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Code · BILL · 116th Congress · S. 4229 (Introduced in Senate) — To reaffirm the principles and objectives set forth in the United States-Hong Kong Policy Act of 1992, and for other... · Sec. 7

Sec. 7. Admission for certain highly skilled Hong Kong residents

599 words·~3 min read·/bill/116/s/4229/is/section-7

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Subject to subsection (c), the Secretary of Homeland Security, or the Secretary of State, in consultation with the Secretary of Homeland Security, may provide an alien described in subsection
(b)with the status of a special immigrant under section 101(a)(27) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27) ) if the alien, or an agent acting on behalf of the alien— submits a petition for classification under section 203(b)(4) of such Act ( 8 U.S.C. 1153(b)(4) ); is otherwise eligible to receive an immigrant visa; is otherwise admissible to the United States for permanent residence (excluding the grounds for inadmissibility specified in section 212(a)(4) of such Act ( 8 U.S.C. 1182(a)(4) ); and clears a background check and appropriate screening, as determined by the Secretary of Homeland Security. An alien is described in this subsection if the alien— is a citizen of the PRC; was born in, or has been a resident or permanent resident of, Hong Kong for at least 10 years as of the date of the enactment of this Act; and has received a graduate diploma from an accredited institution; has completed undergraduate or graduate education in the United States; or is the sole or majority owner of a company with more than 50 direct employees or greater than $5,000,000 in assets. An alien is described in this subsection if the alien is the spouse or child of an alien described in paragraph (1). The total number of principal aliens who may be provided special immigrant status under this section may not exceed 50,000 for any of the 5 fiscal years beginning after the date of the enactment of this Act. In admitting aliens under this section, the Secretary of Homeland Security, in consultation with the Secretary of State, may give priority to aliens who have earned a college degree in science, technology, engineering, or mathematics, including the physical and life sciences, computer science, engineering, technology, and medicine. Aliens provided immigrant status under this section shall not be counted against any numerical limitation under section 201, 202, 203, or 207 of the Immigration and Nationality Act ( 8 U.S.C. 1151 , 1152, 1153, and 1157). The Secretary of State, in consultation with the heads of other relevant Federal agencies, shall make a reasonable effort to provide an alien described in subsection
(b)who is applying for a special immigrant visa under subsection
(a)with protection or the immediate removal from the PRC, to the extent possible, if the Secretary determines that such alien is in imminent danger. No alien shall be denied the opportunity to apply for admission under this section solely because such alien qualifies as an immediate relative or is eligible for any other immigrant classification under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq.). Except as provided in paragraph (2), the Secretary of State and the Secretary of Homeland Security shall ensure that the United States Government takes all necessary actions incidental to the approval of applications submitted under subsection (a), including required screenings and background checks, are completed not later than 2 years after the submission of such applications by an eligible applicant. Notwithstanding paragraph (1), the relevant Federal agencies may take additional time to process applications submitted under subsection
(a)after the 2-year deadline to the extent satisfaction of national security concerns requires such additional time if the Secretary of Homeland Security, or a designee of the Secretary, not later than such deadline— determines that the applicant meets the requirements for status as a special immigrant under this section; and notifies the applicant of such determination.
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Sec. 7
Admission for certain highly skilled Hong Kong residents
U.S.C.§ 1101
U.S.C.§ 1153
U.S.C.§ 1182
U.S.C.§ 1151
Cites 4Cited by 0 across 0 sources
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