I am a Hong Kong national. I have submitted my EB-5 petition in November 2019. The President has signed an “Executive Order on Hong Kong Normalization” on July 14, 2020. I would like to know if this Executive Order will retroactively affect my petition? In the past, individuals born in Hong Kong have no waiting line for the I-526 process and have their own green card quota. What is the impact of this EO on previously filed I-526 petitions prior to this EO?
Answers
Fredrick W Voigtmann
Find an EB-5 Visa Lawyer: Immigration AttorneyThe Department of State has stated unofficially that the executive order should not affect Hong Kong nationals being placed under the Rest of World ("ROW") category for purposes of the Visa Bulletin. Until the DOS makes a formal announcement, however, the actual effect of the executive order will remain unknown.
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyThe Department of State has not yet weighed in on this to know for sure.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyIt appears that Hong Kong will continue to have a separate quota because the Immigration Act of 1990 separately recognized the quota, and a Presidential declaration cannot take it away. It appears you safe for now.
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