Has DOS or USCIS issued the implementation guidelines for the executive order on Hong Kong signed by President Trump back in July? I would like to know whether and how those EB-5 applications submitted before the executive order would be impacted.
Answers
Blake Harrison
Immigration AttorneysNo, the Department of State has not released any official guidance yet. A representative from the Department of State Visa Office did make an unofficial statement indicating that DOS is still reviewing the implications of the executive order, but that visa chargeability of Hong Kong-born individuals is derived from the 1990 Immigration Act and that this should continue despite the implementation of the Executive Order on Hong Kong Normalization. However, the issue is still very much up in the air until an official statement is released from the Department of State.
Bernard P Wolfsdorf
Immigration AttorneysThe Department of State has informally indicated that the Hong Kong quota is set by the Immigration Act of 1990, and therefore can not be changed by an Executive Order. However, we will see soon when the State Department issues guidance.
Fredrick W Voigtmann
Immigration AttorneysThere have been no guidelines issued. The only statement from the Department of State was unofficial and made at the immigration lawyers conference this summer; the DOS stated the Hong Kong immigrant visa number availability is authorized in the immigration and nationality law and that until that law is changed, the Hong Kong visa numbers will be counted as Hong Kong, not mainland China. Until we have some official announcement, however, nothing is for certain and the National Visa Center and Hong Kong consular office are open to interpret the executive order as they wish, since there is no direct guidance on the issue.
Lynne Feldman
Immigration AttorneysI believe they have but I have not digested it yet. You can search on DOS and USCIS websites.
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