Subject: CND-US, July 19, 1993

From: [email-masked]
Date: Mon, 19 Jul 1993 02:31:08 -0500

+-+-+-+-+-+-+-+-+-+   C h i n a   N e w s   D i g e s t  +-+-+-+-+-+-+-+-+-+

                               (US Regional)

                           Monday, July 19, 1993

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| CND-US, normally 1 or 2 issues a week, is a supplement to CND-Global and |
| has  basically no overlap with the daily news.  CND-US provides in-depth |
| information concerning Chinese students/scholars in the United States.   |
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Table of Contents                                                 # of Lines
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1. News Brief (2 items) ................................................. 19
2. Amnesty International Lists Liu Gang as Prisoner of Conscience ....... 16
3. Tiananmen Immigrants:
   Special Law for Chinese Stirs Debate Over Fairness .................. 127
4. USA Today/CNN Gallup Polls on Immigration ............................ 84
5. INS Issues Cable Implementing D/S for J Exchange Visitors
   (NAFSA Update No. 218) .............................................. 231
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1. News Brief (2 items) ................................................. 19
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[07/17/93] Dr Xuedong Huang, a Hunan Univ graduate, was selected to receive
1993 IEEE Singal Processing Society Best Paper Award for his pioneering
research on hidden Markov modeling. His award-winning paper "Phoneme Classi-
fication Using Semi-Continuous Hidden Markov Models" was published in May
1992 IEEE Trans. on Singal Processing. Semicontinuous models are now widely
used in many advanced speech recognition systems throughtout the world. He is
best known not only for his work on stochastic modeling but also his work on
SPHINX-II speech system at Carnegie Mellon University, which achieved # 1
accuracy in several international evaluations. (From: Jie Yang
<[email-masked]>
                             ___  ___  ___

[07/17/93] WILLIAMSBURG, Virgina -- The closing ceremonies of the 24th
International Physics Olympiad were served today in the College of William
and Mary in Virgina, USA. There were 41 countries participating the compe-
tition, each team with 5 candidates. The Chinese team got two gold medals,
two silver medals and one bronze medal. Junan Zhang and Linbo Li stood in the
first and third places on the total score list respectively . The 25th
International Physics Olympiad will be held in Beijing during 11-19 July
1994. (Forwarded by: Chengzhang Wang <[email-masked]>)

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2. Amnesty International Lists Liu Gang as Prisoner of Conscience ....... 16
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>From: Ignatius Ding <[email-masked]>
Date: July 16, 1993

Amnesty International (AI) has informed Silicon Valley for Democracy in China
(SVDC) of Cupertino, California, that AI has officially adopted leading
student Liu Gang in their list of prisoners of conscience. AI sends the "hot
list" to its worldwide membership and encourage them to write to the pri-
soners and their suppressors. In Liu's case, they ask Chinese government for
immediate release of Liu on medical and humanitarian ground. Liu has served
four years of a six-year sentence in a remote forced labor camp where he has
reportedly been subject to constant torture, beatings, and other forms of
abuses causing permanent mental and physical injuries.

AI's commitment to save Liu coincides with the calls from overseas Chinese
student groups and SVDC to release Liu and all prisoners of conscience as the
Chinese constitution stipulates.

Please direct your questions to Barry Chang, Chairman of SVDC Public Aware-
ness and Education, at (408) 996-9000 or Ignatius Ding, Chairman of SVDC
Communications, at (408) 447-5486.

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3. Tiananmen Immigrants:
   Special Law for Chinese Stirs Debate Over Fairness .................. 127
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Forwarded by: Ken Wedding <[email-masked]>
Source: Minneapolis Star Tribune, July 10, 1993
By: Wendy S. Tai

People in immigration circles call them the "children of God."

They are the tens of thousands of Chinese who were in the United States after
the 1989 Tiananmen Square massacre in Beijing and found themselves stranded
as the Chinese government posted a most-wanted list of dissidents and began a
crackdown.

In the aftermath, they became a rallying point for many U.S. politicians and
advocates of human rights, who fought to keep them from going home and facing
possible persecution.

As of July 1, Chinese in the United States--including hundreds in the Twin
Cities--have one year to apply for permanent residency. Most of the local
Chinese are graduate students, visiting scholars and their families.

"They're the kind of professionals America needs," said Hu Jinfu, president
of the student and scholar group at the University of Minnesota, which has
among the largest number of Chinese of any campus around the country. It had
about 800 this school year.

But the law is taking effect when anti-immigrant feelings run high and many
others are losing the fight for a chance to come to this country. Last month,
for instance, the U.S. Supreme Court upheld the practice of the Bush and
Clinton administrations in intercepting Haitians at sea and turning them back
without an asylum hearing.

"Our kindness and generosity is selective, and it always has been,S said Bill
Frelick of the U.S. Committee for Refugees, an advocacy agency in Washington,
D. C.

Nationally, an estimated 80,000 Chinese students and scholars and their
families can benefit from the special law Congress passed last year. In the
Twin Cities, about 600 Chinese are applying to become permanent residents, Hu
said.

"I never thought of not returning to China," said one Chinese student who
gave only his last name, Wang. He came in 1986 and received his doctorate in
plant science this year from the university.

"We always felt that, with our education, paid for by the government, we
should go back and contribute. We never thought of not going back, until June
1989."

On June 3 and 4, 1989, Chinese troops opened fire on demonstrators in and
around Tiananmen Square, killing perhaps hundreds. Bush issued an executive
order in April 1990 that allowed Chinese students in the United States to
remain even if their visas expired.

Last fall, Congress passed the special law for Chinese nationals who were in
the United States legally. To qualify for permanent residency, they have to
have been in the country between June 5, 1989 and April 11, 1990.

After the massacre, Wang joined others in protest, going to Chicago twice to
demonstrate. His wife, who came in 1988, also went. "At that time, we didn't
think much. We just thought we should go, that it was the right thing to do,S
said Wang. He gave only his last name because he said he feared negative
comments from Americans who might see Chinese as competitors for jobs.

He said many Chinese then harbored an idealistic notion, hoping that their
protests could sway Chinese government actions.

Months later, he said, he and others realized that the government was
sustained only through force and intimidation. "We started thinking about
what would happen if we returned,S Wang said.

"If you go back, they [officials] could target you for attack forever. But if
you have something to protect you, like a green card, then you know they
can't punish you."

"Green card is the term commonly used to refer to the U.S. permanent resi-
dency card, even though it is no longer green.

As of last wee, immigration officials said they had received 35,000 appli-
cations from Chinese.

Immigration and refugee officials say the Chinese will enrich the labor pool
and communities around the country. Companies, such as Northwest Airlines,
say that Chinese, with their high levels of education and language skills,
could be attractive job candidates.

You know China will be one of the biggest markets in the world, said Chae
Shin, Northwest's director of maintenance processes.

But the special law enacted for the Chinese also is a classic example of
special interest at work, immigration experts say.

"Don't look for fairness or equality there," said Demetrios Papademetriou,
who studies immigration issues at the Carnegie Endowment for International
Peace in Washington.

"Immigration, by and large, works on your ability to mobilize the right kind
of coalition that will support you. This was one piece of legislation that
had wide support from many groups."

It touched on some basic U.S. values, such as democracy and human rights,
when public sentiments about the massacre were high, he and others said. The
students were well-organized, as well.

"Why not Bosnians? Why not Liberians? Why not Ethiopians 10 years ago?" asked
Patrick Leung, a Twin Cities immigration attorney. "The Chinese students were
a powerful lobbying group after Tiananmen Square...They banded together and
took advantage of public sentiments."

On the other hand, Ira Mehlman, spokesman for the Federation of American
Immigration Reform in Washington, said his organization opposes "broad-brush
amnesty" that does not distinguish between those who truly could suffer
persecution if they returned from those who are not politically active. By
passing a law that blankets everyone, he said, "You really undermine the
refugee and asylum process in this country."

He added that the law could push Chinese who arrived after the deadline to
find back-dated rent receipts and other false evidence to submit to
immigration officials.

At a time when the Supreme Court decides to continue turning back Haitian
boat people, when ships smuggling Chinese are caught and when immigration
issues dominate the news media, the special status granted to the Chinese
seems particularly blatant, several people said.

Jocelyn McCalla, director of the National Coalition for Haitian Refugees in
New York City, said the Haitian issue lacked both foreign and domestic
interest for the United States.

"Obviously, we have basically an ad hoc refugee policy. It's being made up as
we go along, McCalla said.

"We bend the rules favorably for the Chinese; we bend the rules unfavorably
for Haitians."

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4. USA Today/CNN Gallup Polls on Immigration ............................ 84
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Forwarded by: Yong Duan <[email-masked]>

USA TODAY/CNN/Gallup Poll, July 9-11; Margin of error +/- 3%

Percentage of people says immigrants effect on American Culture

Improve:  35%
Threaten: 55%

Percentage of people says immigration should

stay at present level, 27%
be increased, 6%
be decreased, 65%

Percentage of people says there are too many immigrants from,

               1984   1992   Now
Europe:         26%    36%    33%
Latin America:  53%    69%    62%
Africa:         31%    47%    44%
Asia:           49%    58%    62%
Mideast:        N/A    N/A    64%

USA TODAY/CNN/Gallup national telephone poll of 1,002 adults conducted
July 9-11. Margin of error +/- 3%

Immigration should
Stop:  27%
Slow:  49%

Government
Can do more to stop illegal immigration  69%
Doing all it can                         28%

Favor of restricting
Immigrants:     42%
1st generation: 54%
2nd generation: 61%

Patrolling borders
Stricter patrol of border: 90%
National ID:               57%
Bar illegal immigrants from schools, hospitals: 40%
Erect wall on Mexican Border: 27%

Important criteria in admitting immigrants:
Job Skill:              78%
Religious persecution:  65%
Political persecution:  64%
American Relatives:     56%
Money to invest:        50%
Economic Hardship:      47%

Percentage saying these nationalities generally benefit the country or
create problems:
                Benefit country         Create Problem
                1985    1993            1985    1993
Irish:          78%     75%             5%      11%
Poles:          72%     65%             7%      15%
Chinese:        69%     59%             13%     31%
Koreans:        52%     53%             23%     33%
Vietnamese:     47%     41%             30%     46%
Mexicans:       44%     29%             37%     59%
Haitians:       31%     19%             35%     65%
Iranians:       32%     20%             40%     68%
Cubans:         29%     24%             55%     64%

Asian, Hispanic stereotypes
                                Asian Immigrants        Latin American
Work very hard:                         74%                     65%
Often end up on welfare:                38%                     60%
Do very well in school:                 74%                     42%
Significantly increase crime:           43%                     62%
Have strong family values:              77%                     72%
Are too competitive:                    40%                     26%

New immigrants likely hood to make good citizens:
More likely:            9%
Less likely:            42%
Same:                   46%

Immigrants productive citizens, pay fair share of taxes:        37%
Immigrants cost taxpayers by using government services: 56%
Help economy by providing low-cost labor:                       28%
Hurt economy by holding down wages:                             64%

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5. INS Issues Cable Implementing D/S for J Exchange Visitors
   (NAFSA Update No. 218) .............................................. 231
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>From: Amy Yenkin, Doug Mollenauer, NAFSA Central Office
Forwarded by: Bo Xiong
Date: July 16, 1993

At long last, the Immigration and Naturalization Service has issued a cable
to its field offices implementing duration of status (D/S) for J exchange
visitors. The U.S. Information Agency put D/S in place in its regulations
published on March 19. However, D/S could not take effect until this cable
was issued. The text of the July 9 cable follows.

Amended Policy Guidelines:
Processing of J-l Admissions,
Extension of Stay, Change of Status,
212(e) Determination

All Regions (SAFOS)                            Office Of
All District Directors                         Operations
All Service Center Directors
All Officers in Charge

The United States Information Agency (USIA) published new regulations at 22
CFR 514 on March 19, 1993 (Federal Register). This ruling makes significant
changes to the administration of the international educational and cultural
exchange visitor category (J). This includes the Service role in monitoring
the authorized stay of program participants. USIA and the Service have agreed
on the need to streamline control of the J program and to eliminate un-
necessary, burdensome paperwork between our two agencies. Further, an agree-
ment is being finalized regarding control of employment of J participants.
The requirement for program sponsors and program participants to notify both
INS and USIA of program changes is expected to be replaced with a single noti-
fication requirement to USIA and the development of an information exchange
between our two agencies.

Pertinent regulations at 8 CFR 214.2(j) and Operations Instructions at
214.2(j) will be revised to comport with the following policy and procedural
changes. The instructions set forth below, except for those pertaining to
employment authorization, are effective upon receipt of this memorandum:

Admission/Period of Authorized Stay. Aliens admissible to the United States
as exchange visitors [INA 101(a)(15)(J)] shall be issued Form I-94 indicating
admission for duration of status subject to the terms of participation for
each exchange visitor category at 22 CFR 514. The symbol "D/S" shall be
marked on the admission block of Form I-94.

Admission Procedures. As is currently the case, if a determination has not
already been made by the consular official issuing the visa, the immigration
officer granting admission shall be responsible for determining applicability
of the INA 212(e) requirements and so endorsing Form IAP-66. Otherwise, where
the J participant is required to present a valid, nonimmigrant visa for
entry, the immigration officer shall verify the consular officer's determi-
nation of section 212(e) applicability as noted on Form IAP-66. Where the J
participant is exempt from the visa requirement, the immigration officer
shall determine section 212(e) applicability and so endorse Form IAP-66.

The immigration officer shall endorse the reverse side of the arrival portion
of Form I-94 with the J participant's program number. ThiS information shall
be maintained in the Nonimmigrant Information System or "NIIS." Please note
that the exchange visitor program number as it appears on the visa stamp may
not necessarily match that on the IAP-66 (e.g., a J-1 alien who previously
entered on one program sponsorship may have since transferred to another
program).

Evidence of J Status. Authorized stay as a J-l participant shall be evidenced
by Form I-94 with "D/S" or an unexpired date and a valid, unexpired certi-
ficate of eligibility, Form IAP-66, properly endorsed and executed by the
Responsible Officer. Authorized stay as a J-2 dependent shall be evidenced by
Form I-94 with D/S or an unexpired date and either a valid unexpired Form
IAP-66 or a copy of the principal's valid, unexpired Form IAP-66. Where the
exchange visitor has been granted immigration status or program benefits
based on a Form (or Forms) IAP-66 issued prior to the current one (e.g. for
initial entry and participation prior to a change of program or category),
the exchange visitor is required to retain copies of all previously issued
Forms IAP-66.

Extension of J Program. USIA will assume responsibility for the control of
all program extensions within the limits authorized for specific categories
of exchange visitors at 22 CFR 514 (USIA supplementary information to the
March 19 Federal Register notice notwithstanding (Vol. 58, No. 52, p.
15193)). Thus the J participant will generally no longer be required to file
Form I-539, Application to Extend/Change Nonimmigrant Status, and Form IAP-66
with the Service to request an extension of stay. The J participant's I-94
endorsed "D/S" will entitle the J participant to remain lawfully in the
United States upon program extension as authorized by the Responsible Officer
for the program. For J participants arriving at the port of entry with
deficient documents, inspectors, at their discretion, shall continue to issue
Form I-515 (Notice to Student or Exchange Visitor Admitted without I-20 or
IAP-66) and I-94 for 30 days. In such cases of re-entry, inspectors may wish
to check NIIS regarding a J alien's current record. In such cases where an
I-515 is issued, J participants do not need to submit extension requests on
Form I-539 (cf. Cable CO 214f-C dated 4 November 1992).

Conversion to D/S. Because there is no automatic conversion to D/S for J
participants who are already in the United States, a request for extension to
D/S may be filed with the Service on Form I-539 with fee atleast fifteen but
not more than sixty days before the expiration of the currently authorized
stay (214.1(c) (2)). It is anticipated that all J exchange visitors will have
D/S within three years (or will have departed the country without requiring
an extension). A Form I-530, Report of Action - Nonimmigrant, must be
completed for every I-539 adjudicated.

(NOTE FROM NAFSA CENTRAL OFFICE: ALTHOUGH SOME COMMUNICATIONS FROM INS HAVE
INDICATED THAT ONLY THE WHITE COPY OF THE IAP-66 BE FILED WITH AN I-539
APPLICATION FOR EXTENSION OF STAY, THIS IS NOT CORRECT. THE WHITE, YELLOW,
AND PINK COPIES OF THE IAP-66 SHOULD BE SUBMITTED WITH THE I-94 AND THE
I-539. REMEMBER: THIS APPLIES ONLY TO THOSE APPLICANTS WHO DO NOT ALREADY
HAVE D/S AND MUST FILE AN I- 539.)

"Pipeline" Cases. All J extension and transfer of program applications
currently pending in Service offices are to be adjudicated, and where
approved, marked with D/S .

Program Transfer. USIA will assume responsibility for the control of program
transfers. The J participant will not be required to file Form I-539 and Form
IAP-66 with the Service to request a program transfer. The J participant' s
I-94 endorsed "D/S" and a properly executed IAP-66 for the new program will
serve as evidence of lawful nonimmigrant status.

Change of Category. USIA will assume responsibility for the control of change
of exchange visitor category. The J participant will not be required to file
Form I-539 and Form IAP-66 with the Service to request a change of category.
The J participant's I - 94 endorsed "D/S " and a properly executed IAP-66
indicating the new exchange visitor category shall serve as evidence of
lawful nonimmigrant status.

Notification Requirements. The revised USIA regulations amend the program
sponsors' notification requirements such that program sponsors shall notify
USIA of an alien's change in participation in the exchange visitor program
[22 CFR 514.13(c)] .

Notification Regarding Participants. Notification shall be required in the
event of:

1. completion or withdrawal from program, or
2. termination for cause

Program sponsors shall no longer be required to provide notification of the
above directly to the Service. USIA shall provide notice to the Service when
it becomes known that an exchange visitor fails to maintain status.

Notification Regarding Program Designation. USIA will assume responsibility
to notify the Service of changes in program designations in the event of:

1. suspension of designation;
2. cancellation of designation; or
3. revocation of designation

HQADN will disseminate all information regarding participants and program
designations received from USIA to field offices.

Control of Employment of J Participants. Responsive to statutory requirements
enacted under the Immigration Reform and Control Act of 1986, the Service
mandate to enforce employer sanctions, and the Service commitment to simplify
the employer verification requirements through the reduction in number of
acceptable employment authorization documents, the following agreement has
been reached with USIA and will become effective upon final regulatory
changes to 8 CFR 214.2(j) and 274(a), and 22 CFR 514:

(NOTE FROM NAFSA CENTRAL OFFICE: THE INFORMATION CONTAINED IN THIS CABLE
CONCERNING EMPLOYMENT AUTHORIZATION WILL BECOME EFFECTIVE ONLY AFTER INS
PUBLISHES A FINAL REVISED SET OF RULES FOR 8 CFR 214.2(j) AND 274(a). INS IS
CURRENTLY WORKING ON THIS REVISION AND A PROPOSED RULE MAY BE PUBLISHED THIS
FALL.)

Employment of J participants incident to status with program sponsor. Parti-
cipants whose employment in the United States is incident to the J classifi-
cation (for example: professors, research scholars, teachers, and camp
counselors) with a specific employer (the program sponsor) shall continue to
evidence employment authorization for purposes of section 274A of the
Immigration and Nationality Act (Act) with Form I-94 and a valid, unexpired
Form IAP-66 indicating the type of employment inherent in the exchange pro-
gram. In the case of research scholars or professors whose programs involve
more than one employer or place of employment (for example: research conduct-
ed in multiple laboratories or professors lecturing at more than one insti-
tution), all known employers shall be stated on Form IAP-66.

Employment of J participants incident to status with other employers. Occa-
sional lectures and/or consultations for entities other than the program
sponsor may be considered incident to status provided that the criteria and
procedures set forth in 22 CFR 514.20(g)(1) and (2) are satisfied and the
occasional lecture and/or consultation is within the guidelines of the
program approved by USIA as set forth on the Form IAP-66 issued to the
visitor, and the exchange visitor qualifies as an "independent contractor"
pursuant to 8 CFR 274a.1(j).

Other authorized employment of J participants. J participants seeking
authorization for employment not already indicated on the IAP-66, such as
practical training or economic necessity, shall be required to apply to the
Service for authorization on Form I-765. These participants shall be issued
Form I-688B (EAD) as evidence of employment authorization without regard to
employer.

Employment of dependents of J participants. Dependent spouses and children of
J participants shall continue to apply to the Service on Form I-765 for
employment authorization.

Applicability of 212(e). Requests for immigration benefits (INA 245, 248,
etc.) filed by aliens who have participated in international exchange
programs shall, unless otherwise exempted, be supported by evidence indica-
ting that the alien is not subject to the two year foreign residence re-
quirement of section 212(e) of the Act. Such evidence shall include: Forms
IAP-66 indicative of all past or present participation in J programs; and,
where applicable, evidence of waiver(s) granted by the Service, or evidence
of satisfactory completion of two years of physical presence in the country
of the alien's nationality or last residence. The immigration officer ad-
judicating the benefit request shall bear responsibility to confirm the
applicability of section 212(e) requirements. Although the burden of proof
lies with the alien to establish that section 212(e) does not apply or has
been waived or satisfied, the adjudicating officer may contact USIA to verify
initial program participation, current J status, changes to other J programs,
current skills lists, etc. USIA and the Service have agreed to develop a
verification procedure whereby an adjudicating officer may request confirma-
tion from USIA records of information submitted by the alien. Confirmation
should be requested only in those cases where the information submitted by
the alien is inconclusive or the veracity of the information is at question.

Confirmation requests should be directed, in writing, to:

United States Information Agency
Attn: Ms. Mary Hitt
Exchange Visitor Program
200 FEMA Building
Washington, D.C. 20547
(Tel: 202-475-6869)

Use of Form I-644. Pursuant to PL 97-116, each J exchange visitor partici-
pating in a program of graduate medical education or training is required to
certify that he or she is subject to the two year foreign residence require-
ment of section 212(e) of the Act. Therefore, such exchange aliens shall
continue to be required to file Form I-644, Supplementary Statement for
Graduate Medical Trainees, on an annual basis. Until further notice, Form
I-644 shall be filed with the Program Sponsor.

James A. Puleo
Acting Executive Associate Commissioner

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