Friday, August 13, 2010

Spike in O and P visa denials; USCIS working to address bad decisions/slow processing times

By Teresa Watanabe, Los Angeles Times

A big increase in the denials had prompted an outcry by Hollywood, the performing arts community and research institutions.

The nation's immigration chief has launched a effort to quell the outcry from Hollywood and the performing arts community about a spike in visa denials, processing delays and requests for evidence to support their petitions to bring in leading foreign artists for U.S. performances.

In the last year, immigration attorneys across the nation have loudly complained about mounting roadblocks for performance visas from the California service center, which processes petitions for so-called O and P visas for artists and researchers of extraordinary ability.

The California service center's denial rates for O visas, which apply to individuals, increased from 9.6% in the 2008 fiscal year to 19.6% this year. Denial rates for P visas, which apply to groups, jumped from 11.1% in 2008 to 26.8% this year. Requests for evidence also grew, from 16.2% of cases in 2008 to 37.5% for individual visas and from 21% to 44.3 % for group visas during that same period.

"We've been very focused on listening, learning and responding," Mayorkas said. "The O and P visas were established by Congress with the understanding that the introduction into this country of talent from all over the world brings needed and desired diversity to our artistic and cultural landscape. We should adjudicate the petitions with that intention and spirit in mind."

Several immigration experts say the changes have already made a difference. Processing times are speeding up, and denials and requests for evidence seem to be declining, they say.

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