On July 14, 2020, President Trump issued Executive Order (EO 13936) that ends the special treatment of Hong Kong as a separate foreign state from China. The immigration impact to Hong Kong nationals is significant. For the permanent residence (i.e. green card) process, Hong Kong-born nationals will now be “charged” to China, rather than the “Worldwide” quota, meaning they will now be subject to the same multi-year wait times and immigrant visa backlogs as nationals born in mainland China for many employment-based preference categories. In addition, Hong Kong SAR passport holders with H, L, and O visas will now be subject to shorter visa validity periods, in accordance with the Department of State’s visa reciprocity tables. The EO also orders the termination of the Fulbright Exchange Program with Hong Kong and China, and J-1 exchanges for Hong Kong residents would likely now be subject to the two-year home country requirement that most programs for residents of China fall under. The exact effective date of the EO is not yet clear and we will update this blog post once we know more.
© Jewell Stewart & Pratt PC 2020