The Department of State (DOS) last week published a final rule effective January 24, 2020, that states consular officers will deny applications for B nonimmigrant visas if the officer believes that the foreign national applicant intends to travel to the US for the primary purpose of obtaining US citizenship for a child by giving birth in the US, commonly referred to as “birth tourism.” The final rule states that the DOS is addressing the issue of “birth tourism” since it “creates a potential long-term vulnerability for national security” and since the “birth tourism” industry is “rife with criminal activity, including international criminal schemes.”
Read moreLos Angeles Times: "'Roma' actor Jorge Guerrero has been denied visas to the U.S. — and might miss the Oscars"
Jose Antonio Guerrero Martínez, an actor in the celebrated movie Roma, directed by Alfonso Cuarón and nominated for ten Academy Awards, has not been able to secure a visa to enter the US to attend screenings and other industry events in the US, according to an interview he gave in the Mexican lifestyle magazine, Quién. Guerrero says he has been denied visas to the US on three separate occasions.
Read moreOptions for Fine Artists Applying for a US Visa
I love that in New York City art is everywhere—there’s graffiti on the side of buildings; sculpture installations throughout the streets and parks; and a huge variety of galleries and museums with artwork ranging from modern multimedia exhibitions to Renaissance paintings.
Since we are based in a city that is a center of the art world, and we often work with some of the best of these artists, we wanted to highlight some immigration considerations in the context of the fine art world, namely for gallery and museum artists.
Read moreState Department: US and China To Extend Visas for Short-term Business Travelers, Tourists, and Students
The United States and the People’s Republic of China reciprocally increased the validity of short-term business, tourist, and student visas effective November 12, a move which coincided with President Obama's trip to China.
Secretary John Kerry, in remarks at the US Embassy in Beijing, said that with this change the US and China are "making an important investment in our relationship" which will "pay huge dividends for American and Chinese citizens, and it will strengthen both of our economies."
Chinese applicants may now be issued multiple-entry B visas for up to ten years—the longest visa validity possible under US law—for business and tourist travel, and Chinese students and exchange visitors who qualify are now eligible for F, M, or J-category multiple-entry visas valid for up to five years or the length of the school program.
In turn, US citizens are now eligible for multiple-entry, short-term business and tourist visas valid for up to ten years, while US students may receive student residency permits valid up to five years, depending on the length of the educational program.
The State Department says that in addition to the convenience and decreased cost for travelers, these visa changes will foster more international travel and exchange, enhance mutual understanding between China and the US, and increase the ease of trade and investment.
Since more nonimmigrant visas are processed in China than in any other country (with more than 1.95 million applications for Chinese nationals in fiscal year 2014) and student and exchange visitor visas issued to Chinese applicants represent thirty percent of all such visas issued globally, these changes will very likely have a significant impact for many Chinese nationals, not to mention frequent US travelers to China.
Business and tourist visa eligibility requirements as well as student visa requirements remain unchanged. For those curious, the State Department publishes visa reciprocity rules and tables for China and other countries.
With these visa changes, many anticipate more Chinese tourists to the US—at least in California, where Chinese nationals spent $2 billion last year—and possible long delays in visa processing at US Embassies or Consulates in China or other consular posts issuing visas to Chinese nationals.
Special Considerations for Film and Television Visas
As 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.