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News Bytes
The new I-129 non-immigrant visa petition used by P-1 athletes lists in its instructions certain exceptions to the rules regarding filing based on the location of the petitioner. One key group is major league sports, which are advised of the following on the form:
"This covers major league athletes, minor league sports, and any affiliates associated with the major leagues in baseball, hockey, soccer, basketball, and football. Support personnel includes: coaches, trainers, broadcasters, referees, linesmen, umpires, and interpreters. Mail the I-129 package to the Vermont Service Center , regardless of the place of temporary employment."
The American Immigration Lawyers Association has posted an advisory to its members confirming that in discussions with USCIS that major league sports not included in this exception are to be filed as normal at the Service Center (either Vermont or California) based on the jurisdiction where the work is to be performed.
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USCIS has announced that effective May 16th, employers will be able to file O and P visa petitions a full year ahead of an event as opposed to the current rule limiting applications to events no more than six months away.
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The H-1B visa is normally thought of as the category for tech workers, but a little known section of the H-1B statute includes fashion models with distinguished reputations. The massive demand for H-1B visas for technology and other professional workers has been so great that the annual cap has been hit in just a few hours on the first day visas became available last April. This has affected the fashion industry especially hard and some fashion shoots have been moved overseas. Experts in the field estimate that ten US workers are employed for every fashion model on a shoot so the impact is being felt. Congress is considering legislation to move fashion models in to a new visa category, possibly in the O or P category.
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Senator Reid introduced an amendment to this past summer’s failed Senate comprehensive immigration reform bill that was designed to allow sponsors of large numbers of P visas to employ a blanket petition similar to the L-1 visa category. It would also have extend the P-1 period from one to two years.
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Immigration and Customs Enforcement has issued a press release announcing that sports agent Gustavo Dominguez was sentenced to five years for organizing two smuggling trips for Cuban baseball players.
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A former circus performer on trial for alien smuggling and visa fraud pleaded guilty and has been sentenced by an Orlando , Florida judge to 15 months in prison. Kristo Ivanov admitted to falsely acting as an agent and applying for hundreds of Eastern Europeans to enter the US as circus performers even though none were actually working as circus performers.
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Disclaimer: This newsletter is provided as a public service and not intended to establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk. |