This is a fictional fact pattern case study for the purposes of providing general legal information. No Daryanani & Bland client information is used or revealed and any similarity to real people is entirely coincidental.
With the World Cup set to begin in Brazil on June 12th, soccer fans around the world are eagerly awaiting their chance to support their national teams in the sport’s premier international competition. Brazil last hosted the World Cup in 1950, when they were stunned by neighboring Uruguay who beat the host nation 2-1 in the finals, widely considered one of the greatest upsets in the tournament’s history (since my mother was from Uruguay, I’m especially proud of this achievement). As the World Cup draws near, we thought it was a good time to discuss US visa options for athletes. To help illustrate how some of these options may play out during an athlete’s career, let’s discuss Ms. Victoria Barboza, a fictional soccer player from Colombia.
For as long as she could remember, Victoria was running around with a soccer ball at her feet. With the soul of a striker and a passion for the game she inherited from her grandfather, nothing in this world brought her more joy than the crisp snapping sound of the ball hitting the back of the net. Throughout her childhood, she took every opportunity to play in the few amateur youth leagues available to girls in Colombia. Unfortunately, however, as is the case in far too many countries around the world, the vast majority of resources spent on soccer were dedicated to the professional development of male athletes. As she neared the end of high school, Victoria found herself with little to no avenues to continue pursuing the game that she loved.
Read moreWhen some foreign nationals hear “Deferred Inspection,” they may understandably feel a sense of anxiety or dread. But while “Deferred Inspection” does have a somewhat ominous sound, this process, not to be confused with “secondary inspection,” actually has the potential to be quite useful and helpful for many foreign nationals.
When foreign nationals arrive at a US port of entry, normally a Customs and Border Protection (CBP) officer will inspect the foreign national’s relevant documentation (passport, visa stamp, I-797 Approval Notice, for example) to confirm their immigration status and admit them to the US in that status (this is referred to as "primary inspection"). In some circumstances, however, the documentation presented by the foreign national at primary inspection may not allow the inspecting CBP officer to come to an immediate decision concerning the foreign national's immigration status. Consequently, the inspecting officer may then either: 1) refer the foreign national to secondary inspection, where CBP officers will further review the foreign national’s status; or 2) they may admit the foreign national to the US but schedule an appointment for them to appear at a Deferred Inspection Site on a future date so the foreign national can provide the missing or additional documentation needed. Foreign nationals may also return to Deferred Inspection after they are admitted to the US to request that CBP correct an error an officer made when admitting the foreign national (such as the misspelling of a name or the incorrect visa category).
Read moreAs awards season wraps up, the glitz and glamour of the film and TV industry will once again be replaced by the daily grind of producers, directors, editors, costumers, writers, set designers, and the countless other crew members working behind-the-scenes of the on-air talent to bring the productions that entertain us to life. As such, there is perhaps no better time to discuss certain considerations to keep in mind when planning a shoot with foreign talent or foreign production crew members in the United States. While these issues are not unique to film and TV immigration cases, they do present themselves more acutely in this context. Given the tight turnaround times and often last minute nature of the film and TV production industry, it is important to plan ahead as much as possible and pay special attention to certain issues that may come up during the process when filing petitions with US Citizenship and Immigration Services (USCIS) and when applying for visa stamps at a US Embassy or Consulate abroad.
Documentaries or News Shoots
As we also discussed in a previous post (with a helpful chart even), the I visa is a non-immigrant visa for representatives of a foreign media organization who are temporarily traveling to the US to engage in their profession. Generally, only those whose activities are associated with journalism, the news-gathering process, or informational documentaries may qualify for I visa classification. The I visa should not be used for commercial or entertainment programming, including reality entertainment shows, scripted programs, the filming of staged or recreated events, or documentary dramas.
Read moreAs one of the fashion capitals of the world, New York City attracts models from all over the globe. This is especially true at this time of year: Mercedes-Benz Fashion Week. In honor of this event (which began yesterday) we thought it’d be appropriate to discuss visa options for models (H-1B3 and O-1) as well as a few special topics specific to fashion models seeking to work in the US.
What is the H-1B3 and when is it appropriate?
The H-1B3 is a subcategory of H-1B visas specifically designated for fashion models. To be eligible for the H-1B3, models must demonstrate that they have achieved “distinguished merit and ability,” which is defined as “one who is prominent in the field of fashion modeling.” Such “prominence” can be proved in several ways, including evidence of the model’s work with renowned clients (i.e., tear sheets from magazines showing fashion and advertising shoots), reference letters from people who work in the fashion industry and can attest to the prominence and talent of the fashion model, press about the model, awards, and contracts, to name just a few. The goal is to demonstrate that the model possesses a “degree of skills and recognition” that is greater than that which is ordinarily encountered in the fashion modeling industry. Since it carries a lower evidentiary standard than the O-1, it is typically the better option for certain models. It should be noted, however, that both the H-1B3 and O-1 do require that the petition be sponsored by a US company, which in the field of modeling typically means an established US modeling agency that will be representing the model in the US.
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