On Dec. 2, 2020, the State Department issued new restrictions on B1/B2 (visitor for business or leisure) visas for members of the Chinese Communist Party (CCP) and their families. CCP members and their families are now limited to single-entry visas valid for entry within 1 month of issuance. In other words, they will need to apply for a new visa for each planned trip to the U.S. (although interviews may be waived for renewal applications). And they won’t have long after visa issuance to finalize travel plans.
In contrast, other Chinese citizens may obtain multiple-entry visas valid for entry within 10 years, under a 2014 reciprocal agreement between Presidents Obama and Xi Jinping.
Technically, the new policy changes the reciprocity schedule for B visas by stating that “B1, B2, and B1/B2 visas for Chinese Communist Party members, their spouses, and children under the age of 21 will be limited to one month, single entry.” (The term “children” refers to unmarried sons and daughters.) Note that although the visa is valid for entry to the U.S. for one month, that does not limit the duration of stay in the United States. Generally speaking, a U.S. Customs and Border Protection officer may admit the visa holder to the country for a period of up to 6 months. That period will be noted on Form I-94, Arrival Record, which can be downloaded from I-94/I-95 Website – Official Site for Travelers Visiting the United States.
A State Department spokesman said that the policy will not revoke unexpired 10-year visas currently held by CCP members.
There are over 100 million members of the CCP; counting their family members, perhaps 200 million individuals may potentially be affected by this policy.
The State Department policy announcement was accompanied by fiery rhetoric from the Department spokesman, who called the move part of ongoing policy, regulatory, and law-enforcement action across the U.S. government to protect our nation from the CCP’s “malign influence.” “For decades we allowed the CCP free and unfettered access to U.S. institutions and businesses while these same privileges were never extended freely to U.S. citizens in China,” he added.
Still, the restrictions are more moderate than an outright ban on travel to the United States by party members, which Trump administration officials had discussed in the summer of 2020.
In a virtual town hall meeting on Dec. 16, 2020, Consul General Nancy Abella of the U.S. Consulate General Shenyang stated that no changes are being made to the visa application process. The Form DS-160, Nonimmigrant Visa Application, for B1/B2 visa applicants does not ask whether an applicant is a CCP member or relative of a CCP member. No additional evidence needs to be submitted with the application, she said.
Still, a visa applicant whose membership in the Communist Party has terminated because they have resigned from the Party or have been expelled from the Party, may want to submit related evidence in order to try to escape the limitation on visa validity.
It’s not entirely clear how U.S. consular officers determine whether the limit on visa validity applies to persons who are not high-level Party officials. A work history showing that the applicant has held certain high-level jobs in government, a state-owned enterprise, or other government-controlled entity may imply that the applicant is a member. But the CCP does not publish membership lists. Consular officers may ask about membership during interviews.
Attempts to conceal Party membership while applying for a visa could be exposing themselves to charges of visa fraud if later discovered.
Another area to watch is this: Imagine a CCP member is not asked about membership during their visa interview and is issued a 10-year visa. Later, iif U.S. Customs and Border Protection at the port of entry learns they have been a CCP member and are trying to use the visa to enter the U.S. more than one time or more than one month after the visa was issued, will the officer cancel the visa and refuse to admit the individual based on the theory that the visa was issued with incorrect validity?
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