Sec. 9. Treatment of Hong Kong applicants for visas to study or work in the United States
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Title II of the United States-Hong Kong Policy Act of 1992 ( 22 U.S.C. 5721 et seq.), as amended by section 6, is further amended by inserting after section 202a the following new section: Notwithstanding all other provisions of law, applications for visas to enter, study, or work in the United States, submitted by otherwise qualified applicants who were resident in Hong Kong in 2014, shall not be denied on the basis of the applicant’s arrest, detention, or other adverse government action taken as a result of the applicant’s participation in nonviolent protest activities related to Hong Kong’s electoral processes.
The Secretary of State shall take such steps as necessary to ensure that consular officers shall be aware of this provision of law and shall receive appropriate training and support in order to ensure that it is carried out in such a way that affected individuals shall not face discrimination or unnecessary delay in the processing of their visa applications, including— providing specialized training for consular officers posted to Hong Kong, Beijing, Guangzhou, and Macau; instructing the United States Consulate in Hong Kong to maintain an active list of individuals whom it knows to have been detained, arrested or otherwise targeted by Hong Kong or People’s Republic of China authorities or their intermediaries as a result of their participation in the 2014 protests, in order to facilitate the cross-checking of visa applications for Hong Kong applicants; amending the physical and on-line versions of the visa application as necessary in order to ensure relevant applicants are able to reference this provision of law in their explanatory materials; and instructing personnel at the United States Consulate in Hong Kong to engage with relevant individuals in the Hong Kong community in order to proactively inform them that they will not face discrimination in applying for a visa to the United States due to any adverse action taken against them by the authorities as a result of their participation in the 2014 protests.
The Secretary of State or his or her designee shall contact appropriate representatives of other democratic countries, particularly those who receive a large number of applicants for student and employment visas from Hong Kong, to— inform them of the United States policy regarding arrests for participation in nonviolent protests in Hong Kong; encourage them to take similar steps to ensure the rights of nonviolent protesters are protected from discrimination due to the actions of the Hong Kong and People's Republic of China authorities; and offer, as appropriate, to share information regarding the execution of this policy, including information regarding persons eligible for relief under this provision. .
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Sec. 9
Treatment of Hong Kong applicants for visas to study or work in the United States
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