Hello everyone. I am starting this important thread for the benefit of all legal and work authorized foreign actors currently living and trying to obtain work as an actor in the USA, particularly Los Angeles. There is a worrying, illegal, and growing trend that threatens the very multicultural foundation of the US film industry.

The following example/template letter should be self-explanatory as to the threat, so I need not elaborate much in this introduction. If you feel the points made are as concerning as many others do, then I urge you (yes, you!) to petition the DOJ using this example letter, or better still in your own words, demanding that they take strong and swift action against the companies listed below, who it seems are quite clearly breaking the law and illegally discriminating against all O1 visa holding foreigners for invalid reasons.

Hollywood has always been about diversity, and the O1 (and similar) visas have always allowed foreign talent to benefit Hollywood... until now.

If you get any responses please come back and note them in this thread.


Mailing Address:
U.S. Department of Justice
Civil Rights Division
Office of Special Counsel for Immigration-Related
Unfair Employment Practices
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530

Telephone: +1-800-255-8155

E-mail: osccrt@usdoj.gov


Best of luck to you all!

H.B.


Example/template letter:
------------------------


URGENT ATTENTION OF:
Office of Special Counsel for Immigration Related Unfair Employment Practices

Dear Sir/Madam

My name is _______________________ and I am <LIST OCCUPATION & ACHIEVEMENTS>.

I know I am not alone in wishing to urgently alert you to the illegality of new and disturbing so-called 'policies' of a number of LA-based Film/TV Casting Agencies and Production Companies/Studios with reference to O1 (and similar) Visa holders. Firstly for reference let me refer to your own guidelines, which spell out what is "illegal" in employment:

"It is illegal to discriminate against any individual (other than an alien not authorized to work in the United States) in hiring, discharging, or recruiting or referring for a fee because of that individual's national origin or citizenship status. It is illegal to discriminate against work-authorized individuals. Employers CANNOT specify which document(s) they will accept from an employee."

There can be no doubt that actors holding a valid and broad O1 (or other) Visa document are, to use your terms, "work authorized individuals". This is because they have been 'authorized' by the USCIS to 'work' an 'artist of extraordinary achievement/ability' in a broad range of productions within the entertainment business, and for a broad range of employers. Assuming the visa is indeed 'broad', i.e. not exclusively tied to any one production company, production, or agent alone, by its underlying paperwork, and assuming the attached sponsor has given their consent for other employers to engage the artist for no fee, then that non-immigrant is available and "work authorized" for any production company, studio, or agent.

Now we have established what is illegal, and how broad O1 holders are legally entitled to work free of discrimination, we are hearing of a growing number of very disturbing stories about companies clearly breaking the law by outright refusing to work with, consider, or even look at, anyone who holds an O1 Visa, regardless of whether it is 100% valid, broad, legal, and the actor is in fact 100% employable by them. I cite for you a few examples along with web addresses for your reference:


1) http://nancybishopcasting.blog...roblems-and-csa.html

"I consulted C.S.A. (Casting Society of America) members to find out what their take on it was..." - Nancy Bishop, Nancy Bishop Casting

"NBC/Universal will not accept 01 Visa's that have not been specifically applied for by the studio ... I was recently unable to hire an actor on "Law & Order: SVU" ... for this very reason." - Jonathan Strauss
[This clearly breaches the requirement that "It is illegal to discriminate against work-authorized individuals", as any broadly applied for O1 Visa would in fact be valid for work for this studio.]

"Yes, unfortunately it is true. Sony will no longer allow us to hire actors with O1 Visas - they must have a Green Card." - Camille St. Cry
[This clearly breaches the requirement that "Employers CANNOT specify which document(s) they will accept from an employee."]

"MEG LIBERMAN (who works for CBS) ... NBC does not accept the O1 because it's owned by General Electric ... Meg hired one actor on "Medium" for NBC ... then hired the same actor on "Las Vegas" which used a different production company, which didn't accept the Visa. So after shooting a few scenes realized that she had to fire him and it cost the production $250,000 to re-shoot."
[This clearly breaches both requirements.]


2) http://www.nancybishopcasting....ter%20from%20Amy.pdf

"... the situation with the TV networks and Film Studios ... It used to be that an actor could work here easily on an O1 visa (which is typically a three year work visa) on many different shows. Over the past year it has got steadily worse - There are now NO major TV channels that will accept [the O1 Visa] or even Daytime Soaps ... I have met two great actresses here who've worked extensively in the UK, one got offered the lead in a new NBC show was told the O1 wouldn't do ... so lost out ... a great friend of mine secured a brilliant role in LOST only to have her bags packed and be on the way to Hawaii when again the O1 visa wasn't accepted ... if the master financing is from one of the main studios then its a NO and this even includes webisodes as often they will be part of some larger packaging deal ... Casting Directors will note "Not Legal" [when it IS legal] next to your name if you turn up with an O1 visa, it's that bad..."


3) http://www.centralcasting.org/...rs/registration.html

"If you have a sponsor [i.e. a visa with sponsor] we cannot register you." - Central Casting
"We can not hire anyone working on a H1/J1/O1 Visa." - Quote from typical casting call by Central Casting (from ActorsAccess.com)

To clarify, Central Casting is the top background actors agency in LA, established in Hollywood in 1925. Some 80% of all background actors can only find work through this agency, such is their domination of the industry. If an actor holding an O1 wishes to legally earn a living in LA, many would argue he/she has to join Central Casting to survive. However, upon going in to register, legally employable O1 Visa holding actors are told verbally in the waiting room by Central Casting staff, "If you are here on an O1 Visa, please leave now".
[This blatantly breaches the requirement that "Employers CANNOT specify which document(s) they will accept from an employee."]


It seems that the companies mentioned above are tarring all actors with the same brush, presumably because they have run into problems with one 'bad' or even false O1 Visa, and as a result are now wrongly punishing all legal and authorized broad O1 Visa holding actors, for whom the situation is extremely dire as a result.

What is the point of the existence of the O1 Visa (or similar categories) if, as of 2009, companies are simply making internal policy decisions to flout immigration law, and refuse to accept a document which USCIS and the DOJ state - by law - that those companies MUST accept? All O1 Visa holders may as well leave the USA, and take their talents with them back to their home countries, if this is the message America is now sending to the world via their media industry.

The US DOJ has to step in and contact the legal departments of the aforementioned companies, now, before this illegal discrimination can be allowed to escalate or continue a moment longer. The companies concerned who are taking this blanket discriminatory approach to perfectly employable foreign actors who themselves have spent thousands applying for their visa, need to change their policy and to instead treat each case on its own merits, rather than not even look at or allow an actor in the door if they have paperwork the studio does not like. These companies would do well to take a leaf out of CBS-Paramount's book, and they would then in fact find few problems, whilst also no longer breaking the law or acting in such a negatively discriminatory manner:


"At CBS-Paramount, they have to approve an O1 Visa, by reviewing all the paperwork that was submitted along with the application. We've had very few problems, usually fixable by resubmitting the paperwork with broader language. So long as the manager-sponsored O1 Visa isn't project specific and allows the artist to work on a broad range of projects, [the type of O1 Visa many actors have, only to be illegally rejected by the other companies anyway] it's usually fine." - Jason Kennedy, C.S.A. (Casting Society of America)

"MEG LIBERMAN (who works for CBS) ... Basically if an actor is hired by one production company to work on a particular production, that Visa might not extend to another production company. The best thing..is..a "Blanket O1" that is not specific to any one project. The language on the underlying paperwork has to be as broad as possible."
[Yet actors who have this very, perfect, broad, 'blanket O1' will still not even be considered by the companies mentioned, and many others besides, which of course again breaches the legal requirement that "Employers CANNOT specify which document(s) they will accept from an employee." These employers ARE specifying which documents they will and will not accept.]


On behalf of all affected visa holding artists, I look forward to receiving your urgent response to this deeply concerning matter, and your assurance that the DOJ is taking urgent steps to:

1) Contact the aforementioned companies (namely Central Casting, NBC-Universal, Sony Pictures, and General Electric) to advise them that they are illegally discriminating against work authorized individuals, and must STOP.

2) Work with the law-breaking companies so that they urgently adjust their illegal 'policies' to come fully into line with the law, or with the example set by CBS-Paramount who treat each applicant on a case-by-case basis, only to find many such O1 applicants have a broad and perfectly acceptable O1 Visa - rather than rejecting all O1 Visa holders out of hand.

3) Issue guidelines in relevant industry publications such as 'Back Stage', for the attention of ALL production companies, studios, and agencies (for it is not just those listed who are acting in this way), clarifying that this type of policy is illegal, and will not be tolerated if it should continue any longer within the industry.


Assuring you of my best intentions on behalf of all affected and legally work authorized actors trying to contribute their talents to the diverse US entertainment industry.

Yours sincerely
<YOUR NAME>

<YOUR REPLY CONTACT DETAILS>

And your motavation for this is what?
No offense but, This IS America. I have worked with many people from other parts of the world who have become AMERICAN citizens to work in this country. Ya want to work here? Then accept the responsbilites that go along with it. Pay taxes,vote and dont try to change the system without becoming a American first.

No offence, but it is clear you haven't read or understood my post properly, nor do you understand what an O1 visa is.

You imply people have to become American citizens to work in America. If you had first Googled about O1 or other visas, you'd realise issuance of such visa is the US government giving the holder authorization... to work in America, normally for 3 years.

O1 visa holders do pay taxes, can and do vote, and do not need to change the system. The system works great for such visa holders - my post above is about companies who are breaking the law, and the petition to the DOJ is to urge them to take action against the companies who are breaking the law by refusing to hire O1 work authorized visa holders.

You may want to re-read the post and/or do a little Googling. Sorry if it confused you - it is quite long. Let me know if you have any further queries.

quote:

O1 visa holders do pay taxes, can and do vote

Oh really ? So a person from outside the US can vote now? I guess I missed the new bill in congress that gave a foriegn national who is not a citizen the right to vote in our country.

http://www.sos.ca.gov/election..._id_requirements.htm seems to imply any "resident" can vote, but I am happy to stand corrected. I'm not paying much attention to that side of things - this thread is very clearly about illegal discrimination against work authorized residents. Sorry but I am not looking to muddy the waters with other 'I'm right you're wrong' discussions.

I hope my original thread has been understood and that you do now appreciate that it is not only citizens who are allowed to work in the USA, and therefore how the companies mentioned are breaking the law by turning away residents who have a USCIS work visa.

Visa holders work for years, sometimes decades, in their home country to reach the 'extraordinary achievement' standard required by USCIS, then spend $5-10,000 legal fees obtaining the visa. I hope you appreciate how soul destroying it can be for a US studio to then illegally reject them even though they are looking for foreign actors, because they have a 100% valid USCIS backed work visa. This breaks the laws set by the president YOU voted in. This is my motivation.

I thought about this all day. There are THOUSANDS of actors in America going thru the same trails and tribulations that you bemoan about here. True they dont have visa issues but on the other hand the competition is ferocious out there. So a CD decides to give work to Americans first. Good for them. Maybe they just dont want the hassle invovled with non citizen actors? Spending money to procure a Visa is there own tough luck. I am sorry for them but Americans should work first!

Your opinion is respected - and thank you for giving it some thought. Unfortunately despite your opinion that Americans should work first, that is a prejudiced and illegal view, if it is held by studios and production companies - there are no two ways about this, the DOJ clearly state:

"It is illegal to discriminate against any individual ... because of that individual's national origin or citizenship status..."

The law is the law, and Americans voted in presidents who passed such laws on their behalf, as the voice of the people. I'm trying not to be shocked at your views that 'Americans have more rights than foreigners' - that is NOT the American way, yet sadly it is the stereotype we hear a lot of. However it is one thing for an American to hold that view, but quite another for huge corporations to break that law. Opinion is one thing, but illegal actions are another. The bottom line is these companies ARE breaking that law.

FWIW, it is only after a company has already decided to cast a foreigner (say they want a Russian gangster, or a quirky Brit, or an Australian surf-dude), that these visa issues come into play. By that time most Americans have already been overlooked for the parts anyway, so it's not like 'those darn foreigners' are stealing American jobs or anything.

Unless you can show that these companies are not illegally discriminating, I'm not sure there's much more we can add to this conversation.

quote:

Originally posted by BackstagePass:
Your opinion is respected - and thank you for giving it some thought. Unfortunately despite your opinion that Americans should work first, that is a prejudiced and illegal view, if it is held by studios and production companies - there are no two ways about this, the DOJ clearly state:

"It is illegal to discriminate against any individual ... because of that individual's national origin or citizenship status..."

The law is the law, and Americans voted in presidents who passed such laws on their behalf, as the voice of the people. I'm trying not to be shocked at your views that 'Americans have more rights than foreigners' - that is NOT the American way, yet sadly it is the stereotype we hear a lot of. However it is one thing for an American to hold that view, but quite another for huge corporations to break that law. Opinion is one thing, but illegal actions are another. The bottom line is these companies ARE breaking that law.

FWIW, it is only after a company has already decided to cast a foreigner (say they want a Russian gangster, or a quirky Brit, or an Australian surf-dude), that these visa issues come into play. By that time most Americans have already been overlooked for the parts anyway, so it's not like 'those darn foreigners' are stealing American jobs or anything.

Unless you can show that these companies are not illegally discriminating, I'm not sure there's much more we can add to this conversation.

Well said, one's opinion is one's opinion. But the law is the law.

Dutch if you feel Americans (and by Americans I assume you mean US citizens and not Canadians or Mexicans both of which are Americans) should get preferential treatment over visa holders then fight to change to law. Until then, as an american, I would hope you would fight to uphold the law.

If those safeguards weren't in place, the talent pool would be even more flooded than it is, and it is about neck high already. If it's a question of quality, you can make your case. According to foreign actors I've talked to, you must prove your track record... that you are unique as a talent, that you can do something that cannot be done by existing US talent, and that you won't just take jobs from US actors.

Sounds reasonable. Not sure what the limits are per country.

It must be a big hurdle for foreign actors but let's face it, the ones that make it through will deserve it, and the others can feed on each others' flesh--I mean study, develop themselves, and work in their own country until the right time. I'll be honest, if I were you I'd still be on the other side of the fence. I'm just lucky to have the citizenship part out of the way.

You seem to be talking about the hurdles of obtaining an O-1 Visa, whereas this thread is about those who HAVE achieved the visa, only to be illegally refused work by studios.

You're right. I read it again, stupid me. I did not know that work visa holders were getting turned away.

However, whoever this happened to in clear violation of law (last minute loss of plum career making role? jeez) has pretty good case for a lawsuit, which if things are as described, would be 100% justified.

That's right, only it is happening across the board with some studios, so I hope people here (your good self included) will petition the DOJ as described in the first post, to investigate the offending studios to prevent it happening again. As you rightly say, it is ruining potentially great careers.

quote:

Originally posted by BackstagePass:
That's right, only it is happening across the board with some studios, so I hope people here (your good self included) will petition the DOJ as described in the first post, to investigate the offending studios to prevent it happening again. As you rightly say, it is ruining potentially great careers.

Honestly if the problem is as wide spread as you make it seem (and I tend to believe it is) the way to hit them is in the wallet...file a class action. Problem solved. It should be an open and shut case, especially if these companies have well known and published policies against the acceptance of these documents. I'm sure some lawyer would love to get his hands on a case such as this.

I'm not really the litigious type but sometimes it's the only thing that really works.

If the problem really is that bad then a lawsuit should already be under way as there would be local attorneys interested and a petition would be besides the point.

If the problem really isn't that big and is mainly between studio sponsors or types of visas then a lawsuit would not be justified but a petition might be in order to highlight the situation for foreign actors on work visas.

quote:

Originally posted by Dutchman`:
And your motavation for this is what?
No offense but, This IS America. I have worked with many people from other parts of the world who have become AMERICAN citizens to work in this country. Ya want to work here? Then accept the responsbilites that go along with it. Pay taxes,vote and dont try to change the system without becoming a American first.

It takes years of being a legal resident before you can apply for citizenship. During the years of being a legal resident these people do pay taxes and they can vote in local and state elections. Work visas issued the the US government are perfectly legal , lets not paint all immigrants with the same brush.