| A citizen of a foreign country, who wishes to enter the United States, generally must first obtain a visa, either a nonimmigrant visa for temporary stay, or an immigrant visa for permanent residence. The type of visa you must have is defined by immigration law, and relates to the purpose of your travel. The "media (I)" visa is a nonimmigrant visa for persons desiring to enter the United States temporarily who are representatives of the foreign media traveling to the United States, engaging in their profession, having a the home office in a foreign country. Some procedures and fees under immigration law, relate to policies of the travelers home country, and in turn, the U.S. follows a similar practice, which we call “reciprocity”. Procedures for providing media visas to foreign media representatives of a particular country, consider whether the visa applicants own government grants similar privileges or is reciprocal, to representatives of the media or press from the United States. Changes introduced shortly after September 11, 2001 involve extensive and ongoing review of visa issuing practices as they relate to our national security. Visa applications are now subject to a greater degree of scrutiny than in the past. So it is important to apply for your visa well in advance of your travel departure date. A visa allows a foreign citizen to travel to the United States port-of entry, and request permission of the U.S. immigration inspector to enter the U.S. A visa does not guarantee entry into the U.S. Qualifying for a Media (I) Visa The Immigration and Nationality Act (INA) is very specific with regard to the requirements, which must be met by applicants to qualify for the media (I) visa. Applicants must demonstrate that they are properly qualified to be issued a media visa. Under immigration law, media visas are for “representatives of the foreign media,” including members of the press, radio, film or print industries, whose activities are essential to the foreign media function, such as reporters, film crews, editors and persons in similar occupations, traveling to the U.S. to engage in their profession. The consular officer will determine whether or not an activity qualifies for the media visa. The activity must be essentially informational, and generally associated with the newsgathering process, reporting on actual current events, to be eligible for the media visa. As an example, reporting on sports events are usually appropriate for the media visa. Examples include, but are not limited to, the following media related kinds of activities: - Primary employees of foreign information media engaged in filming a news event or documentary.
- Members of the media engaged in the production or distribution of film will only qualify for media visa if the material being filmed will be used to disseminate information or news. Additionally, the primary source and distribution of funding must be outside the United States
- Journalists working under contract- Persons holding a credential issued by a professional journalistic organization, if working under contract on a product to be used abroad by an information or cultural medium to disseminate information or news not primarily intended for commercial entertainment or advertising. Please note that a valid employment contract is required.
- Employees of independent production companies when those employees hold a credential issued by a professional journalistic association.
- 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.
- Accredited representatives of tourist bureaus, controlled, operated, or subsidized in whole or in part by a foreign government, who engage primarily in disseminating factual tourist information about that country, and who are not entitled to A-2 visa classification.
- Technical industrial information- Employees in the United States offices of organizations which distribute technical industrial information.
Additionally, as nonimmigrants, applicants must demonstrate that: - That they plan to remain in the U.S. for a temporary, specific, limited period;
- Evidence of funds to cover expenses in the United States ;
- Evidence of compelling social and economic ties abroad; and other binding ties which will insure their return abroad at the end of the visit.
Spouses and/or children under the age of 21 who wish to accompany or join the principal media visa holder in the United States for the duration of his/her stay require media visas (derivative I visas). The application procedure is the same as for a primary media visa applicant. If the spouse and/or children apply for visas at a later date, a copy of the principal visa holder's media visa must be furnished with the application. The spouse and/or children of a media visa holder here in the U.S. may not work. If employment is desired, the appropriate work visa will be required. The spouse and/or children of a media visa holder who are in the U.S. on a media visa may study in the U.S. without also being required to apply for a student (F-1) visa. 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 without a visa under the Visa Waiver Program. Applying for a Media Visa - Required Documentation As part of the visa application process, an interview at the embassy consular section is required for most visa applicants. As part of the visa interview, a quick, two-digit, ink-free fingerprint scan can generally be expected, as well as a digital photo. The waiting time for an interview appointment for most applicants is a few weeks or less, but for some embassy consular sections it can be considerably longer. Each applicant for a media visa must submit these forms and documentation, and submit fees as explained below: - An application, Nonimmigrant Visa Application, Form DS-156, completed and signed. The DS-156 must be the February 2003 date, either the electronic "e-form application" or the non-electronic version. Select Nonimmigrant Visa Application Form DS-156 to access both versions of the DS-156. Applicants are strongly encouraged to submit the electronic version of the DS-156.
- A Supplemental Nonimmigrant Visa Application, Form DS-157 provides additional information about your travel plans. Submission of this completed form is required for all male applicants between 16-45 years of age. It is also required for all applicants from state sponsors of terrorism age 16 and over, irrespective of gender, without exception. Seven countries are now designated as state sponsors of terrorism, including North Korea, Cuba, Syria, Sudan, Iran, Iraq, and Libya. Select Special Processing Procedures to learn more. You should know that a consular officer may require any nonimmigrant visa applicant to complete this form. Here is Form, DS-157.
- A passport valid for travel to the United States and with a validity date at least six months beyond the applicant's intended period of stay in the United States. If more than one person is included in the passport, each person desiring a visa must make an application;
- One (1) 2x2 photograph. See the required photo format explained in Nonimmigrant Photograph Requirements.
- Proof of employment – Provide the following:
- Staff Journalist : A letter from the employer that gives the employees 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 shows the employees 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.
What are the Required Fees? - Nonimmigrant visa application processing fee - Each applicant for a visitor visa must pay a nonrefundable US $100 nonimmigrant visa application processing fee.
- Visa issuance fee – Additionally, if the visa is issued, there will be an additional visa issuance reciprocity fee, if applicable. Please consult the Visa Reciprocity Tables to find out if you must pay a visa issuance reciprocity fee and what the fee amount is. If there is a fee for issuance for the visa, it is equal as nearly as possible to the fee charged to United States citizens by the applicant's country of nationality.
Additional Documentation It is important that you refer to the Embassy Consular Section web site in the travelers country of residence to determine visa processing timeframes and instructions, learn about interview scheduling, and find out if there are any additional documentation items required. Learn more by contacting the Embassy Consular Section. Applicants must demonstrate that they are properly classifiable as visitors under U.S. law by: - Evidence which shows the purpose of the trip, intent to depart the United States, and arrangements made to cover the costs of the trip may be provided. Documents from the United States, such as letters of invitation, when provided directly to the applicant to submit, although not required, can be included as supporting documentation for a nonimmigrant visa application. The letter can serve to provide information, which explains the purpose and specific plans for the intended travel, including an explanation of any funding provided for the applicant. This letter cannot guarantee the issuance of a visa. Applicants for nonimmigrant visas must show that they qualify individually on their own merit, under provisions of the Immigration and Nationality Act. Applicants must demonstrate that they are properly classifiable as non-immigrants under U.S. law and not on the basis of an American sponsor's assurance. It is impossible to specify the exact form and format the documentation should take since applicants' circumstances vary greatly.
- Those applicants who do not have sufficient funds to support themselves while in the U.S. must present convincing evidence that an interested person will provide support.
- Depending on individual circumstances, applicants may provide other documentation substantiating the trip's purpose and specifying the nature of binding obligations, such as employment, which would compel their return abroad.
Citizens from a country participating in the Visa Waiver Program (VWP), who want to enter the United States temporarily, as representatives of the foreign media traveling to the United States, engaging in their profession, as media or journalists, must first obtain a media visa to come to the U.S. They cannot travel without a visa on the Visa Waiver Program. Those who attempt to do travel without a visa, on the Visa Waiver Program may be denied admission to the United States by the Department of Homeland Security, U.S. immigration inspector at the port of entry. For more information on VWP, see Visa Waiver Program. When Can a Visitor Visa Be Used? Media representatives who are going to the U.S. to attend conferences or meetings as a participant and will not report about the meeting, either while in the U.S. or upon their return, can travel on a visitor visa. The distinction in immigration law is whether they will be “engaging in their vocation”. Additionally, a visitor visa can be used by employees to purchase U.S. media equipment or broadcast rights or take orders for foreign media equipment or broadcast rights, since they are considered ordinary business visitors. Likewise, a foreign media journalist, who does not have a media visa, can take vacation to the U.S. on a visitor visa, and would not need a media visa, as long a he/she would not be reporting on something newsworthy. Activities Which Do Not Qualify for a Media Visa While certain activities clearly qualify for the media visa, as they are informational and newsgathering in content, many do not. Each application 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 media visa, the consular officer will focus on whether the activity is essentially informational, and whether it is generally associated with the news gathering process. The activities listed below, are shown as examples, which would not qualify for a media visa, and would require a temporary worker type visa, such as the H, O, or P visa. Select Temporary Workers to go to the Department of Homeland Security, USCIS Website to learn about temporary worker requirements and procedures for filing the petition, which must be approved by USCIS, prior to applying for the visa. For visa information, select Temporary Worker Visas to learn more. - Material for commercial entertainment or advertising purposes- A media visa cannot be used to film material, or for employees who will work on a film, which will be used primarily for commercial entertainment or advertising purposes. A temporary worker visa is required.
- Proofreaders, librarians, set designers - People involved in associated activities such as proofreaders, librarians, set designers, etc., are not eligible for media visas and may qualify under another classification, such as H, O, or P visas.
- Stories which are staged events, television and quiz shows - 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 media visa. Television, radio, and film production companies may wish to seek expert counsel from an immigration attorney who specializes in media work for specific advice tailored to the current project.
- Artistic media content production - Media representatives who will travel to the U.S. in order to participate in the production of artistic media content (in which actors are used) will not qualify for a media visa. Television, radio, and film production companies may wish to seek expert counsel from an immigration attorney who specializes in media work for specific advice tailored to the current project.
Additional Information - 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.
- A media visa holder can travel to the U.S. for media purposes and, as part of the trip, take a vacation in the United States.
- Unless previously canceled, a visa is valid until its expiration date. Therefore, if the traveler has a valid U.S. visitor visa in an expired passport, do not remove the visa page from the expired passport. You may use it along with a new valid passport for travel and admission to the United States.
Misrepresentation of a Material Facts, or Fraud Attempting to obtain a visa by the willful misrepresentation of a material fact, or fraud, may result in the permanent refusal of a visa or denial of entry into the United States. Classes of Aliens Ineligible to Receive Visas provides important information about ineligibilities. Visa Ineligibility/ Waiver The Nonimmigrant Visa Application, Form DS-156, lists classes of persons who are ineligible under U.S. law to receive visas. In some instances an applicant who is ineligible, but who is otherwise properly classifiable as a visitor, may apply for a waiver of ineligibility and be issued a visa if the waiver is approved. Classes of Aliens Ineligible to Receive Visas provides important information about ineligibilities, by reviewing sections of the law taken from the immigration and Nationality Act. Visa Denials If the consular officer should find it necessary to deny the issuance of a visitor visa, the applicant may apply again if there is new evidence to overcome the basis for the refusal. For additional information, select Denials to learn more. In the absence of new evidence, consular officers are not obliged to re-examine such cases. Entering the U.S. - Port of Entry Applicants should be aware that a visa does not guarantee entry into the United States. The visa allows a foreign citizen to travel to a port-of-entry in the United States, such as an international airport, a seaport or a land border crossing, and request permission to enter the U.S. The Department of Homeland Security, Customs and Border Protection, U.S. immigration inspector will permit or deny admission to the United States, and determine your length of stay in the U.S., on any particular visit. Upon arrival, you will be enrolled in the US-VISIT entry-exit program. In addition, some travelers will also need to register their entry into the U.S. and departure. Select Special Registration to learn more. If you are allowed to enter, the U.S. immigration official authorizes the traveler's admission to the U.S. At that time, Form I-94, Record of Arrival-Departure, which notes the length of stay permitted, is validated by the immigration official. Form I-94, which documents your authorized stay in the U.S., is very important to keep in your passport. To find out more detailed information about admissions and entry in the U.S., select Admissions to go to the Department of Homeland Security, Bureau of Customs and Border Protection Internet site. How Do I Extend My Stay? Those visitors who wish to stay beyond the time indicated on their Form I-94 must contact the Department of Homeland Security's Bureau of Citizenship and Immigration Services to request an application to extend status. The decision to grant or deny a request for extension of stay is made solely by the Bureau of Citizenship and Immigration Services. Learn more about Extension of Stay. To visit the Department of Homeland Security's, Bureau of Citizenship and Immigration Services Internet site to find out more detailed information, select How Do I Extend My Stay in the United States? Further Visa Inquiries - Questions on visa application procedures and visa ineligibilities should be made to the American consular office abroad by the applicant. Before submitting your inquiry, we request that you carefully review this web site and also the Embassy Consular web site abroad. Very often you will find the information you need.
- If your inquiry concerns a visa case in progress overseas, you should first contact the U.S. Embassy or Consulate handling your case for status information. Select U.S. Embassy or Consulate, and you can choose the Embassy or Consulate Internet site you need to contact.
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(April 2004) |
