Sec. 6. Treatment of Hong Kong residents for immigration purposes
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Notwithstanding any other provision of law, during the 5 fiscal year period beginning on the first day of the first full fiscal year after the date of enactment of this Act, Hong Kong shall continue to be considered a foreign state separate and apart from the PRC as mandated under section 103 of the Immigration and Nationality Act of 1990 ( Public Law 101–649 ) for purposes of the numerical limitations on immigrant visas under sections 201, 202, and 203 of the Immigration and Nationality Act ( 8 U.S.C. 1151 , 1152, and 1153).
Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Homeland Security, shall publish in the Federal Register, an interim final rule implementing this section. Notwithstanding section 553 of title 5, United States Code, the rule shall be effective, on an interim basis, immediately upon publication, but may be subject to change and revision after public notice and opportunity for comment. The Secretary of State shall finalize such rule not later than 1 year after the date of the enactment of this Act.
Such rule shall establish procedures— for individuals to register with any United States embassy or consulate outside of the United States, or with the Department of Homeland Security in the United States, and request designation as a Priority Hong Kong Resident; and for the appropriate Secretary to verify the residency of registered individuals and designate those who qualify as Priority Hong Kong Residents. The procedures described in paragraph
(1)shall include the collection of— biometric data; copies of birth certificates, residency cards, and other documentation establishing residency; and other personal information, data, and records deemed appropriate by the Secretary. Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall issue guidance outlining actions to enhance the ability of the Secretary to efficiently send and receive information to and from the United Kingdom and other like-minded allies and partners for purposes of rapid verification of lawful permanent residency in Hong Kong and designation of individuals as Priority Hong Kong Residents. Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit a report to the House Committees on Foreign Affairs and the Judiciary and the Senate Committees on Foreign Relations and the Judiciary detailing plans to implement the requirements described in this subsection. Nothing in this section shall be construed to prevent a Priority Hong Kong Resident from seeking refugee status under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1107 ) or requesting asylum under section 208 of such Act ( 8 U.S.C. 1108 ).
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- Pub. L. 101-649
- 8 USC 1108
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Sec. 6
Treatment of Hong Kong residents for immigration purposes
Pub. L.Pub. L. 101-649
Cite8 USC 1108
Cites 4Cited by 0 across 0 sources