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Table of Contents    Cover    Featured Article

MCLE Test and Answer Sheet


Test No. 94: Minding Your O's and P's (April 2001  LA Lawyer)

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Instructions for Obtaining MCLE Credits
The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour.

1.Study the CLE article in this issue.


2.Answer the test questions by marking the appropriate boxes. Each question has only one answer. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced.

3.Mail the answer sheet and the $15 testing fee ($20 for non-LACBA members) to:
Los Angeles Lawyer
MCLE Test
P.O. Box 55020
Los Angeles, CA 90055 
Make checks payable to Los Angeles Lawyer.

4.You can also fill in the test form and submit it directly to LACBA by clicking "Submit." To submit your test answers online you will need to pay by credit card. After submitting your answers you will be presented with a screen requesting payment information. This information will be submitted in a secure mode which will allow you to safely transmit your credit card number over the Internet. If you prefer not to pay by credit card, please print this answer sheet and submit your responses by regular mail.

5.Within six weeks, Los Angeles Lawyer will return your test with the correct answers, a rationale for the correct answers, and a certificate verifying the CLE credit you earned through this self-assessment activity.

6.For future reference, please retain the CLE test materials returned to you.
Test Sheet 
Mark your answers to the test by clicking next to your choice. All questions must be answered.  Each question has only one answer. This test is worth 1 hour of credit.*

1. If an agent obtains additional engagements for an alien after the agent’s O-1 visa petition for the alien has been approved, must the agent file an amended petition listing the additional engagements?
Yes.
No.

HYPOTHETICAL 1
A prominent U.S. animation studio wants to hire an alien to fill the position of animation production manager. The alien has no university degree or formal training, and none of the U.S. studio’s senior personnel have worked with the alien before. The alien, however, has eight years of high-level experience in animation production-flow management in Europe and Asia and is highly recommended in industry circles. The animation union insists that it cannot provide an advisory opinion because it does not have jurisdiction over a position that is mainly administrative and managerial.

2. What type of visa application should be filed on behalf of the alien animation production manager?
A. O-1 “extraordinary ability” in the arts. .
B. O-1 “extraordinary achievement” in motion pictures/television..
C. O-2 accompanying alien.


3. The visa application for the alien animation production manager should include the following consultations:

A. None, because the union has refused jurisdiction.
B. A management group consultation.
C. A management group consultation, together with a letter from the union confirming its refusal of jurisdiction.
D. None, but a letter from the union confirming its refusal of jurisdiction is necessary.
E. A management group consultation, along with a letter from the union confirming its refusal of jurisdiction and a positive advisory opinion from a peer.


4. The law distinguishes between O-1 aliens in the arts and O-1 aliens in motion pictures and television. However, both are required to meet the same evidentiary criteria.
True.
False.

5. If an alien has won a major, internationally recognized award, such as an Oscar, Tony, or Grammy, no other evidence of the alien’s distinction or accomplishment is required for an 0-1 visa.
True.
False.

6. When an alien’s job duties fall under the jurisdiction of two unions, the petitioner must obtain consultations from both unions.
True.
 False.
 

HYPOTHETICAL 2
An Oscar-winning British movie director has started shooting Guns of Dover in Britain. The remainder of the shoot is scheduled to take place on location in the United States. The film’s producer is American but the cast and crew are British. The British director wants to bring his entire British cast and crew to the United States, even though he has not worked with them before on any prior production. He also wants to bring in his personal secretary, who has been working for him for three months, and his longtime personal assistant. Both his personal secretary and his personal assistant tend to the director’s general business and private matters but have no specific responsibilities on the film itself. The shoot will end on June 12, but the director intends to vacation in the United States for five more days.


7. What type of visa should be obtained for the director?
A. O-1 extraordinary achievement in motion pictures/television.
B. O-1 extraordinary ability in the arts.
C. O-2 accompanying alien visa.

8. In order to bring every member of the British cast and crew into the United States, must the petitioner prove that each individual has demonstrated extraordinary achievement in his or her career?
Yes.
No.

9. What would be the correct basis for an O-2 argument for the cast and crew?
A. They are the director’s “essential support personnel.”
B. They have demonstrated extraordinary achievement in their careers.
C. Production continuity and the successful completion of the shoot mandate their ongoing participation.
 

10. Is the director’s personal assistant eligible for an O-2 visa?
A. Yes, because the assistant has shown extraordinary ability.
B. Yes, because the assistant provides essential support to the director.
C. Yes, because the assistant’s services are vital to the successful completion of the production.
D. No.

11. The director’s secretary is eligible for an O-2 visa.
True.
False.

12. Would the terms of the director’s O-1 visa compel him to apply for another visa on June 12 because he wants to stay an extra five days beyond the end of the shoot?
Yes.
No.

13. O-1 visas are issued for a maximum initial period of three years, depending on the length of the “event.” O-1 extensions are granted in maximum increments of:
A. Three years.
B. Two years.
C. One year.
 

14. A P-1 NBA basketball player is traded to another team. Under what conditions will he be allowed to play for the new team?
A. He must wait 30 days before he can start playing for the new team.
B. The new team must file a new P-1 petition and then wait 30 days before letting him play.
C. As long as a new P-1 petition has been filed, he can play for the new team until the petition is adjudicated.
D. He can start playing for the new team immediately, but the new team must file a new petition for him within 30 days of his acquisition.
E. He must wait until his new team’s P-1 petition on his behalf is approved before he can play for them.
 

HYPOTHETICAL 3
A South American pop music group wants to enter the United States to perform and record. Although its individual members are highly experienced and have accomplishments with other popular bands, they formed this particular group six months ago and have only released one single, which is doing well in Europe. 

15. What type of visa would be appropriate?
A. O-1 extraordinary ability in the arts.
B. P-1 entertainment group.
C. P-3 culturally unique entertainment group. 

16. Can the group bring in its manager?
Yes.
No.


HYPOTHETICAL 4
A large Chinese circus is planning on touring the United States. for six months and wants the simplest, most cost-effective immigration strategy. The attorney for the circus obtains appropriate visas for the troupe’s performers and support personnel, including engineers. Four days before the tour is scheduled to begin, an acrobat who stars in the most prominent act in the circus injures herself; moreover, one of the engineers has a family crisis and has to leave the tour. The tour is not financially viable without the act starring the injured acrobat, and the petitioner urgently requires visas for substitute aliens for the acrobat and the engineer.


17. What were the appropriate visas that the attorney obtained for the circus?
A. P-3 visas, because the circus is culturally unique.
B. P-2 visas, because the troupe’s U.S. tour represents general cultural exchange with China.
C. P-1 visas, because the circus performers and support personnel are part of an entertainment group.
D. O-1 extraordinary ability visas for the performers and O-2 accompanying alien visas for the essential support personnel.
 

18. With regard to the substitute aliens, the attorney should advise the petitioner:
A. To prepare a substitute-request letter and send both aliens to the nearest U.S. embassy with the letter and a copy of the original approval notice.
B. To postpone the tour since visa petitions for the substitute performer or engineer cannot be prepared and filed with the necessary consultations and approved by the INS within four days.
C. That substitution of aliens is not allowed.
D. To prepare a substitute-request letter, send the substitute acrobat to the nearest U.S. embassy with the letter and a copy of the original approval notice, and expeditiously file a new petition with the INS for the substitute engineer.
E. To prepare a substitute-request letter, send the substitute engineer to the nearest U.S. embassy with the letter and a copy of the original approval notice, and expeditiously file a new petition with the INS for the substitute acrobat.

19. A Zulu dance troupe intends to enter the United States on P-3 visas to perform and conduct dance workshops. Will the troupe be allowed to bring in its choreographer/teacher?
Yes.
No.

20. All initial O and P petitions must include consultations and a signed deal memo or contract.
True.
 False.


Address and Billing 
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If you do not wish to complete this transaction over the Internet you should print this page and send it to the address listed in Step 3 of the instructions at the top of this page.

  
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*The Los Angeles County Bar Association has been approved as a continuing legal education provider of Minimum Continuing Legal Education credit by The State Bar of California. This self-assessment activity will qualify for Minimum Continuing Legal Education credit by The State Bar of California in the amount of one hour.

   
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