July 28, 2020

Hong Kong Born Nationals Facing Long Wait Times for Immigrant Visas

On July 14, 2020 President Trump signed the Hong Kong Autonomy Act of 2020 and at the same time signed The President’s Executive Order on Hong Kong Normalization. The intent of this Executive Order (“EO”) is to suspend or eliminate different and preferential treatment for Hong Kong, including the treatment of Hong Kong nationals as separate from China nationals under the U.S. immigration laws.

The EO cites a number of laws regarding U.S. and Hong Kong relations, including Section 202 of the United States-Hong Kong Policy Act of 1992, Section 103 of the Immigration Act of 1990; and Sections 203(c), 212(l), and 221(c) of the Immigration and Nationality Act of 1952. The EO gives the appropriate agencies 15 days to commence enforcement of the actions ordered by the President.

The impact on Hong Kong passport holders will be profound.

Under Section 2 of the EO, Trump expressly eliminates the preference for Hong Kong passport holders as compared to PRC passport holders. The effect of this will be to treat Hong Kong nationals the same a Chinese nationals in visa allocation, visa validity and visa application fees.

Most sever of these – visa allocation – will be a change to how the U.S. allocates visas to Hong Kong nationals for immigrant visa categories that are oversubscribed (basically all categories for Chinese nationals). Hong Kong nationals will now be folded into the same “China mainland-born” visa waiting list and might wait years, or in some cases decades, for visas to be available.

It might still be too early to panic just yet. Cooler heads might prevail and adjust or even reverse the impact of the EO on Hong Kong passport holders. The President might realize that these orders only hurt the people of Hong Kong. Regulations might “grandfather” anyone who is already in the immigration process so that they may continue without harm.

There is also an interesting question as to how the U.S. will apply the EO to those with British National Overseas passport holders versus Hong Kong, Special Administrative Regional passport holders. The U.S. immigration laws regarding immigrant visa allocation is based on “country of birth” and not on an applicant’s passport, so it will be interesting to see how this is handled.

With many clients from Hong Kong, Enterline and Partners will be following this development closely.

For more information, contact us at info@enterlinepartners.com and speak with one of our U.S. immigration lawyers in Ho Chi Minh City, Manila and Taipei.

ENTERLINE & PARTNERS CONSULTING

Ho Chi Minh City, Vietnam Office
Suite 601, 6th Floor
Saigon Tower
29 Le Duan Street
Ben Nghe Ward, District 1
Ho Chi Minh City, Vietnam
Tel: +84 933 301 488
Email: info@enterlinepartners.com
Facebook: Enterline & Partners – Dịch vụ Thị thực và Định cư Hoa Kỳ
Website: http://enterlinepartners.com

Manila, Philippines Office
Unit 2507 Cityland 10 Tower 1
156 H.V. Dela Costa Street
Makati City, Philippines 1209
Tel: +632 5310 1491
Email: info@enterlinepartners.com
Facebook: Enterline and Partners Philippines
Website: https://enterlinepartners.com/language/en/welcome/

Copyright 2020. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.

Categories: China, EO, Executive Order, Immigrant Visa, Immigration, Immigration and Nationality Act, Non-immigrant Visa, Trump, U.S. Visa, Visa

Regional Center Job Creation under the RIA

David Enterline receives I-829 Petition award for 2025 from IIUSA

What is a K-3 Visa and How is it Different from a CR-1/ IR-1 Visa?

Priority Processing for Investments Made In Rural Areas

our services

contact us today for more information

Latest News

Can I travel outside the U.S. and return after my I-829 is denied?

Traveling outside the United States after a Form I-829 Petition by Investor to Remove Conditions on Permanent Resident Status (“I-829 Petition”) denial is highly risky and strongly discouraged. While you, the investor and your family members, legally retain your Conditional Lawful Permanent Resident (“CPR”) status until a final administrative order of removal is issued by an immigration judge, U.S. Customs and Border Protection (“CBP”) enforces strict border policies, although improper, that can challenge your ability to return. Filing the I-829 Petition is the final step for investors in the U.S. EB-5 immigrant investor visa program. An approval of the I-829 Petition removes the two-year conditional restrictions on an investor’s residency, granting lawful permanent resident status, and allowing the investor, their spouse, and unmarried children under 21 to receive a 10-year “Green Card”. The denial of the I-829 Petition does not immediately result in loss of an investor’s CPR status. The

Regional Center Job Creation under the RIA

When evaluating whether an EB-5 investment meets the requirement that an investor create at least 10 jobs for qualified U.S. workers, there is now more guidance under the RIA than before. In general, an investment in a business sponsored by a Regional Center does not require all qualifying jobs come from employees hired directly by the business. Indirect and induced job creation based on approved methodologies remains the core of the Regional Center program advantage. As before the RIA, investors may rely on economically and statistically valid methodologies to determine the number of jobs attributable to the investment. These methodologies may be used to support estimates of directly created jobs and, where permitted under the statute, jobs created directly or indirectly through capital expenditures, increased export revenues, enhanced regional productivity, and broader domestic capital investment generated by the project. However, indirect job creation is now lightly restricted with only a

David Enterline receives I-829 Petition award for 2025 from IIUSA

David Enterline, Managing Partner of Enterline and Partners Consulting was recognized by IIUSA, the preeminent EB-5 trade association in the United States, for successfully assisting EB-5 immigrant investor clients in obtaining approvals of Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status during the year 2025. David was recognized together with a select group of experienced EB-5 attorneys and Regional Centers that have demonstrated a strong record of successful outcomes for EB-5 investors. The recognition was presented during the 2026 IIUSA EB-5 Industry Forum held in Washington, District of Columbia. IIUSA (Invest in the USA) is the national membership-based trade association representing stakeholders in the EB-5 Regional Center Program. Its members are responsible for a significant portion of the investment capital and job creation generated across the United States through the EB-5 Program. IIUSA recognizes EB-5 attorneys and Regional Centers whose investors have successfully received I-829 Petition

Hong Kong Born Nationals Facing Long Wait Times for Immigrant Visas

Copyright 2020. This article is for information purposes only and does not constitute legal advice. This article may be changed with or without notice. The opinions expressed in this article are those of Enterline and Partners only.

CATEGORY

contact us today for more information

Latest News

Need help with your U.S. visa?Talk to our experts today.

Need help with your U.S. visa?
Talk to our experts today.