Was Your EB-5 Case Just Sunk by the House Intelligence Committee Report on Huawei and ZTE?

Was Your EB-5 Case Just Sunk by the House Intelligence Committee Report on Huawei and ZTE?

"The U.S. House of Representatives’ Intelligence Committee just published a report branding China’s telecom giants Huawei and ZTE as security threats.  Here’s why this may signal trouble for your EB-5 case:

1. The Committee’s criticism focused, in part, on the companies’ failure to disclose role of the Chinese Communist Party (CCP) cells within their businesses.

2. The Committee heard allegations of visa-related misrepresentations by Huawei employees.  Those were referred to the Department of Homeland Security for possible investigation.

How long will it be before Congress conflates those two issues and pushes federal immigration agencies to ramp up scrutiny into whether investors seeking EB-5 visas are failing to come clean about their CCP membership?  Some 70% of EB-5 investors are from China, and it’s not uncommon that they are among the CCP’s 83 million members.  But the Immigration and Nationality Act makes ineligible for permanent residence any person who “is or has been a member of or affiliated with” the CCP, with the exceptions discussed below.  EB-5 immigration counsel need to provide diligent representation on this issue.  This article reviews what the Intelligence Committee report says about CCP cells at China’s telecoms; discusses the ground of inadmissibility for CCP membership, its exceptions, and waiver; and finally, draws some lessons for providing EB-5 representation." - Gary Chodorow, Oct. 9, 2012.

- Gary Chodorow