INS Issues Interim Rule for EB4 Broadcasting Employees
Posted Oct 26, 2001

In the April 20, 2001 issue of the MurthyBulletin, we published an article entitled, DOS Issues Interim Rule on Certain Broadcasting Employees. In that article we reported that a law had been enacted to add certain international broadcasting employees to the catch-all "special immigrant" category, which includes the Employment-Based 4^th Preference category. That law is known as the Special Immigrant Status For Certain United States International Broadcasting Employees Act, (IBE Act). Our earlier article referred to the law by its number, P.L. 106-536.

The "special immigrant" category, under section 101(a)(27) of the Immigration and Nationality Act, comprises a hodgepodge of miscellaneous groups that do not fit the more commonly known categories. Special immigrants include the Employment-Based 4th preference religious workers, certain retired U.S. government employees, juveniles who are wards of the court, and a variety of other narrowly defined groups.

The IBE Act enables a broadcaster working for the International Broadcasting Bureau of the Broadcasting Board of Governors (BBG), or for a grantee of the BBG, to apply for the green card along with his/her spouse and children. Examples of BBG grantees are Radio Free Asia, Radio Free Europe / Radio Liberty, and the like. These employees would be broadcasting internationally for the U.S. government.

The DOS rule addressed procedures for issuing the immigrant visa at a consulate. That rule noted that it would, of course, first be necessary for INS to approve a petition for the broadcaster. INS has now issued rules for those EB4 petitions, including filing procedures and criteria. The INS interim rule is effective November 13, 2001 and INS is accepting comments until December 10, 2001.

In its introductory comments to the rule, INS explained that the BBG needs the services of foreign language broadcasters who are not only fluent in the particular language but also have an in-depth cultural understanding of the area of the world where the broadcasts will be heard. BBG has not been able to find enough U.S. broadcasters who can meet these qualifications, and therefore has to recruit foreign professionals. The IBE Act enables the BBG to petition for these foreign broadcasters directly. Up to 100 broadcasters per year can be granted immigrant status under this law.

"Broadcaster" is broadly defined to include "reporters, writers, translators, editors, producers or announcers for news broadcasts; hosts for news broadcasts, news analysis, editorial and other broadcast features; or news analysis specialists." All of these types of employees would need the language and cultural skills described above. In contrast, technical employees do not need those skills so they are not included.

The IBE Act, finalized in late 2000 for the purpose of providing permanent residence to international broadcasting personnel, could prove especially useful to the U.S. government in its current effort to disseminate information worldwide in combating terrorism.