UK journalists working in the US could face a new 240-day limit on their right to be in the country under new visa rules for foreign journalists which come into force on 15 September.
It is possible to apply for a visa extension up to six months before a visa expires, but Press Gazette understands there are year-long delays in getting claims processed.
Under the current I-visa regulations, foreign journalists apply for a “duration of status” visa which means that once they have entered the US, they are allowed to remain for as long as it takes for them to complete the assignment described in their application. Foreign media representatives can also currently apply for a five-year I-visa (during which time they can leave and return to the country).
The new I-visa rules mean journalists entering the US on an I-visa must depart 240 days after their first entry or submit a request for extension with the US Citizenship & Immigration Services. Visa renewal will cost $420 each time, compared to the current $185 visa application fee.
A request for extension can be filed up to six months before the visa expires. Once it is filed an automatic 240-day extension period will be triggered while the status of the request is pending (bringing the total time covered to 480 days).
According to US immigration lawyer Olivia McLaren: “The problem is… published processing time is 7.5 months, but in reality, it’s taking a year for them to adjudicate these extensions.”
This means that if the request for extension has not been approved after the automatic 240-day extension period has ended, another extension request must be filed. However, while the first extension request is still pending, the journalist is not permitted to continue working based on the second extension of stay.
Journalists who are currently working in the US will be authorised to remain in the country under their current visa until May 2027. If they have not completed their assignment by this date, they must apply for an extension. Alternatively, they can leave the United States and return to obtain a new 240-day admission period.
McLaren told Press Gazette that there are two main strategies she believes media corporations will use to work around these new visa rules.
The first is to ensure that journalists are returning regularly from the US. Every time they depart and re-enter, they will receive a new 240-day admissions period – excluding quick temporary stays in Canada or Mexico.
However, she said: “I see families having a hard time with that… it’s very difficult to organise to take three kids out of the United States and return every 240-day period.”
The second strategy is to keep filing extension requests.
McLaren emphasises the importance of filing these requests as early as possible to ensure the journalist remains work eligible despite long processing times.
McLaren also notes that there are certain cases in which journalists can obtain a different kind of visa which will allow them to remain in the US for longer (for instance if they are in a management or executive role).
“It isn’t the case that there’s an alternative for everyone”, McLaren said, “but the point is that there may be other visas to consider.”
The International Federation of Journalists said: “We fear that this new process will affect news coverage and quality journalism by forcing journalists to self-censor out of concern that their I-visa renewal could be denied. International reporting on US affairs will be impacted, ultimately undermining the public’s right to know about matters of public interest.
“We have witnessed many attempts by the Trump administration in recent years to control and restrict journalists’ work, and this is another example of that trend.
“For us, it is important that newsrooms and global journalists’ organisations , including in the US, speak out against these new threats on press freedom. It is a matter of public interest.”
The Overseas Press Club of America said that “limiting foreign journalists to effective 240-day stays in the US curtails their ability to write, report and edit in the US and creates significant uncertainty for such journalists. It also places an undue burden on foreign and global news organisations in planning their US coverage.”
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