Non-Immigrant Visas

I Visas - Members of the Media

Representatives of the foreign media traveling on assignment to the United States require “I” classification visas. They are not eligible to travel visa free under the Visa Waiver Program or enter the United States on B-1 business visas. Those who attempt to do so may be denied admission to the United States by immigration authorities at the port of entry.

Important: Please note that freelance journalists will only be considered for the “I” visa classification if they are under contract to a media organization.

Who qualifies

Members of the media engaged in the production or distribution of film, including employees of independent production companies, will qualify for “I” classification visas only if the material being filmed will be used to disseminate information or news. Definition of the term representative of the foreign media includes, but is not limited to, members of the press, radio, or film whose activities are essential to the foreign media function, such as reporters, film crews, editors and persons in similar occupations. It is important to note that only those whose activities are generally associated with journalism qualify for the “I” classification visa. People involved in associated activities such as proofreaders, librarians, set designers, etc. will require O, P or H visas.

While certain activities clearly qualify for “I” classification visa as they are informational in content, many do not and 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 “I” classification visa, we focus on two issues: is the activity essentially informational, and is it generally associated with the news gathering process. As a general rule, stories that report on events, including sports events, are essentially informational and are usually appropriate “I” classification visa activities. 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 “I” classification visas. They will require the appropriate employment-based (O, P or H) visas.

What about projects of a commercial or entertainment value?

If the film project is of commercial or entertainment value, the appropriate employment-based O, P or H visa will be required which will involve obtaining employment authorization and an approved petition from the United States Citizenship and Immigration Services (USCIS) in the United States. The final determination on the appropriate classification of employment-based visa will be made by the USCIS at the time the petition is filed.

What about journalists working for a U.S. media organization?

Foreign journalists working for an overseas branch of a U.S. network, newspaper or other media outlet, are not precluded from applying for an “I” classification visa, provided they are coming to the United States solely to report on U.S. news events for a foreign audience and they will continue to be paid by the foreign based office. If the journalist is to replace or augment an American journalist reporting on events in the U.S. for a U.S. audience, then the appropriate employment-based (O or H) visa will be required.

Spouses, Children & Partners

Spouses and/or children under the age of 21 who wish to accompany or join the principal visa holder in the United States for the duration of his/her stay require derivative I visas. 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 visa free under the Visa Waiver Program (VWP).

I verses F-1

There is no requirement that the spouse and/or children of an I visa holder apply for a student (F-1) visa if they wish to study in the U.S.; they may study on a derivative I visa. However, if they are qualified, they may apply for the F-1 visa. If you have school age children, you should refer to the regulations governing the issuance of F-1 visas.

Working on a derivative I visa

The holder of a derivative I visa may not work. If he or she is seeking employment, the appropriate work visa will be required.

Note: 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.