Previous Politech message:
http://www.politechbot.com/2005/03/22/why-bloggers-dont/
-------- Original Message --------
Subject: Re: [Politech] Why bloggers don't want to be journalists: the
dreadedI-Visa [fs]
Date: Tue, 22 Mar 2005 13:51:30 -0500
From: Jon Weinberg <weinberg@private>
To: Declan McCullagh <declan@private>
References: <423FAC51.6090609@private>
Well, yes and no. It's most convenient, if you want to visit the
US, to
do so under the visa waiver program (if you're eligible), or on otherwise on
an ordinary B-2 tourist or B-1 "temporary visitor for business" visa. It's
not crazy, though, that journalists seeking to enter the US in this manner
would get a hard time from DHS. The problem is that, in general, people who
enter the U.S. in any of those ways aren't supposed to be *working*. They
can engage in business meetings or conventions, and a variety of similar
activities, but as a general matter they're not supposed to be performing
labor for hire. (The idea here, natch, is to shield U.S. workers from
outside competition.) So if DHS thinks you're entering the US *to work* as
a journalist, they're taking the position that you need to fit yourself into
some other visa classification -- and the one for working journalists is
"I". They seem to have started paying a lot of attention to this lately,
after years of not caring. And I gather that they can be difficult about
it.
So far as I know, though, none of that is relevant to Jeremy Wright
because (with exceptions not relevant here) Canadians don't *need* visas to
enter the U.S. So his visa status was never in issue. We've got to blame
his treatment on something else.
Jon
Jonathan Weinberg
Professor of Law, Wayne State University
weinberg@private
-------- Original Message --------
Subject: Re: [IP] Why bloggers don't want to be journalists: the dreaded
I-Visa [fs]
Date: Tue, 22 Mar 2005 17:26:42 -0800
From: DV Henkel-Wallace <gumby@henkel-wallace.org>
To: Declan McCullagh <declan@private>
CC: dave@private
References: <BE657DF6.261CA%dave@private>
On 22 Mar 2005, at 04:47, David Farber wrote:
> Date: Tue, 22 Mar 2005 00:25:37 -0500
> From: Declan McCullagh <declan@private>
> Subject: [Politech] Why bloggers don't want to be journalists: the
> dreaded I-Visa [fs]
>
> This could be a reasonable explanation. The I-Visa is no joke. See:
> http://slate.msn.com/id/2100403/
Declan (and Dave)
You might be interested to know that the requirement to notify the feds
of all address changes (and in fact annually notify the INS of your
address regardless) was eliminated for green card holders by the Victor
of the Cold War himself: Ronald Reagan. Apparently the notification
cards were just piling up unread at the FBI and Reagan deemed them
"useless bureaucracy."
I actually feel sorry for those INS, and other guys (or is it perhaps
Schadenfreude?) . After all the "they shoulda known" outcry in the
months following September 2001, most agencies defended themselves on
the grounds that they didn't have the information they needed. The
argument was either that it wasn't being collected or that the agency
collecting it was in the wrong "stovepipe").
Well now those excuses are being eliminated. And all that's happened
is that the haystack has become larger.
-d
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