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From: yawei <yawei@silver.ucs.indiana.edu>
To: cnd-ep@bronze.ucs.indiana.edu
Subject: CND-EP Posting, October 29, 1990
Cc: xiong@bsu-cs.bsu.edu
Status: R

+-+-+-+-+-+-+-+-+-+-+  C h i n a   N e w s   D i g e s t  +-+-+-+-+-+-+-+-+-+-+

=====================  Europe / Pacific Section (CND-EP)  =====================
				October 29, 1990
 
---------------------------- Table of Contents ---------------------------
No. Subject							# of Lines

CND Q&A Column on Visa/Job/Legal Matters...............................110

1. "Duty-free Goods Card" No Longer Valid

2. More Question about "Duty-free Goods"

3. Applying for US H-1 Working Visa from Overseas

4. Immigrating to US through Investment ?
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**** To contact CND-EP, see the table at the end of this news package ****

		  CND Q&A Column on Visa/Job/Legal Matters
-----------------------------------------------------------------------------
This is a selection of CND-US
>From: CND Q&A Editor Bo Xiong <cnd-ep@bronze.ucs.indiana.edu>

NOTE: All discussions on this column are for readers' information only, one
      should consult his/her lawyer or proper professionals before handling
      his/her own visa/job/legal matters.

1. "Duty-free Goods Card" No Longer Valid
-----------------------------------------
Q: From: liud@ECE.ORST.EDU

   I have heard that the Chinese custom no longer honor so-called "Duty-free
   Goods Card" (big & small items) starting from September 1990.
   Is the saying correct?

A: It's ture, according to People's Daily report, one can no longer ask others
   to carry the items back into China by showing the Card to PRC Custom House,
   nor entrust others to purchase those items inside China (by using the Card).
   However, those who hold the Card may still use it if they go back in person.
   If it has expired when one goes back, he/she may still use it for ONCE after
   going through proper procedure.

2. More Question about "Duty-free Goods"
----------------------------------------
Q: From: <liud@ECE.ORST.EDU>	Wed, 17 Oct 90

   If a person went back by himself, would he be entitled to any duty-free
   goods?  Actually my parents will be visiting us; will they have any
   "duty-free" rights when they go back?

A: According to 1989's People's Daily (if my memory serves me right), PRC
   citizens who go abroad for personal affairs are entitled to carry in one
   "big item" and three "small items" for duty-free if they stay overseas
   for more than three months (no matter how long, that's all).

   Your parents may purchase entitled "duty-free goods" at China Travel Agency
   and its branches in major mainland China cities by showing their passport
   and exit/entry records.  They may also buy it at some overseas agencies (the
   info is available on the ads column of many overseas Chinese newspaper).

   For those self-sponsored overseas Chinese students, they are now entitled
   "duty-free rights" only when they finally return to PRC and work there
   permanently.  The procedure for them to be given the "rights" is governed
   by PRC State Education Commission.  For those state-dispatched students,
   they may still purchase duty-free goods per the new regulation when they
   shortly visit home, but only one big item for each year overseas and need
   a letter of certification from PRC consulate.

3. Applying for US H-1 Working Visa from Overseas
-------------------------------------------------
Q: From: ***@muskat.usc.edu   Date: Wed, 17 Oct 90 10:39:42 PDT

   I have a friend in UK who will get his Ph. D. soon and has got a temporary
   job in an university in USA which promised him a H-1 visa.  My friend
   would like to know how to apply for an H-1 visa, what documents are needed,
   how long one has to wait, what's the possibility to get it?

A: According to US immgration laws, temporary working visa for alien workers
   must be applied for by alien workers' employer.  If the alien is overseas,
   the application for H-1 visa should be filed by his/her prospective US
   employer with domestic US INS regional office (not district office), if
   it's approved, the employer will send all necessary documents to the alien
   worker for him/her to apply for H-1 visa stamp at near-by US consulate.
   Certainly, the final decision on the H-1 issuance will be made by the US
   consul who interviews the applicnat.

   In the midwest area, it currently takes about three weeks for INS Northern
   Regional Office (Linconl, Nebraska) to process an application.  As for
   the chances to get H-1, it highly depends on how the employer prepares the
   application materials, if the applicant is in the US, he may do it himself
   or ask a lawyer to do it and the employer just needs to sign those forms.
   If the applicant is overseas, it will be kind of out of applicant's control.
   Due to the limit to the volume of each CND-US package, we will not discuss
   further here, please consult immigration books (see the end of this column)
   or a lawyer.

4. Immigrating to US through Investment ?
-----------------------------------------
Q: From: ***@math.utexas.edu

   I would like to have more information on immigration through investment in
   the US.  I heard there exists a E-2 visa, which basically functions as
   green card, i.e. permanet residence and unlimited entries. It's even better
   for business people since this visa doesn't require physical presence in US
   every other year, as PR does.

   My question:  How can one qualify for E-2?  What kind of investment it
   should be? and what is total amount of investment involved?

A: First of all, there is NO "investor's immigration code" in the US, there
   was one but it's repealed by US Congress in 1978. Currently, all immigrants
   have to go through the six-preference system except Congress made separate
   laws for some cases (e.g., political asylum and international refugees). US
   Congress is now considering to make such a law as Canada and Australia did.

   Secondly, E-2 visa is NON-immigrant visa, probably not better than a green
   card.  The requirements for applying for E-2 (Treaty Investor's Visa):

   1) The applicant's home country has signed special trade treaty with the
      US (Taiwan signed such treaty, mainland China and Hongkong not yet).
   2) Substantial investment in the US, there is no specification for the
      amount of money to be invested.  According to common practice, less than
      one hundred thousand US dollars is not acceptable, and the money
      invested must be 50% or more of total capital of the business.
   3) The business to be invested must have daily operational activities, such
      as motel, car repair, restaurant and etc..  Investors will not be
      eligible if they only buy stocks or lands in the US.
   4) The business must be profitable, "marginal enterprise" is not acceptable.
   5) The investor must be the executive chief or manager of the business.
   6) The business must be able to hire US citizens or PR's.
   7) The investor must keep his major business/properties overseas, this is
      the proof of "no intention to immigrat to US" for E-2 visa application.

   E visa is valid for five years with multi-entry permit, if the E-2 holder
   chooses to reside in the US, he/she must apply for extension every year.
   If the business goes bankrupt, the E-2er will fall out of lawful status.

   For more info, please refer to the book "Practical Guide to United States
   Immigration Laws" by David M. Huang, Ph. D., the book is available in many
   Chinese bookstores in the US.

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