9 FAM 402.11
Information Media Representatives - I Visas
(CT:VISA-663; 08-22-2018)
(Office of Origin: CA/VO/L/R)
9 FAM 402.11-1 STATUTORY AND
REGULATORY Authorities
9 FAM 402.11-1(A) Immigration
and Nationality Act
(CT:VISA-1; 11-18-2015)
INA 101(a)(15)(I) (8 U.S.C. 1101(a)(15)(I)).
9 FAM 402.11-1(B) Code of
Federal Regulations
(CT:VISA-1; 11-18-2015)
22 CFR 41.52.
9 FAM 402.11-2 I Visas -
Overview
(CT:VISA-663; 08-22-2018)
Media (I) visas are for bona
fide representatives of the foreign media, including members of the
press, radio, film, and other foreign information
media, traveling temporarily to the United States to engage in activities
associated with their profession that are essential
to the work of the foreign information media. Activities in the United
States while on an I visa must be for an information media organization that has its home office in a foreign country.
Activities in the United States generally must be
associated with gathering and reporting journalistic
information, as defined below.
9 FAM 402.11-3 DefinitionS of
Information Media Representative AND "JOURNALISTIC INFORMATION"
(CT:VISA-663; 08-22-2018)
a. An Information Media Representative
potentially eligible for an I visa is an alien who:
(1) Is a bona fide representative of the foreign
press, radio, film, or other foreign information media and is traveling temporarily to the United States to
represent, as an employee or under contract to perform services for, an
organization that: (a) is engaged in the regular gathering, production or
dissemination, via print, radio, television, Internet distribution, or other
media, of journalistic information; and (b) has a home office in a foreign
country; and
(2) Seeks to enter the United States temporarily solely to engage in such a vocation.
b. "Information media representative"
includes: journalists, researchers,
producers, presenters and other on-air personnel, and aliens whose
activities provide essential support to the foreign information media
function (e.g., media film crews, video tape editors, and persons in similar
occupations).
Others who may
qualify as information media representatives, if otherwise eligible, include:
(1) Employees of
independent production companies, as well as self-employed and freelance
information media representatives, as explained below at 9 FAM
402.11-11;
(2) In some cases,
representatives of new media, such as bloggers and other representatives of
publications on other electronic media platforms (see 9 FAM
402.11-10, below); and
(3) Employees of foreign
government tourist bureaus. See 9 FAM
402.11-13.
c. Others who are associated
with such activities, but are not directly
involved in the gathering, production or
dissemination of journalistic information, such as a proofreader, generally are not "information media
representatives" but may qualify for another visa classification.
d. "Journalistic Information" is content that is primarily informational in nature, such
as the reporting on recent or important events,
investigative reporting, or producing educational materials, such as
documentaries. It does not include content that is primarily designed to
provide entertainment rather than information, including scripted or contrived
situations, such as most reality television shows. It also does not include
most personal content, such as discussions of personal experiences in the
United States or materials aimed at fan engagement, or works produced for
promotional or marketing purposes (except as described in 9 FAM
402.11-13).
9 FAM 402.11-4 Purpose and length of travel
(CT:VISA-663; 08-22-2018)
I visas are appropriate for
foreign information media representatives coming to the United States for the
duration of qualifying employment, including on long-term assignments, such as
serving as the Washington bureau chief for their organization, or for very
short-term projects. The I visa can serve either purpose, as long as the
applicant is coming solely to engage in qualifying activities. Officers should
carefully assess the proposed scope of the applicant's employment abroad and
the ability of the organization for which the applicant works or is under
contract to cover the applicant's expenses for the entirety of the duration of
stay. If you have concerns that an applicant may intend to engage in
activities not permissible in I nonimmigrant status, you should refuse the visa
under section 214(b).
9 FAM
402.11-5 Residence ABROAD NOT REQUIRED
(CT:VISA-663; 08-22-2018)
There is no requirement in the INA that applicants for an
I visa establish that they have a residence in a foreign country which they
have no intention of abandoning, although the
organization the applicant is representing must have a home office in a foreign
country. Because I visa applicants are subject to INA 214(b), however, they must satisfy you that they will engage
only in activities permissible in I nonimmigrant status.
9 FAM 402.11-6 Home Office
Abroad Required
(CT:VISA-663; 08-22-2018)
In order to qualify for an I
visa, an applicant must be representing an organization that has a home office
outside of the United States. If the home office abroad will cease to function
or greatly limit its operations after the applicant is in the United States,
the applicant would not qualify for the I visa, as the applicant could not
demonstrate the required ties to an organization that has a home office
abroad. For an applicant who primarily serves as a freelance information media
worker (see 9 FAM
402.11-11), the organization contracting the
applicant must have a home office abroad.
9 FAM
402.11-7 I Visa requires reciprocity
(CT:VISA-663; 08-22-2018)
Pursuant to INA
101(a)(15)(I), I visas may be granted only on the
basis of reciprocity. Therefore, be sure to refer to the Reciprocity
Schedule, which can be found
on travel.state.gov, to determine the maximum period of validity for the
applicant's visa. For guidance on reporting limitations placed on
representatives of U.S. information media representatives by foreign
governments, please see 9 FAM
402.11-15.
9 FAM
402.11-8 Spouse and Children
of I Visa RECIPIENTS
(CT:VISA-663; 08-22-2018)
The spouse and children accompanying or following to join
an alien qualified for an I visa, or joining an
alien in the United States in I nonimmigrant status, may also be eligible for I visas.
9 FAM
402.11-9 I Visa Classification when
applicant eligible for both I visa and E visa
(CT:VISA-663; 08-22-2018)
An alien who meets the
definition of information media representative in 9 FAM
402.11-3 shall be classified as a
nonimmigrant under INA 101(a)(15)(I), even
if the alien may also be classifiable as a nonimmigrant under the provisions of
INA 101(a)(15)(E)(i) as an E-1 treaty
trader or 101(a)(15)(E)(ii) as an E-2 treaty investor, in accordance with 22
CFR 41.52(b).
9 FAM
402.11-10 NEW MEDIa - Blogging and
other electronic media platforms
(CT:VISA-663; 08-22-2018)
a. Foreign Information Media
Representatives who Primarily Provide Content through New Media (Blogging or
Electronic Media Platforms): An applicant
seeking to enter the United States to represent an organization engaged in the
regular dissemination of journalistic information through online media, such as
blogs or social media platforms, may be classified under INA
101(a)(15)(I) if he or she otherwise satisfies
the definition of information media representative in 9 FAM
402.11-3 above, including the requirement
that the information media organization has its home office in a foreign
country. In order to qualify for an I visa, a representative of new media must
be engaging in the gathering, production or dissemination of journalistic
information, as defined in 9 FAM
402.11-3, paragraph d above. Whether content
is journalistic information will depend on the nature of the content featured
on the new media outlet. For example, a political blogger traveling to the
United States to cover an election could qualify for an I visa as election
coverage would generally be considered to be journalistic information. In this
example the applicant would still need to demonstrate that he or she satisfies
the other qualifications of an information media representative, including that
he or she represents an organization involved in the regular gathering,
production, or dissemination of journalistic information that has a home office
in another country.
b. Similarly, a
professional travel blogger traveling to the United States to obtain and
produce materials on national parks in the United States: Could also qualify for an I visa if all aspects of the
definition of an information media representative are established, including
the requirement that the media content generated will be informational in
nature. However, a blogger traveling to the United States to report on his or
her own activities at a national park would not qualify for an I visa if the
applicant does not represent an organization involved in the regular gathering,
production, or dissemination of journalistic information and the media content
is not primarily informational in nature. Individuals who are not professional
bloggers but maintain a personal blog and will produce content on their blog
based on their personal experiences in the United States, such as providing
information and reviews of their personal vacation, generally would not qualify
for an I visa but may qualify for a B visa. See 9 FAM 402.2-4. Likewise, a blogger promoting a line or products
would not qualify for an I visa.
9 FAM
402.11-11 self-employed and freelance
media representatives
(CT:VISA-663; 08-22-2018)
a. Self-Employed
Information Media Representatives: A self-employed
applicant may qualify for an I visa as a foreign information media
representative if the applicant satisfies the definition of information media
representative in 9 FAM
402.11-3 above, including the requirement
that the applicant has a home office in another country. See 9 FAM
402.11-6. In order to maintain the home
office in another country, a self-employed applicant must demonstrate that he
or she intends to depart the United States within a reasonable time frame
consistent with the intended purpose of travel.
b. Freelance
Information Media Worker: An applicant
who primarily serves as a freelance information media worker seeking to travel
to the United States under contract to an organization engaged in the regular
dissemination of journalistic information may be classified as a foreign
information media representatives under INA 101(a)(15)(I) if the applicant otherwise satisfies the definition of
information media representative in 9 FAM
402.11-3 above. The applicant must present a
valid contract for services. The organization contracting the freelance worker
must have a home office abroad.
9 FAM
402.11-12 Film/Video Work
(CT:VISA-663; 08-22-2018)
Informational Film/Video:
Nonimmigrant aliens engaged in the production or distribution of film and/or
video may be classified under INA
101(a)(15)(I) only when the works meet the
definition of journalistic information in 9 FAM
402.11-3, paragraph d, above. Applicants
seeking to engage in film/video work that
falls outside that definition may be eligible
for visas under INA 101(a)(15)(O) or INA 101(a)(15)(P), if all applicable requirements are met for those visa
classifications. See 9 FAM 402.13 and 402.14. Film or video materials involving scripted
or contrived situations, such as most reality television shows, generally do
not qualify as journalistic information and, therefore, would not qualify the
applicant for I visa classification. Similarly, applicants traveling to engage
in film/video work for promotional or marketing purposes would not qualify for
an I visa.
9 FAM
402.11-13 foreign government tourist
bureaus and trade missions
(CT:VISA-663; 08-22-2018)
a. Employee of Foreign Government
Tourist Bureau: Duly 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 the country for which they are employed as
a representative may be classified as foreign information media representatives
under INA 101(a)(15)(I) if the applicant
otherwise satisfies the definition of information media representative in 9 FAM
402.11-3 above.
b. Member of Foreign Government Trade
Promotion Mission: Employees and other representatives
of a foreign government's trade promotional
mission(s) in the United States do not
qualify for an I visa, because they are engaged primarily in commercial
and/or economic activities. If the trade promotional mission is governmental in nature and
the applicant is assigned to an Embassy,
Consulate, or Miscellaneous Foreign Government Office registered with the
Office of Foreign Missions (OFM), then the applicant may be eligible for
an A visa under INA 101(a)(15)(A). If an employee or representative of a foreign
government is traveling to a trade office in the United States that is not registered
as a Miscellaneous Foreign Government Office (MFGO) and is not located at an
embassy or consulate, contact CA/VO/L/A and CA/VO/DO/DL for additional
guidance.
9 FAM 402.11-14 Classification
of certain alien INFORMATION media
representatives proceeding to the united nations
(CT:VISA-663; 08-22-2018)
Foreign information media
representatives may seek to travel to the United Nations to cover various
UN-related events. Provided the applicant satisfies the definition of
information media representative in 9 FAM
402.11-3 above, and is not otherwise eligible
for an A or G visa, the applicant would be classifiable under INA
101(a)(15)(I). In limited cases, the applicant
may be classifiable under INA 101(a)(15)(C) as C-2. See 22 CFR 41.71 and 9 FAM
402.3-6(F).
9 FAM 402.11-15 Foreign Government Limitations on Employment
of Representatives of U.S. Information Media
(CT:VISA-663; 08-22-2018)
All posts must report promptly to the Department through their CA/VO/F post liaison any restrictions, registration requirements, or
limitations imposed by a foreign government on the employment of
representatives of U.S. information media. This information should remain current so that the Department may
ensure that the issuance of visas to aliens pursuant to INA 101(a)(15)(I) is
upon a basis of reciprocity".