The U.S. Department of Homeland Security has just published it’s FY 2016 entry/exit overstay report. It shows that the visa overstay rate for Chinese visitors and students is lower than the global average and decreasing over time. Continue reading “Chinese Visitor and Student Overstays in U.S. Fewer Than Global Average”
As has been widely reported, Kushner Companies recently put on a roadshow to market to Chinese investors a New Jersey real estate project called One Journal Square. The investments are structured such that investors may qualify for green cards through the EB-5 program, which requires a minimum $500,000 investment resulting in the creation of at least 10 U.S. jobs.
Initial reporting about the roadshow led the Kushner Companies to apologize for boasting about their ties to White House adviser Jared Kushner during the roadshow. “In a sector where investors are wary of failing projects and policy changes that would jeopardize their visas,” writes Alexandra Harney for Reuters, such boasts are meant to “reassure potential investors their EB-5 projects will be successful.”
Reuters and the New York Times are now reporting that Kushner Companies’ activities may have crossed the line from boasting to misrepresentation. This perhaps makes the company vulnerable to charges of securities fraud by the U.S. Securities and Exchange Commission (SEC). Specifically, advertisements by the company’s marketing agent in China contain multiple misrepresentations about the safety of the investment.
Continue reading “Kushner Companies EB-5 Activities Reported by Reuters and NY Times May Constitute Securities Fraud”
Eight North Korean Defectors in China at Risk of Deportation: Rights Group (Reuters, Apr. 24): Human Rights Watch says a group of North Korean defectors were detained in Shenyang, Liaoning Province, after what appears to have been a random traffic stop.
Continue reading “Quick Takes on U.S. & China Visa Law News”
AmCham China’s recently published 2017 White Paper on American Business in China recommends that China streamline the process for issuance of police certificates to foreigners. As background, foreigners who have resided in China for work or other purposes may subsequently be required to provide a Chinese certificate of no criminal conviction (CNCC) for purposes such as background checks for employment or immigration to countries such as the US, Canada, Australia, or New Zealand.While in some cities such as Beijing and Shanghai, the process to apply for a CNCC is fairly straightforward, in many cities, there is no publicly available procedure for how to apply for a CNCC, and the process can be onerous. Continue reading “AmCham Asks Chinese Government to Streamline Issuance of China Police Certificates to Foreigners”
AmCham China just published its 2017 White Paper on American Business in China. “With uncertainty stemming from political and economic transitions in both the US and China, perceptions of a deteriorating investment environment for foreign companies in China, and a slowing economy, 2017 will likely be one of the most challenging years in decades for U.S. companies in China,” it says. The Visa policy chapter focuses on: Continue reading “AmCham China 2017 White Paper: Visa Policy”
While the H-1B petitions submitted for the lottery this cap season were still in transit to the USCIS, both the USCIS and the DOL announced several measures aimed at detecting H-1B visa fraud and abuses. The rules focus on computer programmers, site visits, and protecting American workers. Continue reading “H-1B Visas: USCIS and Dep’t of Labor Tighten Rules and Investigate Fraud”
U.S. Customs and Border Protection has a handout on Inspection of Electronic Devices, available here. There is a section on “Why You May Be Chosen for an Inspection,” but it omits any mention of CBP’s legal position: that a person may be chosen for any reason or no reason at all: no reasonable suspicion is required. The notice also explains the procedures for return of seized devices.
U.S. Customs and Border Protection (CBP) has published a Feb. 21, 2017, notice of its intent to collect Chinese travelers’ social media account information. There is a 60-day window for public comment. Tell CBP this is a bad idea.
2017-04-12 Update: The American Chamber of Commerce-China has submitted a comment to CBP explaining why they oppose the rule. See here.
Continue reading “Tell CBP: Don’t Spy on Chinese Travelers’ Social Media”
The 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 (Shenyang)”
U.S. Secretary of State Rex Tillerson sent four cables to consular officers between Mar. 10 and 17 with preliminary instructions for stricter vetting of U.S. visa applicants. The cables emphasize that “all visa decisions are national security decisions” and that additional screening may “may cause interview appointment backlogs to rise.” Continue reading “Client Alert: State Dep’t Begins Stricter Vetting of Visa Applicants”