In 2008, all four Oscar winners in the acting categories went to foreign-born persons: Daniel Day-Lewis (Best Actor), Marion Cotillard (Best Actress), Javier Bardem (Best Supporting Actor) and Tilda Swinton (Best Supporting Actress).
Of course, these actors were all selected by their colleagues, and what do they know about acting? Imagine if the Oscar winners were voted upon by recognized experts in the field, i.e., the immigration examiners at the California Service Center (CSC). Fat chance that the Oscar winners would be a bunch of foreigners!
As an article in today's Los Angeles Times reveals, Hollywood is in an uproar against the USCIS and its restrictive policies. Many performances at prominent venues have had to be cancelled because CSC examiners have denied visas to performing groups.
Denial rates for O-1 petitions for persons of extraordinary ability have doubled between 2008 and today. Denial rates for P petitions for performers and athletes skyrocketed from 11% in 2008 to over 26% this year. And in an industry where delays may be tantamount to denials, the percentage of Requests for Evidence (RFEs) have more than doubled during the same period.
Another problem is long processing times. A spokesperson for the Los Angeles Philharmonic complains that they are forced to pay premium processing fees to the USCIS which is imposing unnecessary financial burdens on the orchestra.
Are USCIS examiners sufficiently-trained to separate the wheat from the chaff when adjudicating O and P petitions? One wonders.
I vividly remember fighting with the USCIS a few years ago over whether a pitcher for the Arizona Diamondbacks should be classified as a person of extraordinary ability. He was making over $4 million a year, and had been in the majors for over 10 years. Yet, this did not stop the examiner from sending out RFEs asking how his salary compared with that of the two highest paid pitchers in the major leagues. Is that really the test? I had to restrain myself from asking how $4 million per year compared with the examiner's salary.
Eventually, the examiner denied the petition. The next day, we filed an appeal. A few days later, the USCIS reversed its decision and granted the petition. Maybe a supervisor took a closer look at the petition.
USCIS Commissioner Alejandro Mayorkas is investigating the higher O and P denial and RFE rates, and the long processing times. He states that "the community deserves consistency. These are our customers, and we are committed to improving customer service."
I agree. Tis well it were done quickly.
Looks like the Obama administration is biting the hand of Hollywood that fed him.
Higher RFE rates do not appear to be exclusive to Os and Ps, only the beneficiaries of common H-1B don't perform at the White House for private concerts.
Adjudications of all petitions have become increasingly onerous since President Obama's election. I regularly receive RFEs requesting already submitted documentation, or that demand information that is not required or permitted under the regulations.
There are times that it appears that adjudicators don't even read what is being submitted, and issue completely unjustifiable RFEs or denials.
Unfortunately, the President and his administration have adopted a punitive, enforcement-only approach to immigration since taking office, leaving a slew of broken campaign promises in his wake.
Not "Change" I can believe in.
Posted by: Matthew Kolken | 08/11/2010 at 08:29 AM
I seem to recall many AILA members on the Infonet fawning over Obama during the 2008 campaign. Don't see too much fawning now. The CSC has become a disaster across all nonimmigrant visa categories. Filed an R-1 for a Religious Teacher for an Islamic group. Submitted documentation of the branch of Islam including the Oxford Dictionary of the Islamic World describing their beliefs. 4 page RFE asked questions including "what do you consider your religion to be" and to provide evidence that the "XXXX Christian Church" is an affiliated religious organization. It's one thing to pretend they are reading the materials submitted, but when they don't even bother to change their boilerplate...
Posted by: S. Marso | 08/13/2010 at 06:23 AM
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Yet, this did not stop the examiner from sending out RFEs asking how his salary compared with that of the two highest paid pitchers in the major leagues. Is that really the test? I had to restrain myself from asking how $4 million per year compared with the examiner's salary.
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