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To foster greater global connections and enhance bilateral relationships, China has announced an expansion of its visa-free policy for travelers from certain countries. Starting in early December 2023 and lasting until November 2024, passport holders from France, Germany, Italy, the Netherlands, Spain, and Malaysia will have the opportunity to enter China without first applying for a visa. This initiative aims to facilitate travel for purposes such as business, tourism, visiting relatives and friends, and transit. This policy has been implemented on a trial basis.

Under this policy, eligible passport holders from the aforementioned countries can stay in China for up to 15 days per entry. Individuals seeking to make use of this new policy must still meet the specified conditions for visa exemption and may still be required to obtain a visa before entering China. Please consult with the local Chinese embassy or consulate in your country to confirm whether a traveler qualifies under this new provision.

This policy shift may streamline the process for companies and their employees, eliminating the need for a time-consuming visa application for brief business visits and engagements. This is especially useful for any companies conducting business affairs or exploring potential partnerships in China. Companies will be able to respond to immediate business needs, facilitating prompt decision-making for time-sensitive opportunities in the Chinese market. Executives, managers, and employees can swiftly travel for meetings, negotiations, or short-term projects without the logistical hurdles of visa applications.

On Wednesday Dec. 28, 2022, the U.S. Centers for Disease Control and Prevention (CDC) announced a new COVID-19 testing requirement for air passengers traveling from China to the United States. Specifically, the CDC will require all air passengers aged two and older traveling on flights from the People’s Republic of China, Hong Kong, or Macau to the United States to produce a negative COVID-19 test or provide evidence of recovery from COVID-19, effective Jan. 5, 2023 at 12:01 a.m. EST. Impacted passengers may use a PCR test or antigen self-test “administered and monitored by a telehealth service or a licensed provider and authorized by the Food and Drug Administration or the relevant national authority.”[1] The test must be taken no more than 48 hours prior to departure and must show a negative result. The new requirement will apply to all passengers, regardless of nationality and vaccination status, as well as to travelers traveling from China via third country transit and to those connecting through the United States to other final destinations. Additionally, passengers transiting from “Incheon International Airport, Toronto Pearson International Airport, and Vancouver International Airport on their way to the United States will be required to provide a negative COVID-19 test” no more than two days before their departure to the United States if they have been to China within 10 days of their departure.[2] Travelers who have tested positive for COVID-19 more than 10 days before their flight can provide documentary evidence of their recovery in lieu of a negative test result. The CDC’s new requirement will be carried out by airlines which will confirm either a negative COVID-19 test result or proof of recovery before allowing passengers to board their flights.

The CDC’s new requirement comes as the Biden Administration continues assessing spikes in COVID-19 cases across China in the aftermath of easing its strict zero-COVID policies on Dec. 7, 2022. Those measures followed mass protests by Chinese residents against those policies in November 2022.[3] Officially, the CDC has cited China’s lack of transparency in sharing vital COVID-19 data, which could delay the identification of new variants and a lack of case reporting as the impetus for enacting this testing requirement. It is the CDC’s hope that the new requirement will help slow the spread of COVID-19 in the United States. The CDC has also stated that they will continue to monitor the situation and adjust their policies as necessary.[4] After today’s announcement, it is clear that even as the United States reduces COVID-19 health protection measures domestically over two years into the pandemic, COVID-19 may well continue to impact international travel to the United States, making immigration more difficult. Therefore, both employers and personal travelers now have an additional hurdle to consider when planning to enter the United States from China or its Special Administrative Regions.

[1] https://www.cdc.gov/media/releases/2022/p1228-COVID-china.html

[2] Id.

[3] https://www.politico.com/news/2022/12/28/u-s-to-require-covid-tests-for-travelers-coming-from-china-00075693

[4] Supra note 1.

The U.S. Mission in China is temporarily suspending all visa services due to China’s recent spike in COVID-19 cases. Only emergency consular services are available at the U.S. Consulates in Wuhan, Shenyang, and Guangzhou. Passport and emergency citizen services will continue at the U.S. Embassy in Beijing and the U.S. Consulate General in Shanghai.

While some previously scheduled appointments at the Consulate General in Shanghai will proceed, visa appointments at all other locations are canceled. Nonimmigrant Visa applicants are advised to reschedule their appointments for a later date and Immigrant Visa applicants are advised to contact the Immigrant Visa Unit (Immigrant Visa Unit – Question – U.S. Embassy & Consulates in China (usembassy-china.org.cn). The U.S. Mission in China did not indicate when normal services will resume.

For more information on rescheduling a visa appointment and contacting a consulate or the embassy, please see the U.S. Mission China Alert at Alert: Update from U.S. Mission China Consular Services for December 15, 2022 – U.S. Embassy & Consulates in China (usembassy-china.org.cn).

Effective Monday, March 16, 2020, 11:59 p.m. EST, the U.S. will extend the same travel restrictions to the U.K. and Ireland as are already in effect for other European countries, China and Iran.

The Department of Homeland Security also issued a Fact Sheet outlining the return process for persons affected by the March 11 presidential proclamation suspending entry into the U.S.

U.S. citizens, U.S. legal permanent residents and other exempted individuals returning from all restricted countries will be required to travel through the following airports.  All travelers will be subject to health screenings and given further instructions regarding best health practices, which includes a mandatory 14-day self-quarantine period.

  • Boston-Logan International Airport (BOS), Massachusetts
  • Chicago O’Hare International Airport (ORD), Illinois
  • Dallas/Fort Worth International Airport (DFW), Texas
  • Detroit Metropolitan Airport (DTW), Michigan
  • Daniel K. Inouye International Airport (HNL), Hawaii
  • Hartsfield-Jackson Atlanta International Airport (ATL), Georgia
  • John F. Kennedy International Airport (JFK), New York
  • Los Angeles International Airport, (LAX), California
  • Miami International Airport (MIA), Florida
  • Newark Liberty International Airport (EWR), New Jersey
  • San Francisco International Airport (SFO), California
  • Seattle-Tacoma International Airport (SEA), Washington
  • Washington-Dulles International Airport (IAD), Virginia

DHS Acting Secretary Wolf stated- “I understand this new process will be disruptive to some travelers, however this action is needed to protect the general public from further exposure and spread of the coronavirus. Once back in the U.S. it is imperative that individuals honor self-quarantine directives to help protect their loved-ones and communities.”

The complete DHS press release can be accessed at https://www.dhs.gov/news/2020/03/13/department-homeland-security-outlines-new-process-americans-returning-certain.

This is a rapidly developing story so please check back to this blog for updates.  As always, contact your GT attorney as to specific questions or needs.

On Feb. 7, 2020, the official visa information website of the U.S. mission in China (http://cdn.ustraveldocs.com/cn/index.html?firstTime=No) announced that as of Feb. 3, 2020, regular visa services at the U.S. Embassy in Beijing and Consulates General in Chengdu, Guangzhou, Shanghai, and Shenyang are all suspended. The notice further states that the U.S. Embassy and Consulates in China have very limited staffing and may be unable to respond to requests regarding regular visa services. Limited emergency appointments may be available to individuals who have urgent travel needs, and qualify for an exemption under the February 2 Presidential Proclamation on Coronavirus (i.e., lawful permanent residents; spouses and children (unmarried and under age of 21) of U.S. citizens or permanent residents; parents or legal guardians of U.S. citizens or permanent residents, provided the U.S. citizens or lawful permanent residents are unmarried and under 21; siblings of U.S. citizens or lawful permanent residents, provided the U.S. citizens or lawful permanent residents are unmarried and under 21). Individuals who have urgent travel needs and qualify under the exemption of the Presidential Proclamation may go to https://ustraveldocs/com/cn/index/html to submit an emergency appointment request or contact your GT attorneys for assistance.

Pursuant to this announcement, unless indicated otherwise in further notifications, all immigrant and nonimmigrant visa appointments scheduled in the coming weeks will be cancelled. Immigrant and non-immigrant visa applicants, including EB-5 immigrant visa applicants, with scheduled interview appointments in the coming weeks should expect to receive cancellation notices shortly. Please contact your GT attorneys for questions regarding the appointment cancellation and rescheduling. Please note that given the limited staffing the U.S. Embassy and Consulates operate with, we do not expect timely responses for rescheduling requests at this time. We will monitor the situation and provide updates as they become available.

As a follow-up to our Jan. 31 blog post, we have yet to see an official announcement from the U.S. Embassy & Consulates in China regarding visa appointment cancellations for the week of Feb. 10 or later. However, this week, we began receiving non-immigrant and immigrant visa appointment cancellations for the week of Feb. 10. Likewise, the U.S. Consulate General in Guangzhou informed some EB-5 investors that “Due to the evolving situation with the novel corona virus, and the Chinese government response, the USCIS Consulate Guangzhou is cancelling immigrant visa appointments the week of February 10.”  Continue Reading Update on Cancellation of Visa Appointments at U.S. Embassy and Consulates in China, and USCIS Response to the Coronavirus

The Trump Administration has publicly announced that on 5 p.m. eastern time Sunday, February 2, 2020, it will deny entry to all foreign nationals who have been in China within the last 14 days (since January 19, 2020). This ban does not apply to the following individuals:

(1) Lawful permanent residents (Green Card holders);

(2) Spouses of U.S. citizens and lawful permanent residents;

(3) The parent or legal guardian of a U.S. citizen or lawful permanent resident who is unmarried and under the age of 21;

(4) The siblings of U.S. citizens and lawful permanent residents, provided both are unmarried and under the age of 21;

(5) The child, foster child, prospective adoptee or ward of a U.S. citizen or lawful permanent resident;

(6) Crew members traveling as air or sea crew;

(7) Any foreign national traveling at the invitation of the U.S. government to assist with containing or mitigating the coronavirus;

(8) Foreign nationals holding diplomatic visas, including dependents of such individuals holding derivative visas;

(9) Foreign nationals the CDC has determined would not pose a significant risk to the U.S.; and

(10) Foreign nationals whose entry is determined to be in the national interest or further important law enforcement objectives.

Therefore, the ban applies to any foreign nationals holding nonimmigrant visas such as H, L, O, E, among others, who have traveled in China within the last 14 days (since January 19, 2020).

Any foreign nationals who believe they are subject to this ban may want to explore traveling back into the U.S. before the imposition of the ban at 5 p.m. eastern time Sunday, February 2, 2020.

U.S. citizens who have been in the Hubei Province in the last 14 days will be subject to up to 14 days of mandatory quarantine upon return to the United States. U.S. citizens returning from the rest of mainland China who have been there in the last 14 days will undergo screening at US ports of entry and up to 14 days of self-monitoring.

This ban will remain in effect indefinitely. However, every 15 days, the Secretary of Health and Human Services will recommend to the President whether to continue, modify or terminate the ban.

We will provide updates if more information becomes available.

On Jan. 31, the official visa information website of the U.S. mission in China posted an urgent announcement that U.S. Embassy and Consulates in China are cancelling immigrant and nonimmigrant visa appointments the week of Feb. 3. The visa information website cannot provide a specific date when routine visa services will be resumed. We expect EB-5 investors, along with all immigrant and nonimmigrant visa applicants who have been scheduled an interview in China next week to receive interview cancellation notices shortly. For those who have yet to receive cancellation notices, please do not plan on making travel arrangement to attend interviews scheduled for next week. Please contact your attorney should you have any questions regarding the interview cancellation and rescheduling. Please also refer to our previous blog post, “Important Update on Visa Rescheduling Due to the Coronavirus,” for further information. We will monitor developments and provide further updates as they become available.

2020年1月31日，美国驻华官方签证信息网站（签证预约网站）(http://cdn.ustraveldocs.com/cn/) 紧急通知2月3日-2月7日一周的移民类和非移民类签证面试将被取消。目前仍未能确定恢复签证服务的具体时间。我们预计原预定在2月3日这一周进行面试的EB-5投资人及其家属，和所有移民类或非移民类签证申请人，将很快收到驻华大使馆或领事馆的面试取消通知。对尚未收到面试取消通知的申请人，请暂时做不去参加面试的准备。如果您需要确认您的面试是否已取消以及需要重新预约面试时间，或有其他疑问，请联系您的律师。另请参阅我们之前有关的博客文章(https://www.eb5insights.com/2020/01/29/important-update-on-visa-rescheduling-due-to-the-coronavirus/)。 我们会跟近美国大使馆和领事馆的动态，并提供进一步的更新。

The Department of State (DOS) and Mission China announced that changes have been made to consolidate the processing in China of H and L visa applications for foreign nationals seeking to work in the United States. Starting March 1, 2019, all interviews for H and L visas will be conducted only at the U.S. Embassy Beijing, U.S. Consulate General Guangzhou, and U.S. Consulate General Shanghai. The U.S. Consulate General Chengdu and U.S. Consulate General Shenyang will no longer be conducting H or L visa interviews. These changes are a result of the volume and complexity of H and L visa petitions, and will ensure adequate resources and expertise are effectively applied in reviewing the petitions.

H-1B, Specialty Occupation, is a visa that allows U.S. companies to temporarily employ foreign workers in occupations that require the theoretical and practical application of a body of highly specialized knowledge and a bachelor’s degree or higher in the specific specialty, or its equivalent. Specialty occupation fields include, but are not limited to: architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts.

L-1A, Intracompany Transferee Executive or Manager, is a visa classification that allows a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. The L-1A visa also allows a foreign company, which may not already have an affiliated U.S. office, to send an executive or manager to the U.S. with the purpose of establishing one.

L-1B, Intracompany Transferee Specialized Knowledge, allows a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization’s interest from one of its affiliated foreign offices to one of its U.S. offices. The L-1B visa also allows a foreign company that does not yet have an affiliated U.S. office to send a specialized knowledge employee to the United States with the purpose of establishing one.

GT will continue to monitor and report on changes in consular processing that can impact the visa application process.

To read more on U.S. business immigration developments as relates to China, click here.

˘ Not admitted to the practice of law

According to the June 2017 Visa Bulletin released by Department of State and effective June 1, there will be significant retrogression in the EB-1 category for individuals born in mainland China and India. While the current cutoff date for worldwide chargeability in the EB-1 category will remain current, the final action dates for Chinese and Indian nationals will retrogress to Jan. 1, 2012.

The cutoff date for worldwide chargeability in the EB-2 category will be current but for mainland China and India. There is slight movement for mainland China in the EB-2 category which will move from Feb. 8, 2013, to March 1, 2013, and for India, which will move from June 22, 2008, to July 1, 2008.

In the EB-3 category, the cutoff date for worldwide chargeability, as well as for El Salvador, Guatemala, Honduras, and Mexico will move up one month from March 15, 2017, to April 15, 2017.  The cutoff date for mainland China is stalled at Oct. 1, 2014. There will be slight movement for India, with the cutoff date advancing seven (7) weeks from March 25, 2005, to May 15, 2005. The cutoff date for the Philippines will advance four (4) months from Jan. 1, 2013, to May 1, 2013.

For those in the EB-5 category, the priority date will remain current for all applicants other than those born in mainland China, which will move merely one week from June 1, 2014, to June 8, 2014. While the cutoff dates for Regional Center program were unavailable in May due to the anticipated program expiration date, the cutoff dates will be available again in June due to the extension of the Regional Center program, and is set at June 8, 2014, for mainland China-born applicants.

For those seeking to adjust status, United States Citizenship and Immigration Service (USCIS) website indicates that the Department’s Application Final Action Dates chart must be used for filing Form I-485 in April and May 2017. While USCIS has yet to announce whether it will accept I-485 applications based on the Dates for Filing Visa Applications chart in June 2017, based on recent trends where Dates for Filing Visa Applications has been consistently disregarded, we anticipate that USCIS will continue to follow Application Final Action Dates for June as well.

Final Action Dates for Employment-Based Preference Cases

eb1 final

Dates for Filing of Employment-Based Visa Applications

june visa