Did DOS Lose Face in J-1 Visa Flip-Flop with China?

Here's the conservative Heritage Foundation's take on a recent J-1 visa controversy involving 'Confucius Institutes' Chinese language teachers in the U.S. The May 25, 2012 Guidance Directive is here . All J-1 visa Guidance Directives are posted here .

CA2 on Opposition to Corruption in China as Political Opinion: Yu v. Holder

"Ruqiang Yu petitions for review of a decision of the Board of Immigration Appeals that affirmed the Immigration Judge’s decision denying Yu’s application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We conclude that the BIA...

A Cut-Off Date for Chinese EB-5s?

"Charles Oppenheim, the Chief of Visa Control at the U.S. Department of State, recently announced that if EB-5 visa usage for Chinese nationals continues to grow, the issuance of EB-5 immigrant visas for Chinese investors may slow down sometime in the second half of fiscal year 2013. As demand continues...

CA11 on Persecution, Religion, China: Shi v. U.S. Atty. Gen.

"[T]he only question presented on appeal is whether the record compels the conclusion that Shi suffered past persecution when his church service was broken up, his family’s bibles were confiscated, and he was detained for seven days, slapped, thrown to the floor, and handcuffed to an iron...

Update on Wait Lines for Chinese EB-5 Investors

"The update in the March 2013 Visa Bulletin brings good news. It states: “Currently there is no reason to believe that it will be necessary to establish a China Employment Fifth preference category cut-off date during FY-2013, since demand over first six months of FY-2013 has now averaged...

SEC Says Immigration Program Offering Path to U.S. Citizenship Used to Defraud 250 Investors

A path to U.S. citizenship premised on an immigration program crafted to help create jobs, and surrounded with misrepresentations and false documents was the lure used by Anshoo Seithi and his controlled entities to defraud 250 investors of millions of dollars, according to an SEC complaint. The Commission...

Mission China to Streamline NIV Application Process

" As part of the U.S. Mission in China’s efforts to streamline the visa application process, the Embassy and all Consulates that issue visas are implementing a new visa appointment, fee payment and document delivery system starting on March 16, 2013. This system, already in use in several...

Unpub. BIA Asylum Victory; China; Breach of Confidentiality

"The respondent's motion alleges that a United States official advised her that in obtaining the respondent's travel documents, for the purpose of removal, he communicated by email with the Chinese Consulate in such a way as to breach the confidentiality requirements at 8 C.F .R. §...

News Excerpts From the March 15 Bender's Immigration Bulletin

EOIR Releases Statistics for FY2012 The Executive Office for Immigration Review has released its statistical yearbook for fiscal 2012. As expected, the backlog of cases before EOIR continued to grow, with 326,255 pending proceedings before immigration courts and 24,824 pending cases at the BIA at...

T Visa Grant Ends 10-Year Ordeal

"Her decade-long battle was finally over. She could stay. Cayla Roberts, a 25-year-old graduate student at Western Michigan University, would not be deported back to China, a country she was smuggled away from at age 14 by human traffickers known as snakeheads. She had been sold into the sex trade...

Unpub. BIA Asylum Victory, China, One Child Policy (U.S.-Born Children)

Ted Cox writes: "First BIA decision to affirmatively grant asylum on merits for Chinese one child policy case based on children born in the US!" - Matter of X-, July 15, 2013 .

AAO I-601 Victory: China

Alan Lee writes: " Attached is another recent I-601 win at the AAO . In this case, the qualifying relatives were the applicant's U. S. citizen wife and permanent resident parents. The portion of the field office denial relating to the case was a peremptory paragraph of 13 lines focusing mainly...

CA4 on China, One-Child Policy: Chen v. Holder

"For the foregoing reasons, we grant the petition for review as it relates to the BIA’s denial of asylum and withholding of removal based on the petitioners’ fear of being subjected to involuntary sterilization under China’s one-child policy, and we remand that particular claim...

USCIS Message: Updates to Processing of Form I-730, Refugee/Asylee Relative Petition

E-Mail to Stakeholders: " Dear Stakeholder, To enhance customer service and bolster program integrity, U.S. Citizenship and Immigration Services (USCIS) is improving the way it processes Form I-730< http://www.uscis.gov/i-730 >, Refugee/Asylee Relative Petition. In a phased approach, USCIS...

News Excerpts From the April 15, 2014, Bender’s Immigration Bulletin

USCIS Clarifies “Reason to Believe” Standard for I-601A Provisional Waivers | On March 18, 2014, USCIS sent an e-mail to stakeholders seeking to cure confusion surrounding the regulation that prohibits the granting of provisional waivers to noncitizens who the agency has “reason...

News Excerpts From the May 1, 2014, Bender’s Immigration Bulletin

USCIS Transfers Jurisdiction over Refugee and Asylee Relative Petitions U.S. Citizenship and Immigration Services (USCIS) has begun the transfer of responsibility for processing Form I-730 (Refugee/Asylee Relative Petition) from agency service centers to international field offices. The first phase...

Podcast: Steve Yale-Loehr on EB-5 China Retrogression

Steve Yale-Loehr , co-author of LexisNexis' 21-Volume 'Bible' of immigration law that has been cited in over 450 federal court decisions in cases from across the U.S. circuit courts of appeals, federal district courts, and the U.S. Supreme Court, is a busy man. I caught up with him at the...

BALCA on Additional Recruitment, Advertising: Matter of Symantec, En Banc

"This appeal ... presents the issue of whether a Certifying Officer may deny an Application for Permanent Employment Certification (ETA Form 9089) for a position involving a professional occupation if one of the “additional” recruitment steps does not comply with the advertising content...

DOS Alert: China EB-5 “Unavailable” for Remainder of FY2014

Cite as "AILA InfoNet Doc. No. 14082360 (posted Aug. 23, 2014)" "Effective immediately Saturday, August 23, 2014 the China Employment Fifth (EB-5) preference category has become "Unavailable" for the remainder of the FY-2014. This action is necessary because the maximum level...

Demand from China Soaks Up EB-5 Visa Quota

"Due to a surge in Chinese participation, the U.S. for the first time is on course this fiscal year to run out of immigrant-investor visas that offer a fast track to permanent residency. Started 24 years ago, the EB-5 program allots 10,000 visas annually to foreigners who invest at least $500,000...

EB-5 Investor Visa Program Maxed Out by Chinese Demand

"Steven Yale-Loehr, an immigration professor at Cornell University, said he expects the EB-5 investment boom to now slow down considerably. "It's been like a four-lane expressway and now it's going back down to two," he said. Because the visa program serves as a funding mechanism...

Expert: Despite Backlogs, EB-5 Investor Visa Program a 'Four-Way Win'

"For the first time in its 24-year history, an immigration program that grants visas to foreigners who invest at least half a million dollars in a U.S. business has nearly run out of visas for the fiscal year—largely because of unprecedented demand from Chinese applicants. ... The increased...

Expert: EB-5 Investor Visa Cap Won't Deter Chinese

"This summer, the State Department announced that it was on track to meet its limit of 10,000 EB-5 visas and promptly stopped issuing the visas to Chinese investors until Oct. 1. But the pause is unlikely to dissuade Chinese visa seekers, experts said. “The increased popularity of the EB-5...

USA, PRC Extend Visa Validity Periods for Students, Tourists, Business Visitors

"Today, President Obama announced that the United States and the People’s Republic of China are concluding a reciprocal visa validity arrangement during his visit that will strengthen our ever-broadening economic and people-to-people ties. Both countries have agreed to increase the validity...

Revised NIV Reciprocity Schedule for China - Nov. 2014

"Effective immediately, the reciprocity schedule for Chinese nationals is revised for the B-1, B-2, B-1/B-2, F-1, F-2, J-1, J-2, M-1, and M-2 nonimmigrant visa (NIV) categories. All other visa validities for nationals of China will remain unchanged. Please note the changes (old figures in parenthesis...