Received: from ATHENA.MIT.EDU by po6.MIT.EDU (5.61/4.7) id AA19771; Thu, 13 Aug 92 02:53:16 -0400 Received: from kentvm.kent.edu by Athena.MIT.EDU with SMTP id AA25500; Thu, 13 Aug 92 02:51:36 EDT Message-Id: <9208130651.AA25500@Athena.MIT.EDU> Received: from KENTVM.BITNET by Kentvm.Kent.edu (IBM VM SMTP R1.2.2MX) with BSMTP id 1255; Thu, 13 Aug 92 02:47:36 EDT Received: from KENTVM.BITNET by KENTVM.BITNET (Mailer R2.08) with BSMTP id 3467; Thu, 13 Aug 92 02:47:26 EDT Date: Thu, 13 Aug 1992 01:08:58 -0500 Reply-To: CND-US%LIBRARY.UTA.EDU@Kentvm.Kent.edu Sender: "China News Digest (US News)" From: cnd-us%library.uta.edu@Kentvm.Kent.edu Subject: CND-US, August 13, 1992 Comments: To: china-nd@kentvm.kent.edu To: Multiple recipients of list CHINA-ND +-+-+-+-+-+-+-+-+-+ C h i n a N e w s D i g e s t +-+-+-+-+-+-+-+-+-+ (US Regional) Thursday, August 13, 1992 +--------------------------------------------------------------------------+ | 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. | +--------------------------------------------------------------------------+ [CND's note: Due to network problem, readers have been unable to reach CND at the address cnd-xxxxxx@djohn-sun.kent.edu since August 2, please use CND-XXXX@LIBRARY.UTA.EDU to reach CND for the time being, where "XXXX" = EDITOR or US or CM or HELP] Table of Contents # of Lines ============================================================================ 1. News Brief (5 Items) ................................................. 43 2. An Analysis of the Amended Chinese Student Protection Act of 1992 ... 198 "Any alien applying for immigration is required to file a petition to the Attorney General for classifications, i.e., either family-sponsored, employment-based or others. For example, for an H-1 holder to apply for immigration, he is required to file a petition asking for employment-based classification (usually with the proof of the Labor Certificate)" 3. Life in America: Garage Sale ......................................... 72 ---------------------------------------------------------------------------- ---------------------------------------------------------------------------- 1. News Brief (5 Items) ................................................. 49 ---------------------------------------------------------------------------- IFCSS has been requested by Sprint to send delegates from schools to assist in selling the IFCSS/Sprint Long Distance programs to Chinese students and scholars in a Sprint sales promotion program in August and September. IFCSS call for volunteers to participate in this event. Participants will earn $10 per hour for no more than 4 hours of work, in addition to helping IFCSS and local CSSA's achieving financial independence. The event will take place in 42 schools located all over the United States. Contact the IFCSS HQ for details on the program. (From: IFCSS HQ, . Abridged by CND) ___ ___ ___ Sprint, upon the request of IFCSS HQ, has assigned a program number for the IFCSS/Sprint Long Distance Discount Program. The number is 925-43-1010. Applicants to this program should refer to this number when calling Sprint. Use of this number will also insure that IFCSS receives credit for each sale to IFCSS members which will also benefit the local CSS organizations. When sending in the order forms, please also put the program number and the word "IFCSS" on the upper left hand corner of the order form with a different color of ink. (From: IFCSS HQ, ) ___ ___ ___ The Minnesota Lobby Group for the Chinese Student Protection Bill has decided to donate $1,000 to the IFCSS/CCSA account to support its lobby efforts, as the CCSA has not raised enough fund to cover its expenses this year. The group hopes that the donation will help CCSA continue to lobby the protection bill so that it can be signed into law as soon as possible, and that Chinese students in other states will make similar moves to support the lobby campaign. (From: Zixiang Tang ) ___ ___ ___ I was told that the lobbying team(s) in D.C. are using their own credit cards to pay for the lobbying activities. God bless them! As our support, we are sending another $800 to the IFCSS/CCSA. (From:ZK Xu, Oregon State Univ. ) ___ ___ ___ There have been another Chinese student's name being circulated in the NAFSA communication network, as seen in the following excerpt: If you have received an application from a XXXXXXX Qiu of the PRC, you may wish to call me at (XXX) XXX-XXXX. Lu Pearson Smith, Director Graduate & International Admissions Western Illinois University (From: NAFSA Communication List, forwarded by Bo Xiong) ---------------------------------------------------------------------------- 2. An Analysis of the Amended Chinese Student Protection Act of 1992 ... 198 ---------------------------------------------------------------------------- From: Junwei W. Hou, Source: China-Net, August 12, 1992 [Author's Note: The following analysis is solely based on the author's understanding and knowledge. For more detailed analysis about the bill, the interested persons should consult their immigration lawyers or other governmental officials. INA refers to the Immigration and Naitonality Act of 1990. INS refers to the Immigration and Nationality Service. Text within [ ] is from the bill.] S. 1216: CHINESE STUDENT PROTECTION ACT OF 1992 SECTION 1. SHORT TITLE. This Act may be cited as the "Chinese Student Protection Act of 1992". SEC. 2. ADJUSTMENT TO LAWFUL PERMANENT RESIDENT STATUS OF CERTAIN NATIONALS OF THE PEOPLE'S REPUBLIC OF CHINA. [ (a) In General. -- Subject to subsection (c)(1), whenever an alien described in subsection (b) applies for adjustment of status under section 245 of the Immigration and Nationality Act during the application period (as defined in subsection (e)) the following rules shall apply with respect to such adjustment:] [(1) The alien shall be deemed to have had a petition approved under section 204(a) of such Act for classification under section 203(b)(3)(A)(i) of such Act.] INA 204(a) provides that any alien applying for immigration is required to file a petition to the Attorney General for classifications, i.e., either family-sponsored, employment-based or others. For example, for an H-1 holder to apply for immigration, he is required to file a petition asking for employment-based classification (usually with the proof of the Labor Certificate). This section of the bill provides that any qualified PRC national "shall be deemed to have had a petition approved" by the Attorney General under the employment-based classification (sec. 203(b)(3)(A)(i) of INA). [(2) The application shall be considered without regard to whether an immigrant visa number is immediately available at the time the application is filed.] This section means that the PRC nationals' applications will not be restricted by the immigration visa quota set by INA. [(3) In determining the alien's admissibility as an immigrant, and the alien's eligibility for an immigrant visa -- (A) paragraphs (5) and (7)(A) of section 212(a) and section 212(e) of such Act shall not apply; and (B) the Attorney General may waive any other provision of section 212(a) (other than paragraph (2)(C) and subparagraph (A), (B), (C), or (E) of paragraph (3)) of such Act with respect to such adjustment for humanitarian purposes, for purposes of assuring family unity, or if otherwise in the public interest.] According to INA, any alien applying for immigration must have valid status and must not fall into the classes of "Excludable Aliens" described in INA sec. 212 (a). This section of the bill provides that some provisions of INA 212(a) are not applicable to the PRC nationals covered by the bill: 212(a)(5)(A): Labor Certification (7)(A): valid documentation such as a valid unexpired immigrant visa, reentry permit, border crossing ID, valid unexpired passport, etc. 212(e): J-visa, i.e. 2 year home-country requirement In addition, "for purpose of assuring family unity, for humanitarian purposes, or if otherwise in the public interest," the Attorney General has the discrection to wave any other provision of INA 212(a) except following provisions: 212(a)(2)(C): drug dealers (3)(A): "any alien who a consular officer or the Attorney General knows, or has reasonable ground to believe, seeks to enter the United States to engage solely, principally, or incidentally in" unlawful activities." 212(a)(3)(b): Terrorist Activities 212(a)(3)(C): Aliens with "potentially serious adverse foreign policy consequences" for the U.S., with some exceptions. 212(a)(3)(E): Participants in Nazi Persecutions or Genocide. [(4) The numerical level of section 202(a)(2) of such Act shall not apply.] 202(a)(2) sets the numerical limits of family-sponsored and employment-based immigrant visa for any single foreign state. The limit is set that no greater than 7% of the total available visa number may be issued per country plus what is left over from other immigrant categories. Under INA 201(c)&(d), the worldwide level of family-sponsored immigrants is about 480,000, and the worldwide level of employment-based immigrant visa number is at least 140,000. [(5) Section 245(c) of such Act shall not apply.] 245(c) excludes those engaging in unauthorized employment or losing lawful status prior to the filing for immigration adjustment. This provision will not apply under S. 1216. [(b) Aliens Covered. -- For purposes of this section, an alien described in this subsection is an alien who -- (1) is a national of the People's Republic of China described in section 1 of Executive Order No. 12711 as in effect on April 11, 1990; (2) has resided continuously in the United States since April 11, 1990 (other than brief, casual, and innocent absences); and (3) was not physically present in the People's Republic of China for longer than 90 days after such date and before the date of the enactment of this Act.] This provision should be read in reference to the Executive Order. [(c) Condition; Dissemination of Information. -- (1) Not applicable if safe return permitted. -- Subsection (a) shall not apply to any alien if the President has determined and certified to Congress, before the first day of the application period, that conditions in the People's Republic of China permit aliens described in subsection (b)(1) to return to that foreign state in safety. (2) Dissemination of information. -- If the President has not made the certification described in paragraph (1) by the first day of the application period, the Attorney General shall, subject to the availability of appropriations, immediately broadly disseminate to aliens described in subsection (b)(1) information respecting the benefits available under this section. To the extent practicable, the Attorney General shall provide notice of these benefits to the last known mailing address of each such alien.] The benefit provided in the bill will not be materialized if the condition in China no longer supports the presumption that the safety return of the PRC nationals are not warranted. The President will be responsible for providing such proof before July 1, 1993. [(d) Offset in Per Country Numerical Level. -- (1) In general. -- The numerical level under section 202(a)(2) of the Immigration and Nationality Act applicable to natives of the People's Republic of China in each applicable fiscal year (as defined in paragraph (3)) shall be reduced by 1,000.] 202(a)(2) provides that per country level of immigration quota shall not excess 7% of the total immigrant visa number. (see above (4)). For detailed number assigned to PRC nationals, refers to INS source. The number assigned to PRC nationals should not excess 34,000 for family-sponsored immigrant and 10,000 for employment-based immigrant. [(2) Allotment if section 202(e) applies. -- If section 202(e) of the Immigration and Nationality Act is applied to the People's Republic of China in an applicable fiscal year, in applying such section -- (A) 300 immigrant visa numbers shall be deemed to have been previously issued to natives of that foreign state under section 203(b)(3)(A)(i) of such Act in that year, and (B) 700 immigrant visa numbers shall be deemed to have been previously issued to natives of that foreign state under section 203(b)(5) of such Act in that year.] 202(e) provides that no offset in number or visas should be made if "an alien is granted the status of having been lawfully admitted for permanent residence." If it is decided that this provision applies to the PRC nationals covered by this bill, the distribution of the 1,000 reduced immigrant number, as provided by this bill, should be divided as following: 300 visa numbers reduced shall be from the category of employment-based skilled workers, professionals, and other workers (the world-wide level of this category is 40,000 plus what is left over from other categories, the number assigned to China can be found in relevant INS documents); 700 visa number reduced shall be from the category of "employment creation". (The world-wide level in the category is about 10,000). (Interestingly, as what I understand, not many PRC immigrants are from this category. Thus, the impact of assigning 700 reduced visa number to employment-creation category may not be as great as it seems to be.) [(3) Applicable fiscal year. -- (A) In general. -- In this subsection, the term "applicable fiscal year" means each fiscal year during the period -- (i) beginning with the fiscal year in which the application period begins; and (ii) ending with the first fiscal year by the end of which the cumulative number of aliens counted for all fiscal years under sub-paragraph (B) equals or exceeds the total number of aliens whose status has been adjusted under section 245 of the Immigration and Nationality Act pursuant to subsection (a). (B) Number counted each year. -- The number counted under this subparagraph for a fiscal year (beginning during or after the application period) is 1,000, plus the number (if any) by which (i) the immigration level under section 202(a)(2) of the Immigration and Nationality Act for the People's Republic of China in the fiscal year (as reduced under this subsection), exceeds (ii) the number of aliens who were chargeable to such level in the year. ] This provision provides that the reduction of 1,000 immigrant visa number from that assigned to PRC nationals under the INA will continue each year until such deduction equals or exceeds the number granted to the PRC nationals covered by the bill. The way to count the number of the PRC national benefitted from the bill is: 1,000/yr + if any (the quota assigned to PRC - actual no. of PRC immigrant). Of course, for the purpose of this calculation, the no. in () can not be negative. Otherwise, it will not be included in the formula. [(e) Application Period Defined. -- In this section, the term "application period" means the 12-month period beginning July 1, 1993.] This may be the only part amended in House. The PRC nationals covered should apply for permanent residence status between July 1, 1993 to June 30, 1994. ---------------------------------------------------------------------------- 3. Life in America: Garage Sale ......................................... 72 ---------------------------------------------------------------------------- From: Source: Soc.Culture.China, August 12, 1992 Saturday morning, after three cups of coffee, I heard a knock on the door. Everybody was here. We hit the road to check out some garage sales. On the table in front of a sweet blonde, I found an interesting song book. It is a collection of '87's top hits. Robert Palmer's "Addicted to Love", Cindy Lauper's "True Color", Ben E. King's "Stand by me", Motley Crue's "Home sweet home" ..., plus several songs from the sensational dream girl Janet Jackson. These were all very old songs (It's been five years? oh man!), but I got to have it. "One dollar." The sweet girl smiled. I pull out a dollar bill. Ben pulled me aside. "You should bargain! Why didn't you bargain?" He looked at me like I am crazy. "You could save 50 cents!" I knew that I have this reputation among my friend for over-spending. I was really embarrassed. I mumbled, "Well, I guess I just have to live on instant noodle for a week." Ben must felt hopeless about me, "This is no joking matter!" Suzi came over, and hit me below the belt. Ben's wife Cindy was really attracted by a black leather coat. Cindy came to the States about four months ago. She just started working as a waitress at a local Chinese restaurant. She tried the coat on. It was perfect. The thin waistline fit nicely around her tiny measure, and the hem line just covered half of her calf. Admiring the beautiful figure, a black sister almost drooled, "Oh, girlfriend, now you have to keep working, working, working ...." Cindy started to get crazy. "Do you think it is real leather?" "Well, I don't know. But it looks really great on you." Suzi was inspecting the coat in great details. "And it is almost new." "Can you ask how much they want for me?" Cindy did not speak English very well yet. "Sure." Suzi went to talk to the sweet girl. "Twenty bucks." Suzi looked at Cindy's face for a second, and then looked at Ben's face for a second. "How about ten bucks." The girl shook her head immediately, "No, no. I can't sell it less than fifteen bucks." "How about twelve". "mmmm..., ok, twelve." The girl bit her lips. Suzi looked at Ben and Cindy confidently. Cindy looked at Ben eagerly. "It looks to me," Ben started his analyses, "that she really want to sell this coat. We can have a bargain. I say ten bucks or else." Suzi look at him unbelievably. She must fell a little silly when she asked the girl again, "How about ten dollars?" The girl shook her head. "Let's go." Ben explain, "When she sees us leaving, she will chase us and beg us to buy. Then we will have a real bargain!" I swear that I can see tears in Cindy's eyes. When we open the car door, Ben looked back, "These Americans! They never know how to do business." This time he shook his head. "How can they sell things if they are not willing to reduce the price?!" Suzi whispered to my ear, "If I have a figure like that, ..." I could only agree with her, "If I have a girl with that figure, ..." This time, Suzi's foot landed on my buttock really hard. +--------------------------------------------------------------------------+ | Editor of This Issue: Zuofeng Li Coordinating Editor: Bo Xiong | +--------------------------------------------------------------------------+ | China News Digest (CND) offers the following services: | | (1) Global News (daily) (2) US Regional News | | (3) Canada Regional News (4) Europe & Pacific Regional News | | (5) Hua Xia Wen Zhai (a weekly Chinese magazine) | | (6) several information packages. | | To subscribe or get help, mail to: cnd-help@library.uta.edu | | To contribute news, please send to: cnd-editor@djohn-sun.kent.edu | +--------------------------------------------------------------------------+