DOS Instructs on I Visas for Foreign Media Employees of Independent Production Companies

P 192023Z JUL 04 FM SECSTATE WASHDC TO ALL DIPLOMATIC AND CONSULAR POSTS PRIORITY SPECIAL EMBASSY PROGRAM PRIORITY AMEMBASSY DUSHANBE PRIORITY AMEMBASSY BAGHDAD PRIORITY AMEMBASSY KHARTOUM PRIORITY AMEMBASSY KABUL PRIORITY AMEMBASSY BUJUMBURA PRIORITY INFO HQ BICE INTEL WASHINGTON DC//DIR INTL AFF// PRIORITY 5603 UNCLAS STATE 156841 VISAS, ATTENTION: OIE 428 PROGRAM E.O. 12958: N/A TAGS: CVIS SUBJECT: (N0287604): AO: INA 101(a)(15)(I): REVISION OF 9 FAM 41.52 N2.2: CREDENTIALING REQUIREMENT FOR FOREIGN MEDIA EMPLOYEES OF INDEPENDENT PRODUCTION COMPANIES REF: (A) OTTAWA 624 (NOTAL); (B) 9 FAM 41.52

1. This cable has been cleared by SEP.

2. Summary. 9 FAM 41.52 N2.2 has been revised to grant I status to uncredentialed alien media representatives who satisfy the definition of "foreign media representative" in 9 FAM 41.52 N1 where the sending country does not have a credentialing authority, or where the credentialing authority does not have jurisdiction over the class of journalists to which the alien belongs. End Summary.

3. INA 101(a)(15)(I) authorizes I nonimmigrant classification, upon a basis of reciprocity, to an alien who is a bona fide representative of foreign press, radio, film, or other foreign information media who seeks to enter the United States solely to engage in such vocation. Under present guidance, I classification may be accorded not only to primary employees of foreign information media engaged in filming a news event or documentary, but also to the employees of independent production companies when those employees hold a credential issued by a professional journalistic association. 9 FAM 41.52 N2.2.

4. According to a survey conducted by AmEmbassy Ottawa, credentialing is not available to the employees of independent production companies in many countries, including the United States and Canada. As a result, many aliens who satisfy the definition of "foreign media representative" contained in 9 FAM 41.52 N1 are unable to obtain I visas or, in the case of Canadian media representatives, I status at a port of entry.

5. Because I status is reciprocity-based, and because the U.S. itself has no credentialing authority for the employees of independent production companies, the Department of State and DHS have determined that it is inappropriate to deny I status to the employees of independent production companies who otherwise qualify as foreign media representatives simply because a journalist credential is unavailable. Accordingly, the Department and DHS agree that where an alien satisfies the definition of "foreign media representative" in 9 FAM 41.52 N1, and where the sending country does not have a credentialing authority, or where the credentialing authority does not have jurisdiction over the class of journalists to which the alien belongs, that alien qualifies for I status.

6. To ensure that this principle is applied worldwide, 9 FAM 41.52 N2.2 is amended to read as follows: 9 FAM 41.52 N2.2 Employee of Independent Production Company I classification may be accorded not only to primary employees of foreign information media engaged in filming a news event or documentary, but also to the employees of independent production companies if the employees either: 1) hold a credential issued by a professional journalistic association, or 2) if no such credential is available, i.e., the sending country has no credentialing authority or the credentialing authority in the sending country does not offer credentialing to the class of media representatives to which the employees belong, the employees satisfy the definition of "representatives of foreign media" in 9 FAM