I’ve written previous posts criticizing the State Department for requiring the public to use the new Form DS-160, Nonimmigrant Visa Application, before the Department’s form-filling website is ready for prime time. See here and here. Right now it’s 11pm. I just wasted 45 minutes trying to upload the saved data for a form when suddenly the website timed out, meaning that I need to start over.

But what irritates me ever more is the State Department’s message about the website’s technical problems:

This message strikes me as disingenuous. First, the website problems have not been “resolved,” as the hardworking paralegals at our law firms’ multiple offices can attest after hours and hours of failed attempts to file Forms DS-160. Second, the problems were not “unanticipated” but instead ongoing, as reflected by my prior posts. Third, calling the remaining problems “latency issues” is pure technobabble meant to obfuscate the problem that website is still so slow that it crashes.

In response to this problem, the American Immigration Lawyer’s Association has been in contact with the Visa Office regarding the Form DS-160 problem and has urged that all consulates immediately resume accepting the old visa application forms until the problem is solved. The U.S. Embassy in Beijing has continued to allow submission of the old Forms DS-156 and 157 for the second straight week, but the U.S. Consulate in Shanghai has stubbornly resisted this reasonable solution to allow applicants to travel to the U.S. without interruption.

I’m confident the State Department will eventually fix the problem. I just wish they wouldn’t treat the public as beta testers and then call it “customer service.”

According to a new study by U.S. Citizenship and Immigration Services, the number of unauthorized residents from China living in the U.S. has decreased from 2000 to 2009, at the same time that the overall population of unauthorized residents has increased.

Some 62 percent of unauthorized residents are from Mexico. Between 2000 and 2009, the total population of unauthorized residents grew by 27 percent.

At the same time, the unauthorized population from China was 190,000 in 2000, grew to 230,000 in 2005, grew again to 290,000 in 2007, and then fell precipitously to 120,000 in 2009.

The term “unauthorized resident” refers to persons living in the U.S. illegally. Most either entered the U.S. without inspection or were admitted temporarily and stayed past the date they were required to leave.

The precipitous fall in Chinese unauthorized residents is particularly curious given that the number of Chinese traveling to the U.S. on nonimmigrant visas actually increased from 2007 to 2009.

The USCIS report doesn’t attempt to explain the precipitous drop of Chinese unauthorized residents.   It seems likely that one factor is that this population was hit hard by the economic crisis in the U.S. and was drawn back to the relatively stable economy in China. Other possible factors could include: (a) better screening of nonimmigrant visa applicants by the U.S. Consulates in China to deny visas to intending immigrants; (b) a greater number of arrests and deportations of Chinese by the U.S. Department of Homeland Security;  and/or (c) more open doors for Chinese immigrants in other countries. This is just speculation, and it would be interesting to see further research on this.

See Michael Hoefer, et al, Estimates of the Unauthorized Immigrant Population Residing int the United States: January 2009 (USCIS Office of Immigration Statistics Jan. 2010), http://www.dhs.gov/xlibrary/assets/statistics/publications/ois_ill_pe_2009.pdf.

I was proud to learn today that the very first Form DS-160, Nonimmigrant Visa Application, to be received by the U.S. Consulate in Chengdu was prepared by our law firm. Our client’s visa was approved.

I previously reported that the U.S. State Department has announced that by March 2010 all nonimmigrant visa applicants in China will need to use the new Form DS-160. This form combines and replaces previous Forms DS-156, 157, and 158.

Here’s an update on implementation of the new Form DS-160 by U.S. Consulates in China:

* Beijing: Effective Jan. 20 applicants through the American Chamber of Commerce (AmCham) corporate visa program are required to use DS-160. At our firm’s request, the Embassy has made this optional for applicants who experience technical difficulties filling the DS-160. Effective Mar. 1, all applicants must use DS-160–its use is optional beforehand. See http://beijing.usembassy-china.org.cn/ds160onlineapplication.html.

* Chengdu: Effective Feb. 4 applicants through the AmCham corporate visa program must use the DS-160. Effective Mar. 1 all applicants must use it–its use is optional beforehand. See http://chengdu.usembassy-china.org.cn/ds-160_new.html.

* Guangzhou: Effective Mar. 1 all applicants must use DS-160. http://guangzhou.usembassy-china.org.cn/visa-application-form2.html.

* Shanghai: Effective Jan. 11 applicants through the AmCham corporate visa program were required to use the DS-160.  After advocacy by our firm and others, the Embassy has made this optional for applicants who experience technical difficulties filling the DS-160. Effective Mar. 1, all applicants must use DS-160–its use is optional beforehand. See http://shanghai.usembassy-china.org.cn/non-immigrant_visas/new-online-application.html.

* Shenyang: No announcement from the Consulate yet. See http://shenyang.usembassy-china.org.cn/160.html.

Also see my report on how filling the Form DS-160 can be an exercise in frustration.

SHANGHAI, Jan. 5 (Xinhua) — Six types of foreign professionals and investors in Shanghai are now eligible to live in the city five years, instead of the usual one year, in a move to help boost economic growth, Tuesday’s China Daily reported.

Authorities implemented the measures for expatriates on Jan.1 to entice scientific researchers, top managers and investors to stay longer in the city.

 Other categories are: individuals with highly specialized skills, celebrities, private investors and foreigners awarded special status in light of their contributions to China. All of these people can apply for five-year residence permits, the newspaper said.

One of the changes makes life considerably easier for business owners, who formerly had to prove that they had 30 million U.S. dollars of registered capital to apply for the extended permit. This figure was slashed by 90 percent at the turn of the year, according to the newspaper.

 ”Now that the number has dropped to 3 million U.S. dollars, the range of expats who are eligible to qualify has soared, “a police officer surnamed Zhang from the exit-entry administration bureau of the Shanghai public security bureau was quoted as saying by the China Daily.

The extended residence permits were implemented citywide following a successful trial in Shanghai’s Pudong New District from July 1. In this interim period, police processed more than 500 of the new five-year permits, said the newspaper.

Shanghai saw its population of foreign permanent residents top the 150,000 mark in 2008, up 20,000 from the year before. Figures for last year have not yet been released by the city’s bureau of family planning.

Most foreigners live in Shanghai on a short-term basis, using either the tourist (L) or visitor (F) visas, which usually allow them to stay for up to three months, according to the newspaper.

Update: The U.S. Consulate in Shanghai has now agreed, similar to the U.S. Embassy in Beijing, that prior to Mar. 1, if an applicant has connectivity problems filling the DS-160 then he or she may instead use the old Forms DS-156 and 157.

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The U.S. State Department has announced that in March 2010 all nonimmigrant visa applicants in China will need to use the new Form DS-160, Nonimmigrant Visa Application. This form combines and replaces previous Forms DS-156, 157, and 158.

To test the form with smaller groups, the State Department began to require its use for the American Chamber of Commerce (AmCham) corporate visa programs in Shanghai (effective Jan. 11) and Beijing (effective Jan. 20). Our firm’s initial experience with the form has been frustrating.

The main problem is that this Form must be completed and filed electronically on the State Department’s website (http://ceac.state.gov/genniv), but the website is unstable. The website itself has posted a warning:

However the problem is more serious than that warning implies. The website crashed so often that over the past days (Wed., Jan 20 to Fri., Jan. 22) it has been very difficult to complete the form. The most common error is a “time out” error:

We tried many hours (including early mornings and late nights) filing the forms from multiple PCs and from three of the firm’s offices in China and the U.S. But time after time the system crashed. Only by filing the form over and over did we sometimes get lucky enought to finish the filing process.

We have explained the problem to the U.S. Embassy in Beijing, and the Embassy has agreed to our request to continue to accept the old Forms DS-156 and 157 for the AmCham corporate visa program through Mar. 1.  However, the U.S. Consulate in Shanghai insists that the DS-160 must be used. Applicants with difficulties filling the DS-160 in Shanghai should be aware that the AmCham program is now optional, meaning that an appointment may be scheduled through the normal channel by calling the Visa Call Center. The regular channel will continue to accept Forms DS-156 and 157 until Mar. 1.

Some Chinese scientists who have established their careers in the U.S. are deciding to return to China, according to Sharon LaFraniere’s article entitled Fighting Trend, China is Luring Scientists Home, in January 6th’s New York Times.  The number of returnees seem to be small but significant.

In brief, here are the pros and cons of returning to China, according to the article:

Pros:

* Chinese government and Party support for returning scientists.

* Scientists can take pride in helping their own nation.

* Within the next 20 years, China may surpass the U.S. in the ability to commercialize R&D.

* The ability to make a difference: Shi Yigong left a position at Princeton to become the dean of life sciences at Tsinghua. He admits that Tsinghua is not on par with Princeton, but “[i]n the United States, everything is more or less set up. Whatever I do here [in China], the impact is probably tenfold, or a hundredfold.”

* The sense that “Asians confront[ ] a glass ceiling in the United States.”

Cons:

* The Chinese scientific community may not recognize the contributions made overseas by returnees.

* “Connections too often trump[ ] merit when grants [a]re handed out in China.”

What do you think?

Statistics show a surge in interest in the EB-5 investor visa program during 2009. Created as part of the Immigration Act of 1990, the EB-5 visa program grants lawful permanent residence to foreign nationals who invest $500,000 or $1 million in U.S. businesses and create or preserve at least 10 U.S. jobs.

Especially noteworthy is the increase in “regional centers.” These are private corporations or government agencies which can pool investor money to make large investments in specific geographic areas. The centers have used EB-5 investor capital in a wide variety of projects, including hotels, manufacturing enterprises, farms, restaurants, and technology companies.

U.S. Citizenship and Immigration Services statistics for fiscal year 2009 (ending October 1, 2009):

* Form I-526, Immigrant Petition by Alien Entrepreneur:  1028 received, 966 approved, 163 denied.
* Form I-829, Petition by Entrepreneur to Remove Conditions: 437 received, 335 approved, 55 denied.

U.S. Department of State Statistics:

* FY 2009: 4,218 immigrant visas issued.
* FY 2008: 1,443 immigrant visas issued.

Regional Centers:

* FY 2009: 74
* FY 2008: 23

In the past, Chinese students applied in droves to study in science, technical, and math graduate programs in the U.S. But a tectonic shift is taking place. Now, greater numbers of Chinese are applying to study as undergraduates abroad too. Leading reasons seem to be:

* Greater wealth in China means more families can afford to send their children abroad.

* The Chinese higher education system can’t meet the demand. Ten million students take the annual national college entrance test, competing for only 5.7 million admission slots.

* Going abroad is an alternative for students who don’t pass the college entrance test or who don’t get into their school/major of choice in China.

Chinese undergrads and graduate students in the U.S. now total about 100,000.

Read more in USA today.

U.S. Citizenship and Immigration Services (USCIS) has announced that it received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2010.  Dec. 21, 2009 is the “final receipt date” for new H-1B specialty occupation petitions requesting an employment start date in FY 2010.

The “final receipt date” is the date on which USCIS determines that it has received enough cap-subject petitions to reach the limit of 65,000. USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY 2010 that arrive after Dec. 21, 2009.

Properly filed cases will be considered received on the date that USCIS physically receives the petition; not the date that the petition was postmarked.  USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY 2010 that arrive after Dec. 21, 2009.

USCIS will apply a computer-generated random selection process to all petitions that are subject to the cap and were received on Dec. 21, 2009.  USCIS will use this process to select petitions needed to meet the cap.  USCIS will reject, and return the fee, for all cap-subject petitions not randomly selected.

Petitions filed on behalf of current H-1B workers who have been counted previously against the cap will not be counted towards the congressionally mandated FY 2010 H-1B cap. Therefore, USCIS will continue to process petitions filed to:

• Extend the amount of time a current H-1B worker may remain in the United States.
• Change the terms of employment for current H-1B workers.
• Allow current H-1B workers to change employers.
• Allow current H-1B workers to work concurrently in a second H-1B position.

Certain H-1B petitions are also exempt from the H-1B cap. These include foreign nationals offered employment at an institution of higher education, a related or affiliated nonprofit entity, a nonprofit research organization, or a governmental research organization. (USCIS has already received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the “advanced degree” exemption.)