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  <FDSYS>
    <CFRTITLE>8</CFRTITLE>
    <CFRTITLETEXT>Aliens and Nationality</CFRTITLETEXT>
    <VOL>1</VOL>
    <DATE>2011-01-01</DATE>
    <ORIGINALDATE>2011-01-01</ORIGINALDATE>
    <COVERONLY>false</COVERONLY>
    <TITLE>How can the International Broadcasting Bureau of the United States Broadcasting Board of Governors petition for a fourth preference special immigrant broadcaster?</TITLE>
    <GRANULENUM>204.13</GRANULENUM>
    <HEADING>Section 204.13</HEADING>
    <ANCESTORS>
      <PARENT HEADING="Title 8" SEQ="4">Aliens and Nationality</PARENT>
      <PARENT HEADING="CHAPTER I" SEQ="3">DEPARTMENT OF HOMELAND SECURITY</PARENT>
      <PARENT HEADING="SUBCHAPTER B" SEQ="2">IMMIGRATION REGULATIONS</PARENT>
      <PARENT HEADING="PART 204" SEQ="1">IMMIGRANT PETITIONS</PARENT>
      <PARENT HEADING="Subpart A" SEQ="0">Immigrant Visa Petitions</PARENT>
    </ANCESTORS>
  </FDSYS>
  <SECTION>
    <SECTNO>§ 204.13</SECTNO>
    <SUBJECT>How can the International Broadcasting Bureau of the United States Broadcasting Board of Governors petition for a fourth preference special immigrant broadcaster?</SUBJECT>
    <P>(a) <E T="03">Which broadcasters qualify?</E> Under section 203(b)(4) of the Act, the International Broadcasting Bureau of the United States Broadcasting Board of Governors (BBG), or a grantee of the BBG, may petition for an alien (and the alien's accompanying spouse and children) to work as a broadcaster for the BBG or a grantee of the BBG in the United States. For the purposes of this section, the terms:</P>
    <P>
      <E T="03">BBG grantee</E> means Radio Free Asia, Inc (RFA) or Radio Free Europe/Radio Liberty, Inc. (RFE/RL); and</P>
    <P>
      <E T="03">Broadcaster</E> means a reporter, writer, translator, editor, producer or announcer for news broadcasts; hosts for news broadcasts, news analysis, editorial and other broadcast features; or a news analysis specialist. The term broadcaster does not include individuals performing purely technical or support services for the BBG or a BBG grantee.</P>
    <P>(b) <E T="03">Is there a yearly limit on the number of visas available for alien broadcasters petitioned by the BBG or a BBG grantee?</E> (1) Under the provisions of section 203(b)(4) of the Act, a yearly limit of 100 fourth preference special immigrant visas are available to aliens intending to work as broadcasters in the United States for the BBG or a BBG grantee. These 100 visas are available in any fiscal year beginning on or after October 1, 2000.</P>
    <P>(2) The alien broadcaster's accompanying spouse and children are not counted towards the 100 special broadcaster visa limit.</P>
    <P>(c) <E T="03">What form should the BBG use to petition for these special alien broadcasters?</E> The BBG or a BBG grantee shall use Form I-360, Petition for <PRTPAGE P="128"/>Amerasian, Widow(er), or Special Immigrant, to petition for an alien broadcaster. The petition must be submitted with the correct fee noted on the form.</P>
    <P>(d) <E T="03">Will the BBG need to submit supplemental evidence with Form I-360 for alien broadcasters?</E> (1) All Form I-360 petitions submitted by the BBG or a BBG grantee on behalf of an alien for a broadcaster position with the BBG or BBG grantee must be accompanied by a signed and dated supplemental attestation that contains the following information about the prospective alien broadcaster:</P>
    <P>(i) The job title and a full description of the job to be performed; and</P>
    <P>(ii) The broadcasting expertise held by the alien, including how long the alien has been performing duties that relate to the prospective position or a statement as to how the alien possesses the necessary skills that make him or her qualified for the broadcasting-related position within the BBG or BBG grantee.</P>
    <P>(2) [Reserved]</P>
    <CITA>[66 FR 51821, Oct. 11, 2001, as amended at 74 FR 26937, June 5, 2009]</CITA>
  </SECTION>
</CFRGRANULE>
