The Visalaw Fashion, Arts and Sports Immigration Blog

DOS Launches J-1 Program for Athletes with Disabilities

2011-08-12T16:34:00.001-04:00

From DOS:

Recognizing the need for inclusiveness in the world of sports and people-to-people exchanges, the U.S. Department of State’s Bureau of Educational and Cultural Affairs announced today that it will bring 14 athletes from Kazakhstan to the United States to participate in an inaugural exchange for athletes with physical disabilities. During the 10-day exchange, these male and female sitting volleyball players will participate in clinics and games with their American counterparts in Oklahoma City, Oklahoma, including with the U.S. Men and Women’s Sitting Volleyball teams and USA Volleyball. Sitting volleyball is a Paralympic sport for both men and women.

Sports diplomacy builds on Secretary of State Hillary Rodham Clinton’s vision of “smart power diplomacy.” It embraces the use of a full range of diplomatic tools, including sports, to bring individuals together to strengthen people-to-people relationships and to foster greater understanding.

Sports diplomacy creates international exchange opportunities for athletes and their coaches. Participating in the sports visitor program, athletes and coaches from 54 countries traveled to the United States to interact with their American counterparts and engage on a host of issues, including: balancing academics and athletics; creating opportunities for athletes with disabilities; and empowering women and girls through sports. This is the first-ever sports visitor program focused solely on athletes with physical disabilities.

The Bureau of Educational and Cultural Affairs’ SportsUnited Office leads the U.S. Department of State’s international exchange efforts to bring the global community together through sports. Athletes and coaches from a range of sports are chosen to conduct clinics, visit schools, and engage with youth overseas in a dialogue on the importance of an education, positive health practices, and respect for diversity.

Canadian Musicians Sentenced for Lying at Border

2011-07-10T17:40:00.003-04:00

The Bangor (Maine) Daily News reports

A federal judge Friday sentenced a Canadian folk singer and her backup vocalist to time served and warned them not to return to the United States to perform without the proper visas.

Michelle Marie Bahrynowski, whose professional moniker is Michelle Joly, and her backup singer Carrie Anne Sadler, both of Red Deer, Alberta, were arrested Tuesday morning at the Milltown border crossing in Calais after they lied to Customs and Border Protection agents about why they were entering the country.

Bahrynowski, 30, and Sadler, 32, were sentenced to three days in jail after pleading guilty in federal court on Friday to entry into the United States by false representation. In addition, Sadler pleaded guilty to aiding and abetting Bahrynowski’s lies to agents at the border.

“Coming to court in shackles should have taught you a lesson,” U.S. Magistrate Judge Margaret Kravchuk told the pair. “Don’t come back to this county without the proper visas.”

CBP officers found CDs and messages on cell phones and on Facebook that indicated that the two were coming to perform in the US.

WRESTLER URGES IMMIGRATION REFORM

2011-04-06T00:28:00.002-04:00

Henry Cejudo, the 2008 Olympic gold medalist, is speaking out on the harsh immigration laws in his home state of Arizona and is reminding anti-immigrant legislators that he's one of the so-called anchor babies being targeted. USA Today has got the goods.

SOCCER GREAT PELE GRANTED O-1 VISA

2011-04-02T17:50:00.002-04:00

Soccer great Pele, the Brazilian legend who is one of the most recognized names in the world of sports, has been granted an O-1 visa. I remember seeing Pele as a kid when I had to the Miami Toros North American Soccer League games and Pele played for the New York Cosmos. Pele is returning to New York to help rebuild soccer in New York City.

CELINE DION BODYGUARD LOSES EB-1 CASE

2011-03-11T09:18:00.002-05:00

The 9th Circuit Court of Appeals issued a short decision holding that Skokos did not meet the basic evidence requirements for an EB-1 extraordinary ability petition. The court didn't dispute that a bodyguard could file an EB-1 petition, but simply held that Mr. Skokos didn't prove his case. The court didn't discuss the standards for an EB-1 case in any detail so the case is not likely to make that much of a difference in cases filed by others.

skokos case

9TH CIRCUIT TO HEAR EB-1 CASE FOR CELINE DION'S BODYGUARD

2011-03-02T13:43:00.002-05:00

I can't say I'm thrilled that this particular case is going to be one that sets precedent for the rest of us.

USCIS RELEASES RFE TEMPLATES FOR P VISAS

2011-03-01T12:45:00.003-05:00

Here are the links:

P-1A Athletes and Teams

P-1B Entertainment Groups and Performers

P-2 Reciprocal Exchange Artists or Entertainers

P-3 Culturally Unique Artists and Entertainers

P Essential Support Workers

12 MAJOR LEAGUE BASEBALL TEAMS REPORT VISA DELAYS FOR FOREIGN PLAYERS

2011-02-25T10:25:00.001-05:00

If it's spring training time, it must be time for visa headaches.

FIGHT OVER STAR PLAYER'S IMMIGRATION STATUS JEOPARDIZES TEAM'S SEASON

2011-02-08T11:37:00.003-05:00

The Miami Herald reports that a dispute over the ability of an F-1 visa holding high school basketball player has ended up in the courts and a team's chances of winning the state playoffs are on the line. Incidentally, this is the high school for the neighborhood I grew up in (though it opened after I left for college so I'm not an alumnus).

ARMY RUNNER DENIED ABILITY TO COMPETE IN NATIONALS

2011-02-03T17:58:00.002-05:00

Army private Joseph Chirlee is not just a soldier in the US Armed Forces. He's a world class marathon runner. The Kenyan native and naturalized US citizen is being denied the right to compete in the US national championships because he has not been a naturalized citizen for more than two years.

Why is he being denied? Because under international rules designed to prevent athletes from jumping from country to country to compete, international competition is barred for a two year waiting period after naturalizing. But why bar Chirlee from domestic competitions? Sounds like a lawsuit is on the way.

MEXICAN SINGER RUNS IN TO IMMIGRATION PROBLEMS

2011-01-21T15:58:00.001-05:00

From Fox News Latino:

U.S. Border Patrol agents in El Paso, Texas, have arrested Mexican pop singer Kalimba on alleged immigration violations.

Border Patrol spokesman Ramiro Cordero confirmed the arrest of the former OV7 star on Thursday.

No further details were given on the case. But Mexican news agency Notimex was reporting that Kalimba entered the U.S. legally but failed to turn in his I-94 immigration paperwork, when gives foreigners permission to enter the states.

A judge in Mexico's Caribbean state of Quintana Roo issued an arrest warrant Wednesday for Kalimba, 28, whose real name is Kalimba Kadjaly Marichal Ibar, according to State Attorney General Francisco Alor.

USCIS RELEASES DRAFT P-1 MEMO RECOGNIZING US-BASED GROUPS AS ELIGIBLE FOR VISA

2011-01-18T09:14:00.000-05:00

USCIS P-1 Draft addition to Adjudicators Field Manual -

UTAH JAZZ'S KIRILENKO NATURALIZES

2011-01-15T17:31:00.001-05:00

Congrats to the ten year veteran of the NBA's Utah Jazz.

NFL'S SCOTT FUJITA URGES IMMIGRATION REFORM

2010-11-12T00:35:00.002-05:00

Scott Fujita of the Cleveland Browns joins Congressman Mike Honda to make the case for fixing the immigration system.

DAVE SCHULTZ, NHL ALL-STAR, SWORN IN AS US CITIZEN

2010-10-27T16:20:00.002-04:00

Canadian Dave Schultz, 61, the former New York Flyers hockey player, became an American citizen this week. He is to be followed next week by his former teammate Bill Clement, also hailing from Canada. Two other teammates, Bob Kelly and Orest Kindrachuk, became citizens in September.

BAYLOR COACH BEING INVESTIGATED FOR THREATENING COLOMBIAN PLAYER WITH DEPORTATION

2010-10-15T15:27:00.002-04:00

The NCAA is investigating Baylor University coach Scott Drew for threatening a high school player from Colombia with deportation if he didn't come play for the Texas school.

O AND P APPLICANTS IN LONDON MAY AVOID INTERVIEWS FOR VISA RE-ISSUANCES

2010-10-15T11:26:00.002-04:00

The US Embassy in London has announced on its web page that certain O and P applicants who have previously been issued visas may be able to avoid interviews:

Certain applicants are eligible to apply for a new visa without having to attend an interview with a U.S. consular officer. If, when you last applied for an O or P visa, you provided a complete set of your fingerprints and you are applying to renew the same category of visa that is either still valid or has expired within the last 12 months, you may be eligible for the Visa Reissuance Program and exempt from appearing in person for an interview with a consular officer.

Please note: A Consular Officer reserves the right to request that an applicant appear in person for an interview after reviewing his or her application.

BOXER HOPES TO EXPEDITE CITIZENSHIP PROCESS TO COMPETE IN OLYMPICS

2010-10-11T15:07:00.002-04:00

Permanent resident Erick de Leon, a Mexican national, is hoping to have his citizenship application process expedited in order to compete in the 2012 Olympics in London. The New York Times reports that the process has been anything but easy despite his being one of this country's best hopes for reclaiming gold in boxing.

DOBBS REVELATION HIGHLIGHTS RELIANCE OF EQUESTRIAN INDUSTRY ON IMMIGRANT LABOR

2010-10-09T19:19:00.002-04:00

The Palm Beach Post reports that illegal immigrants are prevalent in the equestrian industry and The Nation story on Lou Dobbs' having benefited from such labor is not unusual in the field.

ACTRESS LONGORIA PUSHING PRO-IMMIGRATION MEASURES IN HILL VISITS

2010-09-16T16:05:00.003-04:00

Eva Longoria Parker, star of Desperate Housewives, is quickly becoming known for her work promoting immigration legislation on Capitol Hill.

CHAMPION TENNIS PLAYER REGULARLY SUBJECTED TO

2010-09-13T00:49:00.002-04:00

Reuters talks to Pakistani tennis star Aisam ul-Haq, who made it to the men's doubles finals of the US Open this week about his immigration problems entering the US. He seems to maintain a positive attitude despite being regularly grilled by US immigration officials.

USCIS REVISES O-1 WEB PAGE

2010-08-31T09:27:00.002-04:00

USCIS has rolled out a new O-1 information page on its web site. The page does a pretty good job laying out the rules for the category and the process. It also links to recent memoranda and guidance on the category as well as the application forms.

USCIS REPORTEDLY HOLDING UP PIERS MORGAN TAKING OVER FOR LARRY KING

2010-08-23T15:07:00.001-04:00

The New York Post is reporting that Piers Morgan, the very British judge of America's Got Talent is having problems getting approval from USCIS to come and take over Larry King's coveted seat on CNN's prime time schedule this fall. The article raises more questions than it answers. It hints at the end that the visa category being sought is not based on extraordinary ability and it also does not say if Morgan is seeking a green card or a non-immigrant visa. It also is not clear if Morgan is actually being denied a visa to come work or if he has conditioned his accepting the deal based on his getting a green card ahead of time. Or perhaps he has a green card application in process and is trying to get that wrapped up before he enters. There are many possibilities and it's not really fair to point an accusatory finger at USCIS without at least knowing some more.

USCIS SEEKS TO IMPROVE ARTS VISA PROCESSING

2010-08-10T15:07:00.001-04:00

The LA Times reports that things are getting better. But we'll wait until we see the data.

USCIS PROMISES FASTER ADJUDICATION OF O-1 AND P-1 VISAS

2010-07-24T13:58:00.002-04:00

USCIS held a stakeholders meeting this past week and announced that it would turn around O and P applications in 14 days, compared to the several months it currently takes. I attended the meeting by phone and most of the call was devoted to discussing problems with requests for evidence. The New York Times reports.

USCIS ISSUES NEW GUIDANCE ON O-1 GAP TIMES

2010-07-20T13:42:00.000-04:00

guidance-O-petition-gap_memo-07-20-10

USCIS CLARIFIES DATE OF HIRE FOR E-VERIFY

2010-07-15T11:57:00.002-04:00

USCIS has produced a simple chart explaining when E-Verify and I-9s can and must be completed for new hires.

Completing Form I-9 and E-Verify

The earliest you may complete Form I-9: The employee has accepted
an offer of employment

The earliest you may create a case in E-Verify: The employee has accepted
an offer of employment and Form I-9 is complete

The latest you may complete Form I-9: The third business day after
the employee started work for pay

The latest you may complete E-Verify: The third business day after
the employee started work for pay and Form I-9 is complete

IROQUOIS NATIONAL LACROSSE TEAM FIGHTS TO USE TRIBAL PASSPORTS

2010-07-15T10:19:00.003-04:00

The New York Times reports that the members of the Iroquois nation's lacrosse team are being barred from using their tribal passports for a trip to the UK. The team has used their tribal passports in the past to attend international competitions and the dispute raises significant questions regarding the sovereign rights of native Americans. The team is ranked fourth in the world.

The team was originally blocked by Delta Airlines which apparently consulted the State Department. The team was able to get several high ranking elected officials to assist including New Mexico Governor Bill Richardson and New York Senator Kirsten Gillibrand and actually secured a one time waiver from the US government. But the victory was short-lived since the UK government has now weighed in and is insisting on seeing US passports.

The team has been told they will forfeit their first game if they do not arrive in the UK by this evening.

MUSICIANS DIVIDED OVER ARIZONA LAW

2010-07-07T00:13:00.001-04:00

From the Press Enterprise in Riverside, CA.

MLB UNDER PRESSURE DUE TO ARIZONA LAW

2010-07-06T00:13:00.002-04:00

Calls for moving the MLB All Star Game in Phoenix in 2011 are now coming from Latino civil rights groups while St. Louis Cardinals manager Tony La Russa speaks out in support of the new law.

MANUTE BOL DIES

2010-06-19T17:16:00.002-04:00

Sudan-born NBA veteran Manute Bol passed away today at the age of 47 after suffering from a severe kidney ailment. Bol, who immigrated permanently to the US after retiring from the NBA, had spent the last several years working with charities helping the people of his native country.

BASEBALL TEAMS PREPARING FOR ARIZONA LAW

2010-06-18T22:37:00.002-04:00

The Associated Press reports that Major League Baseball teams are taking precautions to ensure that young Latino players coming to start in the Arizona Rookie League beginning next week do not run in to problems complying with Arizona's tough new immigration law.

NY TIMES: OBITUARY OF AN IMMIGRANT ARTIST

2010-06-18T21:10:00.001-04:00

The Times profiles the life of Elzbieta Czyzewska, a star of Polish film and television who became an outcast in her own country "whose career frustrations in the United States became a cautionary tale for immigrant artists."

THE SOUND STRIKE

2010-05-27T16:13:00.001-04:00

Musicians boycott Arizona.

HATCH GRILLS USCIS HEAD OVER ARTS VISA PROBLEMS

2010-05-25T16:55:00.001-04:00

DanceUSA reports on questions by Senator Orrin Hatch (R-UT) to USCIS Director Alejandro Mayorkas regarding problems with arts visa processing:

On Tuesday, May 11, the Senate Subcommittee on Immigration held an oversight hearing on USCIS. Senator Hatch (R-UT) questioned USCIS Director Mayorkas about O and P visas, the ARTS Act, the increase in Requests for More Evidence and denials of artist visas, and the inconsistent processing at the California Processing Center. Director Mayorkas responded that he is fully aware of the challenges that petitioners are experiencing and he is working to fix the problems. He stated that USCIS is beginning a broad review of the O and P visa processing system. Senator Hatch underscored that the problems surrounding artist visas are hurting the cultural affairs of our country and that his staff receives a lot of work from constituents on this issue. Other subcommittee members at the meeting included Sen. Feinstein (D-CA), Sen. Cornyn (R-TX), Sen. Sessions (R-AL), Sen. Franken (D-MN), and Sen. Leahy (D-VT).

ARIZONA IMMIGRATION LAW COULD COST US WORLD CUP

2010-05-17T09:50:00.002-04:00

The Arizona Republic reports that US bid to host the 2018 World Cup may be jeopardized by plans to include the University of Phoenix Stadium as one of the venues.

USCIS PROPOSES NEW O VISA REGS

2010-05-13T23:16:00.001-04:00

USCIS is proposing new rules on the validity period for O visas.

MEXICAN PRO SOCCER TEAMS CANCEL MATCH IN ARIZONA

2010-05-13T22:41:00.002-04:00

More fallout from the Arizona law.

SENATOR MENENDEZ URGES BASEBALL PLAYERS TO BOYCOTT PHOENIX ALL STAR GAME

2010-05-10T16:51:00.000-04:00

From the AP.

THE GREAT BASEBALL BOYCOTT OF 2010

2010-04-29T21:53:00.002-04:00

Baseball has moved front and center in the battle over SB1070, Arizona's controversial anti-illegal immigration law. Reuters is reporting that activists are calling for a boycott of Arizona Diamondback games and buying Diamondbacks merchandise. Others are urging Major League Baseball to pull next year's All Star Game and for teams to move their preseason games from the state's Grapefruit League.

This blog has moved

2010-04-28T10:40:00.001-04:00

This blog is now located at http://fashion-sports-entertainment.blogspot.com/.
You will be automatically redirected in 30 seconds, or you may click here.

For feed subscribers, please update your feed subscriptions to
http://fashion-sports-entertainment.blogspot.com/feeds/posts/default.

LATINO STARS REACT TO ARIZONA LAW

2010-04-27T12:48:00.001-04:00

Access Hollywood reports that George Lopez, Ricky Martin, Eva Longoria and other Hispanic celebrities are condemning the anti-Hispanic law in Arizona.

ACTRESS ARRESTED FOR MARRIAGE FRAUD

2010-04-18T23:25:00.002-04:00

The Los Angeles Times is reporting the actress/model Fernanda Romero has been arrested for marrying Kent Ross, a US citizen, for immigration benefits.

NY TIMES: USCIS WAR ON ARTISTS WREAKING HAVOC IN MUSIC INDUSTRY

2010-03-17T22:50:00.002-04:00

Ben Sisario reports in the New York Times how recent USCIS decisions in O and P cases have created problems for music festivals like South by Southwest in Austin and symphonies like the Cleveland Orchestra.

USCIS DENIES EB-1 FOR SOVIET OLYMPIC MEDALIST

2010-03-16T17:20:00.002-04:00

USCIS' war on artists and athletes continues. In this case, USCIS is taking the position that extraordinary ability in athletics does not extend to switching from an athlete to a coach.

LATINO ENTERTAINERS HAVING INCREASING SUCCESS

2010-02-23T00:19:00.002-05:00

The Chicago Sun-Times reports that Latino artists like Jennifer Lopez, Shakira and George Lopez are enjoying increasing success on the pop charts.

CANADIAN ENTERTAINERS FIND ENTERING US NO CAKEWALK

2010-02-13T15:29:00.002-05:00

National Public Radio reported this morning on difficulties Canadian entertainers face entering the US. The story essentially shows the flaw in our entertainment immigration statutory framework - the system doesn't provide for short, last minute gigs. If you want to immigrate to the US or go through the long, expensive process of securing an O-1 visa, there are options in place. If you just want to cross the border and perform a couple of sets at an American club, forget it.

Canadian singer Johanna Chapman-Smith is interviewed in the story about her experiences dealing with US immigration.

IMMIGRANT SPOTLIGHT: TOMMY HAAS - TENNIS PLAYER

2010-02-09T07:08:00.001-05:00

Congratulations to German-born tennis player Tommy Haas who recently became a US citizen. Haas is the former #2 tennis player in the world. He reached that pinnacle in 2002, but recently began a major resurgence as evidenced by his reaching the semi-finals in last year's Wimbledon. Haas also won an Olympic silver medal at the 2000 Olympics in Sidney.

TEXAS RANGERS SOON TO BRING OVER BARRED DOMINICANS

2010-02-02T14:14:00.002-05:00

The Dallas Morning News reports that Dominican baseball players Alexi Ogando and Omar Beltri have received visas to enter the US after a five year bar based on their participation in a marriage fraud scheme. The two are expected to arrive later this month to join the Texas Rangers organization.

USCIS BACKS DOWN ON VISA STANDOFF AFTER WALL STREET JOURNAL STORY RUNS

2010-01-12T14:16:00.002-05:00

Last month we blogged on Miriam Jordan's piece about visa processing difficulties for artists claiming visas requiring one be culturally unique. The WSJ received a letter from one of the people interviewed in the story crediting the newspaper with helping to get USCIS to reverse itself:

Thanks for your coverage of the critical issues arts organizations face when bringing artists to the U.S. ("Send Us Your Tired, Your Poor, But Only if They're 'Culturally Unique,'" page one, Dec. 10). After the article was published, and with no prompting from us, U.S. Citizenship and Immigration Services notified us that visas for Orquesta Kef were approved. There was no explanation as to why they had changed their minds or even that they had changed their minds. We contacted the supervisor who sent the email and were told that the agency decided "to process an appeal themselves" and that the review showed that the visa should have been granted. No one has ever heard of the USCIS spontaneously reviewing their own decision. This can only be attributed to the Journal article that shined the light of day into what has been an entirely closed process.

While the review and decision came more than two weeks too late for our Fiesta Hanukkah, this is one of the only positive pieces of news in the artist visa situation in years. USCIS seems to be attempting a more enlightened understanding of congressional regulations. I do believe that this is entirely the Journal's doing. Congratulations and thank you.

Jordan Peimer

Los Angeles

REUTERS: HARSH IMMIGRATION POLICIES AFFECTING LATIN MUSIC SALES

2009-12-22T21:00:00.001-05:00

An interesting observation.

ARENA WARNS THAT FOREIGN SOCCER TEAMS POSETHREAT

2009-12-22T20:33:00.002-05:00

From the Center for American Progress:

A North Central Texas Fusion Center which provides homeland security intelligence is warning local officials about the dangers associated with the presence of foreign soccer teams at a local stadium. The threat assessment warns, “foreign soccer teams from all over the world play at Pizza Hut Park. They can bring their local gang and political issues with them. Hooliganism associated with sporting events has occurred in Brazil and Italy.”

USCIS ISSUES NEW MEMO ON PETITIONS MADE BY AGENTS

2009-12-20T16:48:00.003-05:00

USCIS has issued a memorandum clarifying that agents can file O-1 and P-1 petitions on behalf of clients and listing the type of evidence that is needed. The application needs to include a lot of specific details on the client's itinerary and documentation that the agent is genuinely in that business.

The memo also notes that P-1s can be filed by US organizations who are not the employers of the P-1 applicant.

O-1 and P-1 agents memo from USCIS -

ROYALS RECRUITING CUBAN PITCHER

2009-12-12T23:36:00.002-05:00

The Kansas City Star reports that the Royals are recruiting Noel Arguelles, a 20 year old who was awarded asylum status last year.

CUBAN ARTISTS GETTING WELCOME FROM US GOVERNMENT

2009-12-12T22:27:00.002-05:00

After years of being frozen out of touring in the US, the Obama Administration is making it easier for Cuban artists to come to the US. The New York Times reports on the relaxation of visa restrictions.

HAITIAN IMMIGRANTS MAKING HEADWAY IN FOOTBALL

2009-12-11T02:17:00.002-05:00

The Wall Street Journal reports on the growing success of Haitian immigrants in football. The paper reports that there are now two dozen Haitian immigrants and first generation Haitian-Americans in the NFL.

ETHNOMUSICALSECURITY

2009-12-10T16:18:00.002-05:00

Miriam Jordan of the Wall Street Journal has a great article discussing the frustrating, often arbitrary, decisions in O and P visa cases.

CUBAN ARTISTS FIND VISA OPTIONS IMPROVING

2009-11-20T06:40:00.000-05:00

The New York Times reports that Cuban bands like Septeto Nacional de Ignacio Pineiro (which hasn’t played in the US in nearly 70 years) are finding it easier to qualify for visas to come to the US. In the past, only groups that could show an ideological break from Fidel Castro could come to the US, but that de facto requirement has largely gone away as US-Cuban relations have improved in recent years. According to the Times:

''We are neither actively promoting nor actively impeding these artistic exchanges,'' said a State Department official, who asked that his name not be used because of department rules and the volatility of the subject. ''This is a regulatory rather than a political process.'' He added that as long as Cuban artists and performers comply with immigration regulations, ''the visas are generally approved.''

SOCCER IS A SPORT UNIFYING DIVERSE NASHIVLLE

2009-11-09T23:39:00.001-05:00

Immigrant communities in Nashville have found soccer as a good excuse for getting to know one another.

IMMIGRANT SOCCER LEAGUE FLOURISHES IN PHILADELPHIA

2009-09-26T08:54:00.001-04:00

The Philadelphia Inquirer reports on a soccer league comprised of immigrants that now has 900 players on 26 teams.

ILLEGALLY PRESENT IMMIGRANT SQUATTERS OCCUPY HOCKEY TEAM APARTMENT

2009-09-07T01:05:00.002-04:00

An odd story.

HOCKEY COACH DITCHES JOB OFFER DUE TO IMMIGRATION CONCERNS

2009-08-21T00:36:00.001-04:00

From the Des Moines Register:

Dave Allison's attempt to move from professional to amateur hockey has been derailed by immigration issues, leaving the Des Moines Buccaneers scrambling for a new coach two weeks before training camp is to open. Allison, who coached the Iowa Stars for three seasons, was hired by the Bucs on June 30. But the resident of Canada resigned last week to take a job as a scout with the NHL's Pittsburgh Penguins because it was unclear whether he would qualify for the proper work permit if he stayed with the Bucs.

"Because it's an amateur team, you have to show an extraordinary ability" in your profession to get a work permit, Allison said Wednesday. "It's for sort of obscure vocations. I love coaching, but I have a huge responsibility to my family. (The Penguins job) allows me to stay in Des Moines and stay in hockey." Allison has a P-1 work permit typically issued to professional athletes and those working for pro sports leagues. But he was told he needed to get an O-1 work permit to coach the U.S. Hockey League team. The O-1 is for someone with "extraordinary ability in the sciences, arts, education, business, or athletics, or extraordinary achievements in the motion picture and television field, who have received 'sustained national or international acclaim,' " according to U.S. Citizenship and Immigration Services.

That process can take up to a month, and Allison said as time dragged on, he became less certain that he would be granted the O-1. With a job offer from the Penguins, he eventually felt compelled to act. "He came in and said, 'I can't wait any longer,' " Bucs general manager J.P. Parise said. "Needless to say, I almost had a heart attack. That is not what I wanted to hear. I was so counting on him. He was a good coach." Parise said he has two coaching candidates, and he plans to name a successor Friday. Training camp begins Sept. 9.

"It's a little stressful, but we will fix it," Parise said. "I promised the fans and our management that we'd clean up and start fresh (after finishing last in the division three consecutive seasons). And we will do that." Allison's new job includes scouting USHL players. "I was looking forward to coaching the Bucs, and I wish them well," he said. "I still think they will get things turned around and have a terrific season."

FOREIGN BASEBALL PLAYERS HAVING BIG IMPACT ON MINORS

2009-08-17T16:21:00.002-04:00

The Wall Street Journal reports that foreign ball players are having a big impact on baseball's minor leagues:

Recent changes in U.S. immigration law and growing competition in baseball for raw talent have allowed the minor-league farm system to flourish with imported players. It has been a home run for globalization, but bad news for U.S.-born players, who suddenly have much more competition. Across the minor and major leagues, the total number of foreign-born players is growing fast, to almost 3,500 of the 8,532 players under contract this summer, from 2,964 three years ago.

***

This summer's crop of foreign players in the minors includes baseball's first-ever pros from India, two of them on the Pittsburgh Pirates' Gulf Coast league team. That league's rosters include players from Honduras, Haiti, Russia and the Czech Republic.
Eight teams have minor leaguers from Brazil, including Fábio Murakami, an outfielder for the Philadelphia Phillies' Williamsport, Pa., minor-league team, the Crosscutters. Mr. Murakami is one of several South Americans of Japanese descent in the minors, a list that includes Claudio Fukunaga and Lucas Nakandakare, both from Argentina and under contract to Tampa Bay.

One Red Sox farm team boasts an even more exotic tandem: the brothers Crew Tipene Moanaroa, called "Boss," and Hohua Moanaroa, called "Moko." Born in New South Wales, Australia, the Moanaroas are believed to be the first members of New Zealand's Maori tribe to play baseball professionally in the U.S. "Boss" is a first baseman. "Moko" plays outfield.

New Zealand's representative in the minors is Scott Campbell. He plays third base for the Blue Jays' Eastern League affiliate, the New Hampshire Fisher Cats.

According to experts, the changes in 2007 to the P-1 category have made it easier for minor league teams to file visa petitions for foreign players.

FALLOUT CONTINUES OVER CBP TREATMENT OF BOLLYWOOD STAR

2009-08-17T10:23:00.001-04:00

The New York Times reports on reactions to the secondary inspection of Shahrukh Khan.

CBP INTERROGATION OF BOLLYWOOD STAR CAUSES OUTRAGE

2009-08-15T19:05:00.002-04:00

Shah Rukh Khan, one of India's top film actors, was detained when he arrived at Newark airport. According to Reuters, the incident is causing an uproar among his fans:

Khan, 43, one of India's best known actors, was enroute to Chicago for a parade to mark the Indian independence day on Saturday when he was pulled aside at Newark airport Friday, he said.

"I was really hassled perhaps because of my name being Khan. These guys just wouldn't let me through," he said in a text message to reporters in India.

After a couple of hours' interrogation, he was allowed to make a call, he said, and he got in touch with the Indian consulate who vouched for him and secured his release.

"Absolutely uncalled for, I think. I felt angry and humiliated," said Khan, who had just finished a month-long shoot in the United States for his upcoming film "My Name is Khan," which is about a Muslim man's experience with racial profiling.

A U.S. consul official in India told a television channel they were inquiring into the matter.

As news of Khan's detention broke on Indian television channels, which have played up attacks in Australia on Indian students, fans and actors began posting angry comments on the Internet.

BASEBALL PLAYER, HORSE GROOMER FACE DEPORTATION OVER CRIMINAL CHARGES

2009-08-09T23:56:00.002-04:00

While American citizen athletes seem to get in to criminal trouble all the time, foreign-born athletes face the ominous risk of deportation if they get into even minor trouble with the law. Consider these two cases:

- A Guatemalan horse groomer was turned over to Immigration and Customs Enforcement after illegally hitting a bird with a slingshot.

- A minor league baseball player from the Dominican Republic faces deportation after an on-field melee led to a ball thrown at a fan.

USCIS ISSUES MEMO CLARIFYING THAT P-1S SUPPORT PERSONNEL CAN BE HERE LONGER THAN 10 YEARS

2009-07-16T11:49:00.002-04:00

The memo clarifies that P-1S essential support personnel of individual athletes are no subject to a lifetime admission limit of ten years in the US and may apply for a new P-1S initial period of admission after ten years. The key is that the P-1S must depart the US after ten years in order to be eligible for a new initial period of admission of up to one year.

USCIS Neufeld P-1S memo -

DOL RELEASES FAQ FOR H-2B ENTERTAINMENT CASES

2009-07-01T01:00:00.001-04:00

The DOL is advising on how entertainment industry cases fit under the new H-2B rules:

H-2B Entertainment Cases DOL FAQ -

BUSINESS WEEK REPORTS ON O-1 VISAS

2009-06-01T18:44:00.002-04:00

No actual news here, but the story does give a lot of background information on the visa.

IMMIGRATION STATUS PREVENTS WRESTLING STAR FROM ATTENDING COLLEGE

2009-05-20T15:32:00.001-04:00

This is a story playing out every day in the US.

SOCCER HELPS IMMIGRANT KIDS ACCULTURATE

2009-04-28T16:24:00.001-04:00

The Salt Lake Tribune reports.

LEBANESE FILMMAKER GRANTED ASYLUM IN US

2009-04-26T14:32:00.002-04:00

Probono.net reports on the success of lawyers at large firm Holland and Knight in getting asylum for Elie Hayek, a young filmmaker who has been tackling human rights subjects in the Middle East.

FORMER BASEBALL PLAYER FACES DEPORTATION

2009-04-21T15:41:00.002-04:00

Gilberto Reyes, a catcher in the 1980s for the Los Angeles Dodgers, is facing deportation in connection with marijuana charges in New Mexico. Reyes was in the US in 2007 on a temporary visa and was charged with marijuana trafficking. Reyes was granted conditional release in March, but then seized by ICE agents who put him in deportation proceedings.

USCIS WORKS OUT SOLUTION FOR 10 YEAR LIMIT ON P ATHLETES

2009-03-09T14:43:00.002-04:00

The AP is reporting that it has obtained a memo which calls for allowing P-1 athletes reaching their ten year limit to continue in P status as long as they apply for a new visa outside the US. USCIS is backing off its interpretation of the law that P-1 athletes were subject to a lifetime limit of ten years in the status.

THE SLUMDOG EFFECT

2009-03-06T13:40:00.002-05:00

The Associated Press reports on how the hit movie has dramatically raised the profile of Indians in arts and the media.

POLITICS, SPORTS AND VISAS

2009-02-21T10:25:00.002-05:00

Middle East politics has intersected with international sports at the Dubai Tennis Championships. Top-ranked Israeli woman Shahar Peer was denied a visa last week to play at the tournament in retaliation for her country's offensive in the Gaza Strip. Whether you agree or not about the policy, the rules of the WTA bar tournaments from denying visas based on politics. The Tennis Channel refused to broadcast the event and the WTA threatened to take the tournament off of its 2010 calendar. Apparently, the UAE got the message because it issued a a visa to Andy Ram, Israel's top male player for this week's men's tournament.

FORMER NFL PLAYER NOW WORKING AS BORDER PATROL AGENT

2009-01-26T15:13:00.002-05:00

Jamaal Green, a former player with the Philadelphia Eagles, Chicago Bears and Washington Redskins, talks to the Associated Press about his new career.

IMMIGRANT OF THE DAY: SHILPA PRIYA JAGADEESH - DIRECTOR

2009-01-08T09:07:00.000-05:00

The Washington Post recently profiled Indian-born young film director Shilpa Priya Jagadeesh (who is know to her fans as Priyabharati Joshi). Ms. Jagadeesh is currently filming a Bollywood-style movie in the Washington, DC area. The film, titled e-Preeti, is intended, according to the director, to correct misconceptions people in India have about immigrant life in America.

FRESNO HOCKEY PLAYERS FACE UNCERTAIN IMMIGRATION FUTURE

2008-12-23T17:16:00.002-05:00

The folding of the Fresno Falcons hockey team is bad news not just for the fans, but a number of players who suddenly are without a valid immigration status. Hopefully, their immigration lawyers filed to change their status to that of visitors before the terminations were effective.

MUSIC CRITICS AT USCIS NEARLY WRECK STAR'S US RECITAL

2008-12-03T14:06:00.002-05:00

Those of us who regularly handle arts immigration matters before USCIS are used to this, but the readers of the New York Times might have been a bit surprised to learn what happened to Dutch opera singer Cora Burggraaf:

The rising young Dutch mezzo-soprano Cora Burggraaf has been gaining attention with operatic roles and recital programs from London to San Francisco. Still, presenting her New York recital debut on Sunday afternoon at the Frick Collection was clearly a personal milestone. She traveled to the United States just for this one performance. And in a wide-ranging program of French and German songs, she sang beautifully.

Yet there was one major complication. Because of a last-minute ruling from a regional immigration office, Ms. Burggraaf’s accompanist, the British pianist Simon Lepper, was denied a visa. As it routinely does, the Frick had applied for two visas well in advance. But the ruling, which came on Thursday, stated that these two artists had not performed together enough to make them a duo. So Ms. Burggraaf had to travel alone.

Fortunately, the Frick found an impressive substitute, Jonathan Kelly, an experienced vocal accompanist currently on the faculties of the Yale School of Music and the Manhattan School of Music. Still, the ruling on the visa application is another example of the inexplicable assessments of the immigration agency regarding touring artists in a post-9/11 world. Ms. Burggraaf and Mr. Lepper have performed together several times. If two artists feel that they make a compatible duo, how can their judgment be questioned?

IS INDIA THE NEXT BASEBALL HOTSPOT?

2008-11-24T23:38:00.002-05:00

Sports Illustrated is reporting that two young Indians, Rinku Singh and Dinesh Patel, have won a pitching contest in their native India and have been signed by the Pittsburgh Pirates organization. They'll play in the minors for a couple of years in all likelihood and then if they've got the right stuff, they could become the first Indian immigrants to pitch in the majors.

PAVING THE WAY FOR LATINO NFL OFFICIALS

2008-11-18T15:18:00.001-05:00

The New York Times had a story on the front page of the Sunday Sports section this morning profiling Cuban-born Alberto Riveron, one of the first Hispanic officials in the National Football League. It takes years to work up to ranks before one of the coveted NFL jobs opens and Riveron spent 15 seasons officiating college games before getting his NFL break.

SOPRANO WILL SKIP US TRIP DUE TO VISA HEADACHES

2008-10-28T00:34:00.001-05:00

DC arts blog IONARTS reports

The Washington Chorus will present Bach's grand Mass in B-minor on November 16th with, among others, renown counter-tenor Daniel Taylor and tenor Charles Daniels, both associated with the Theatre of Early Music, a Montreal based early music group and choir, of which Taylor is the director. A promising assembly, but they will have to make due without another baroque specialist: The mezzo-soprano Clare Wilkinson (UK) who is scheduled to sing won't be able to come, because the London consulate would not issue her visa without a personal appearance. (She was on tour in Spain at the time, which complicated compliance somewhat.)

Hat tip to Dan Kowalski for the tip.

BALCA DENIES LABOR CERTIFICATION HOLDING SINGER POSITION NOT FULLTIME

2008-10-23T16:44:00.002-04:00

BALCA finds position offered for entertainer not full time - Free Legal Forms

CUBAN SOCCER PLAYERS DEFECT

2008-10-18T21:10:00.002-04:00

Two players from the Cuban national soccer team defected on the eve of the team's World Cup qualifying match with the United States team in Washington, DC. Since 2002, a dozen Cuban soccer players have defected while in the United States.

NIGERIAN SOCCER PLAYER WINS ASYLUM CASE IN 8TH CIRCUIT COURT

2008-10-06T18:14:00.003-04:00

The 8th US Circuit Court of Appeals has granted Nigerian professional soccer player Jude Alanwoko asylum. Alanwoko came to the US in 2004 on a business visitor visa and shortly after sought political asylum on the ground that he fears being targeted for a violent attack due to his Christian faith and activeness in his church. Alanwoko had been beaten and shot when he lived in Nigeria and a brother and parent were killed by Muslim extremists, but an Immigration Judge denied the case because Alanwoko couldn't show the government would not protect him. The judge also noted that the President of the country is a Christian and that there are predominantly Christian parts of the country were Alanwoko can relocate. The 8th Circuit upheld the denial of the asylum petition.

Nigerian soccer player case - Free Legal Forms

LPGA TO REQUIRE PLAYERS TO LEARN ENGLISH

2008-09-16T08:15:00.002-04:00

The Ladies Professional Golf Association will begin requiring its members to learn English starting next year and players will be required to pass an English exam. While some believe the policy is a response to the demands of American corporate tour sponsors, the LPGA denies this.

IMMIGRANTS CONTRIBUTION TO OLYMPICS NOTED

2008-08-29T01:14:00.001-04:00

Immigration lawyer Gordan Quan writes for the San Antonio Express on the immigrants on the US team.

ARTS COMMUNITY GOES GLOBAL, BUT VISAS SLOW PROGRESS

2008-08-23T17:15:00.002-04:00

The Arizona Republic reports that the globalization of the arts world continues despite the post-9/11 tougher environment for granting visas.

NBA CLEARS IRANIAN PLAYER

2008-08-21T17:07:00.001-04:00

Interesting development regarding Hamed Hadadi who apparently can now negotiate with NBA teams.

IRANIAN PLAYER BLOCKED FROM PLAYING IN NBA

2008-08-21T16:56:00.002-04:00

The Tehran Times (and who knows how reliable they are?) says one of Iran's top players is negotiating with the NBA's Memphis Grizzlies, but that US immigration rules are getting in the way. Not sure what those rules may be, but I suspect that immigration may not be the only obstacle here.

STATE DEPARTMENT TOUTS IMMIGRANTS ON US OLYMPIC TEAM

2008-08-20T15:21:00.002-04:00

Here's a nice piece profiling some of the 33 foreign-born members of Team USA.

NOT ALL CELEBRATE AMERICA'S IMMIGRANT OLYMPIANS

2008-08-13T21:57:00.001-04:00

At least one blogger questions whether it is fair to support immigrant athletes while anonymous low skilled workers suffer.

CHINA DENIES VISAS TO POLITICALLY VOCAL FORMER OLYMPIANS

2008-08-06T14:45:00.001-04:00

Not a shocker. Hopefully, they'll be shamed in to backing down.

SF SPORTS TEAMS SEEK TO CULTIVATE IMMIGRANT FAN BASE

2008-07-31T19:33:00.001-04:00

The San Jose Mercury News reports.

LIBERIAN ASYLUM APPLICANT HOPES TO PLAY COLLEGIATE SOCCER

2008-07-31T18:51:00.002-04:00

The Atlanta Journal Constitution reports on the impact a young African immigrant is having on a community's soccer program.

AP REPORTS ON FOREIGN-BORN US OLYMPIANS

2008-07-31T12:01:00.000-04:00

Here's the link.

FOREIGN ATHLETES TO TAKE CENTER STAGE ON US TEAM IN BEIJING

2008-07-30T13:09:00.001-04:00

The International Herald Tribune's take on the story.

33 IMMIGRANTS TO REPRESENT US AT OLYMPICS

2008-07-20T23:09:00.001-04:00

That's an increase of six from the 2004 games.

WILL THIS POST GET MY PASSPORT FILE PULLED?

2008-07-05T20:06:00.000-04:00

Apparently, snooping through the passport files of celebrities is all the rage for some voyeuristic US State Department officials. Fortunately, I'm just a boring immigration lawyer about which no tabloid will give a hoot. Are we about to hear that some entrepreneurial DOS official is selling the information to the National Enquirer?