AmCham China Addresses U.S. Visa Policy in 2018 White Paper

2018 is a historic year for American companies operating in China: as China marks its 40th anniversary of economic reform and opening, AmCham China is issuing the 20th edition of its American Business in China White Paper. This paper is a comprehensive assessment of the operating environment for foreign companies in China.

It was a pleasure to participate in drafting the chapter on U.S. visa policy, which discusses the following topics:

  • Controlling nonimmigrant visa appointment waiting times in China
  • USCIS international entrepreneur rule
  • Subjecting EVUS registrants to questions about social media use
  • Inadequate annual H-1B visa cap
  • Barriers to permanent residents taking assignments abroad
  • Need for a Global Entry enrollment center in Beijing

To read the Visa Policy chapter, see here. To read the entire White Paper, see here.

“Administrative Processing”: a Black Hole for Visa Applicants

For the uninitiated, “administrative processing” is State Department-speak for a temporary visa refusal pending further investigation of a visa application. (9 FAM Appendix E, 404). The applicant typically learns of the temporary refusal when, at the conclusion of the interview, the consular officer issues a written notice stating that under section 221(g) of the Immigration and Nationality Act no visa can be issued until additional administrative processing has been completed. Continue reading ““Administrative Processing”: a Black Hole for Visa Applicants”

Choosing the Best Visa Strategy for a Fiancée or Spouse: K-1, K-3, or CR1/IR1 Immigrant Visa?

A U.S. citizen planning to file a visa petition for a foreign fiancée or spouse outside the U.S. may have various strategies to choose from. The most common options are the K-1 fiancée visa, the K-3 visa, and the CR1/IR1 immigrant visa. This article analyzes the factors to be considered in choosing among the strategies. If I’ve left out any important factor, let me know in the comments. Continue reading “Choosing the Best Visa Strategy for a Fiancée or Spouse: K-1, K-3, or CR1/IR1 Immigrant Visa?”

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”

Communist Party Membership Makes Some Ineligible for U.S. Green Card and Citizenship

NPCDid you think the Cold War was over? The U.S. Immigration and Nationality Act still makes ineligible for permanent residence and citizenship certain persons who have been members of or affiliated with the Communist Party. The Chinese Communist Party (CCP) has some 80 million members, so this ground of ineligibility is a key issue for immigration lawyers representing Chinese clients.

Continue reading “Communist Party Membership Makes Some Ineligible for U.S. Green Card and Citizenship”

Erler v. Erler: Enforcement of Form I-864, Affidavit of Support, Obligations

Affidavit of Support Help CenterA wealthy real estate agent must pay to support his immigrant ex-wife per his Form I-864, Affidavit of Support, even though she is now living with and being supported by her adult son. That’s the ruling of the U.S. Court of Appeals for the Ninth Circuit in Erler v. Erler, 2016 U.S. App. LEXIS 10361 (9th Cir. June 8, 2016). Continue reading “Erler v. Erler: Enforcement of Form I-864, Affidavit of Support, Obligations”

President Signs EB-5 Extension into Law

EB-5Congress gave final approval last Friday to a $1.1-trillion funding bill, keeping the government running through September 30, 2016 (the end of the fiscal year). Tucked into the law is a provision to extend a key part of the EB-5 investment immigration scheme. The provision extends the pilot program for regional centers through September 30 with no changes. Continue reading “President Signs EB-5 Extension into Law”

Form I-864, Affidavit of Support: What if the Petitioner Dies?

cloudsUnfortunately, there are occasions when a petitioner who has filed a Form I-130, Petition for Alien Relative, dies before their relatives immigrate. It may still be possible to complete the immigration process. This article discusses how death alters the normal requirement that the petitioner file a Form I-864, Affidavit of Support. Continue reading “Form I-864, Affidavit of Support: What if the Petitioner Dies?”