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Laws, Regulations and Other Government Materials

Statutes

INA Section 101(a) – Definitions of O, P and Q visa holders

INA Section 203(A) – EB-1 Extraordinary Ability

INA Section 212(a)(5) – Athletes need not get new labor certification following trades

INA Section 214(c)(7) – O-1, P-1 Criteria

Regulations

USCIS P visa regulations (8 CFR 214.2(p)

USCIS O visa regulations (8 CFR 214.2(o)

USCIS Fashion Model H-1B provisions (8 CFR 214.2(h)

Foreign Affairs Manual O visa provisions

Foreign Affairs Manual P visa provisions

Foreign Affairs Manual B visa arts and sports provisions

Agency Cables, Memoranda, Manuals and Reports

INS/USCIS Crocetti memorandum on major league team changes

USCIS Adjudicator’s Field Manual – P-2 Visas

USCIS Aytes memorandum on implementation of COMPETE Act for minor league athletes

INS/USCIS Bednarz memorandum consolidating Major League Baseball petitions at Nebraska Service Center

CIS Ombudsman Report on O-1 Visas

DOS Memorandum on Employer Changes for Athletes

DOS Media Note on Facilitating Visas for Entertainers

DOS Memorandum to Consular Posts on Proper Processing of P-1 petitions

DOS Statistics on Visa Issuances in Arts and Athletics categories

INS/USCIS Operating Instructions for B-1 visas for athletes

USCIS Office of Business Liaison O-1 and O-2 advisory

USCIS Office of Business Liaison P-1, P-2 and P-3 advisory

DOS Field Memorandum on Visa Processing in Relation to 2004 Olympics

Cases

Administrative Appeals Office Decisions and Summaries

Matter of Shaw - 11 I. & N. Dec. 277 (D.D. 1965) – (denied finding of “distinguished merit and ability” for person with only recent fame)

Grimson v. INS – N.D. IL – 1995 (overruled INS requirement that petitioner show reaching top of NHL)

Congressional Testimony

Government Reform Committee Oversight Hearing, “The Impact of Visa Processing Delays on the Arts, Education, and American Innovation” – April 4, 2006

Forms

I-129 plus O and P supplements

Legislation

Provision from S. 2611 comprehensive immigration reform bill calling for 30 day processing of O and P visas

‘‘Creating Opportunities for Minor League Professionals, Entertainers, and Teams through Legal Entry Act of 2006’’ or the ‘‘COMPETE Act of 2006’’.(S.3821)

Miscellaneous

Dictionary of Occupational Titles - Arts, Sports and Fashion Occupations

Siskind Susser
1028 Oakhaven Rd.
Memphis, TN 38119
T. 800-343-4890 or 901-682-6455
F. 901-682-6394
Email: info@visalaw.com

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