The activity must be basically for information, and generally connected with gathering news and reporting on actual current events. Consular officers determine whether or not an activity qualifies for the media visa. An example of a qualifying activity is reporting on sports events. The following is a non-exhaustive list of media related kinds of activities:

  • Filming of a news event or documentary by employees of foreign information media.
  • Production or distribution of film (funded by non-U.S. sources) used to disseminate information or news.
  • Working on a product to be used abroad by an information or cultural medium for distribution of news not primarily for commercial entertainment or advertising by journalists contracted by a professional journalistic organization.
  • Work by independent production company employees holding credentials issued by a professional journalistic association.
  • Reporting on U.S. events for a foreign audience by foreign journalists working for an overseas branch office or subsidiary of a U.S. network, newspaper or other media.
  • Distribution of factual tourist information about a foreign country by accredited representatives of tourist bureaus, controlled, operated, or subsidized in whole or in part by a foreign government.
  • Distribution of technical industrial information by employees in the U.S. offices of organizations.

What if I am a national from a country designated for the Visa Waiver Program? As a representative of the foreign media traveling to the United States, engaging in your profession as part of the media or a journalist, you must first obtain a media visa to come to the U.S. You cannot travel without a visa on the Visa Waiver Program, and by attempting to, you may be denied admission to the U.S. by the Department of Homeland Security at the port of entry.

What do I need to show to get an I-visa?

  • A valid passport for travel to the United States not expiring within 6 months beyond the amount of time you intend to stay in the U.S.
  • Proof of employment – If you are a:

Staff Journalist:

  • Bring a letter from your employer with your name, the position you hold within the company, why you’re going to the U.S. and how long you intend to stay in the U.S.

Freelance Journalist under contract to a media organization:

  • Bring a copy of your contract with the organization, which shows your name, the position you hold within the company, why you’re going to the U.S., how long you intend to stay in the U.S and how long your contract is for.

Media Film Crew member:

  • Bring a letter from your employer with your name, the position you hold within the company, the title and short description of the program you’re filming and how long you need to film in the U.S.

Part of an independent production company under contract to media organization:

  • Bring a letter from the organization assigning the work which shows the name, title and brief description of the program you’re filming, how long you need to film in the U.S. and how long your contract is for.

Can Spouses and Children of an I-visa holder accompany him/her to the U.S.? Yes, Spouses and/or children under the age of 21 may apply for a media visa to accompany the principal media visa holder in the U.S. for the duration of his/her stay. However, the spouse and children may not work in the U.S. without a temporary work visa. They may also study in the U.S. without also being required to apply for a student F-1 visa. If the spouse and/or children do not intend to reside in the United States with the principal visa holder, but just intend to visit for a vacation, they may be eligible to apply for visitor (B-2) visas.

Restrictions:

  • You cannot use a media visa to film material for commercial entertainment or advertising purposes. A temporary worker visa is required.
  • If you are a proofreader, librarian or a set designer, you are not eligible for a media visa. However, you may qualify under a different classification. (Ask us about the H1B, O or P visa).
  • Staged shows, reality shows, and quiz shows generally do not involve journalism-members of production companies filming these types of shows are not eligible for a media visa.
  • Media representatives participating in media content in which actors are used are not eligible for the media visa.

 

Guest Post Author

Naresh M. Gehi
Immigration Attorney