Is the Chinese Students and Scholars Association an “Affiliate” of the Communist Party? Would Joining Make Me Ineligible for a Green Card?

A reader asks:

I am a student at the University of … with an F-1 visa. I’m a senior. I will be applying for optional practical training (OPT) work authorization. Hope to find an employer to sponsor me for an H-1B visa and a green card. I heard that a green card application can be denied if the applicant has belonged to an organization “affiliated with” the Communist Party.  If that’s true, could membership in the Chinese Students and Scholars Association be a problem?

Continue reading “Is the Chinese Students and Scholars Association an “Affiliate” of the Communist Party? Would Joining Make Me Ineligible for a Green Card?”

Expeditious Naturalization under Section 319(b) for Spouses of U.S. Citizens Employed Abroad

This article covers the requirements and procedures for spouses of U.S. citizens employed abroad by U.S. employers to apply for expeditious naturalization under section 319(b) of the Immigration and Nationality Act.[1]

The main benefit of expeditious naturalization is that the applicant is exempt from the normal requirements that he or she (a) continuously reside in the U.S. as a lawful permanent resident (LPR) for 3 or 5 years immediately prior to filing the naturalization application[2]; and (b) be physically present in the U.S. for one half of that time.[3] Continue reading “Expeditious Naturalization under Section 319(b) for Spouses of U.S. Citizens Employed Abroad”

The RAISE Act Would Harm U.S. Families and Businesses

The Reforming American Immigration for a Strong Economy Act (RAISE) Act – introduced by Senators Tom Cotton and David Perdue, with the support of President Trump – would eliminate the immigration system that we know today and replace it with a points-based system that ignores the benefits of family unity and the needs of U.S. employers. Continue reading “The RAISE Act Would Harm U.S. Families and Businesses”

President Trump Rescinds Obama-Era Goal to Speed Visa Processing

President Trump on June 21 rescinded an executive order issued by former President Obama in 2012 that sought to speed up visa interview wait times for nonimmigrant visa applicants, including visitors for business or pleasure, students, and other temporary visitors. More visa delays and denials are likely as a result of the Trump administration’s reduced emphasis on efficiency as well as new, in-depth vetting questions the administration is putting into place. Continue reading “President Trump Rescinds Obama-Era Goal to Speed Visa Processing”

Members of Congress Probing Potential EB-5 Related Securities Fraud by Kushner Companies

Members of Congress from both parties are investigating whether Kushner Companies’ EB-5 fundraising activities constitute securities fraud.

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 subsequently reported 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 “Members of Congress Probing Potential EB-5 Related Securities Fraud by Kushner Companies”

Kushner Companies EB-5 Activities Reported by Reuters and NY Times May Constitute Securities Fraud

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”

AmCham China 2017 White Paper: Visa Policy

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”