Employment Authorization for H-4 Spouses: USCIS Publishes FAQs

Rosie with H-4 EADOn May 26, 2015, U.S. Citizenship and Immigration Services (USCIS) will begin accepting applications for employment authorization from certain H-4 spouses of H-1B temporary work visa holders. The final rule is in place, but USCIS hasn’t yet gotten around to updating its Instructions for Form I-765, Application for Employment Authorization. For now, applicants and their attorneys will need to settle on some filing tips and FAQs from USCIS. Applicants should feel free to contact our law firm for assistance with the process.

Continue reading Employment Authorization for H-4 Spouses: USCIS Publishes FAQs

China’s Refusal of Passports to Certain Minorities, Children without Hukous, and Others Impinges on Their Right to Leave and Return

Chinese PassportFor more than a decade, most Chinese have become increasingly accustomed to a hassle-free passport application process. But the right to leave and return (RLR) is still limited for certain minorities (including Tibetans and Uighurs), children without hukous, and dissidents. But denying passports to these groups only further marginalizes them and increases tensions by denying them opportunities for overseas education, connections, and jobs. Continue reading China’s Refusal of Passports to Certain Minorities, Children without Hukous, and Others Impinges on Their Right to Leave and Return

Quick Takes on U.S. and China Visa Law News

visa-law-news-briefsFederal “Maternity Tourism” Case Grows with Arrest of O.C. Attorney (Joel Rubin for Los Angeles Times, May 18): Federal agents have arrested Irvine attorney Ken Zhiyi Liang on suspicion of witness tampering. He allegedly tried to assist a Chinese woman to leave the U.S. in violation of a court order that she remain in the country as a material witness in the ongoing Southern California birth tourism investigation. It appears that, at the behest of agents, the woman taped her conversations with the lawyer. This investigation made headlines in March when scores of federal agents raided properties associated with three alleged operators.

Charged With Graft in China, Some Fugitives Are Finding Luxury in U.S. (New York Times, May 15)

Want a Green Card? Invest in Real Estate (New York Times, May 15): Developers are eager to access the EB-5 investors’ funds because they are cheaper than many other financing sources. This is in large part because the participants are focused on securing green cards and are therefore willing to take smaller returns on their investment, typically earning less than 1%. For example, but for EB-5 funds, one New York City developer would have taken out a loan and paid around 12% in interest, but EB-5 money can be as low as 5%, considering the costs of pay the costly Chinese immigration agents, as well as legal fees and other expenses.

Chinese Police Order Residents in a Xinjiang Prefecture to Turn In Passports (New York Times, May 14): In an attempt to combat ethnic violence, police have ordered residents of Ili Kazakh Autonomous Prefecture prefecture in Xinjiang to hand over their passports to the police or have the documents canceled. Uighurs in Xinjiang have had a hard time getting passports for many years, but the prefecture-wide collection of passports seems to be new. Ili is ethnically diverse and borders on Kazakhstan, Mongolia and Russia. Nicholas Bequelin of Amnesty International interprets the government policy as an attempt to deny Uighur separatists support from abroad, but he fears that the policy will “reinforc[e] the sentiment of alienation of ethnic Uighurs, and fuel[ ]the feeling of being second-class citizens, suspect in eyes of the state simply because of their ethnicity.”
Continue reading Quick Takes on U.S. and China Visa Law News

South China Morning Post: How Fugitive Chinese Officials Enter the U.S. (Quoting Gary Chodorow)

fox huntChina announced recently that 40 suspects on a list of 100 wanted fugitives are believed to be hiding in the U.S. The Communist Party’s Central Commission for Discipline Inspection released the list as part of its “Sky Net” anti-corruption operation, as reported by the South China Morning Post. Continue reading South China Morning Post: How Fugitive Chinese Officials Enter the U.S. (Quoting Gary Chodorow)

Immigration Issues for Dual Nationality Chinese Children

混血儿China’s Nationality Law “is causing big headaches for the growing number of mixed-nationality families in China,” as recounted in Visa Complexity Vexes Parents of Dual Nationality Chinese Children (Los Angeles Times, Apr. 19, 2015). Continue reading Immigration Issues for Dual Nationality Chinese Children

Party and State Council Plan for Immigration to Spur Innovation

National People's CongressPremier Li Keqiang last month delivered a report to the National People’s Congress, saying “We will work to attract high-caliber foreign professionals and bring in other expertise from overseas.” Soon afterwards, a document released by the Central Committee of the Chinese Communist Party and the State Council elaborated on this plan. Continue reading Party and State Council Plan for Immigration to Spur Innovation

Job Opening: Bilingual Paralegal (Beijing, Shanghai, or Shenyang)

job_openingThe paralegal will work under lawyer supervision to manage all steps of U.S. immigration cases. This includes nonimmigrant visas (e.g., B, H, L, O), permanent residence (e.g., through family, investment, or employment), and naturalization. Continue reading Job Opening: Bilingual Paralegal (Beijing, Shanghai, or Shenyang)

Feds Raid Birth Tourism Businesses in Southern California (BBC, USA Today Interview Gary Chodorow)

Feds Raid Apartments for Birth TouristsOn March 3, 2015, federal law enforcement officers executed search warrants at about 37 Southern California locations in what is potentially the biggest federal criminal case to date against birth tourism agencies. Continue reading Feds Raid Birth Tourism Businesses in Southern California (BBC, USA Today Interview Gary Chodorow)