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This year's update from the U.S. Citizenship and Immigration Service (USCIS) for O-1B visa petitions has knock-on effects for the movie and TV industries. The update has clarified the correct standard of adjudication for an individual with both elements of an O-1B artist and O-1B motion-picture-and-television-industry (MPTV) classification, meaning situations where a foreign national will be working in the U.S. as an artist, but some of their work will be in MPTV.
The USCIS has also updated its definition of what constitutes an MPTV production as new forms of media are developed, especially in consideration of emerging online content.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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