Subject: CND-US, December 2, 1993

From: [email-masked]
Date: Wed, 1 Dec 1993 23:56:03 -0600

+-+-+-+-+-+-+-+-+-+   C h i n a   N e w s   D i g e s t  +-+-+-+-+-+-+-+-+-+

                               (US Regional)

                          Thursday, December 2, 1993

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| CND-US, normally 1 or 2 issues a week, is a supplement to CND-Global and |
| has basically no overlap with the daily news.   CND-US provides in-depth |
| information concerning Chinese students/scholars in the United States.   |
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Table of Contents                                                 # of Lines
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1. News Briefs (5 Items) ................................................ 58
2. Amendment Related to Chinese Nationals and Federal Employment ........ 99
3. 43,277 CSPA Visa #'s Granted - IFCSS Update on CSPA Implementation ... 30
4. Beijing Residents Say Good-Bye to Fireworks .......................... 32
5. NAFSA Comment on DOL H-1B Rule ...................................... 165
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1. News Briefs (5 Items) ................................................ 58
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Chinese Democratic Education Foundation (CDEF) will hold a special award
ceremony at 4:00PM on December 4, 1993 (Saturday) to present the Award for
the Advancement of Democracy in China. Hou Xiaotian, the wife of political
dissident Wang Juntao, will be present to accept the award on his behalf.
Wang was honored with the annual award by the CDEF in the spring of 1990 for
his prominent leadership role of pioneering studies of social issues and
seeding for the resurgence of "open society" in China. The ceremony will
take place at Chinese Culture Service Center (CCSC), 1650 S. Amphlett Blvd.,
San Mateo, CA 94402, Phone: (415) 341-7722.
(From: Ignatius Ding <[email-masked]>, /12/01/93)
                             ___  ___  ___

[Editor's Note: In NB item 3, CND-US 11/28/93, the correct e-mail address of
the "Plasma Conference" contact person should be <[email-masked]>. We
thank readers for pointing it out to us.]
                             ___  ___  ___

The Preparatory Committee of Nanjing University Alumni Association, USA will
hold a meeting at New York City in the last week of this December to set up
Nanjing University Alumni Association, USA (NUAA-USA). Any person who has
been studying, teaching and/or working at Nanjing University is welcome to
attend the meeting. The details on the time and place of the meeting will be
announced in the World Journal (Shi Jie Ri Bao). Alumnus/alumna who would
volunteer as regional liaison person and join the work of NUAA-USA, please
contact Chengping Lian <[email-masked]> (718-381-6511); Hua Chen
<[email-masked]> (305-324-9050); or Yan Chen (516-632-2153).
(From: Xin Tang <[email-masked]>, 12/01/93)
                             ___  ___  ___

Guizhou Scholars & Professionals Association of USA (GSPA) was established
in Springfield, Illinois on 28th November,1993. The organization aims at the
improvement in education and economic development in Guizhou province. It
also serves as a channel for communication between scholars and
professionals who once studied or worked in Guizhou province. For more
information please contact [email-masked] or [email-masked].
(From: Brian Su <[email-masked]>, 11/29/93)
                             ___  ___  ___

Sponsored by China Ministry of Culture, there will be a "Night of China"
show in the New York area in December, featuring Chinese stars Jiang1 Kun1,
Hou2 Yue4 Wen2, Liu2 Quan2 Li4, Jiang3 Da4 Wei2, Cai4 Guo2 Qing4, et al.
Show times and places are: Dec.9(Thur), 7:30: pm Miller Theatre, Columbia
University; Dec. 10(Fri), 7:30 pm Colden Center, Queens College. For tickets
information call: (212)678-3618; (212)678-0277; (201)661-0229.
(From: Wan Sun <[email-masked]>, 11/28/93)
                             ___  ___  ___

Chinese Community Forum (CCF) published 6 issues in the last two weeks
(No.9319-9322). The two Wednesday regular issues focused on debates of NAFTA
and economic, political and social developments; the Weekend Editions
carried Asia Survey and The Rise of China, two articles from the western
journals; the Tuesday Special Editions are dedicated to CSS activities, one
is a home visit report, the other the IFCSS financial inspection report.
Back issues of CCF are available by anonymous ftp at cnd.org[132.249.229.100]
(pub/community/CCF). (From: Weihe Guan, <[email-masked]>, 11/30/29)

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2. Amendment Related to Chinese Nationals and Federal Employment ........ 99
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>From: IFCSS HQ <[email-masked]>, November 30, 1993
Source: IFCSS NR No. 5081

The House 1992 Appropriation Bill (P.L. 102-141) allows the nationals of PRC
covered by Bush's executive order to work in the US government. Recently an
amendment (H.R. 2403, 103d Congress, 1st Session) was made to let these
Chinese nationals to continue to enjoy such status after the implementation
of the CSPA. If you need to apply for a government job that requires US
citizenship, you may read the following carefully, and if necessary seek
professional advice.

     ***                 ***                 ***

FY 1994 TREASURY-POSTAL SERVICE APPROPRIATIONS

                  Amendment Related to Chinese Nationals
             Covered under the Chinese Student Protection Act

Background:

In 1991, the House Treasury-Postal Service Appropriations Conference
Committee to the Fiscal Year 1992 Appropriations bill adopted a house
amendment which provided that Chinese nationals protected by Executive Order
12711 of April 11, 1990 would be eligible to receive compensation as an
employee of the Government of the United States (See, Attachment 1.)

The President's Executive Order protected Chinese nationals in the U.S. from
being forced back to China through December 31, 1993. In 1992, the Congress
passed, and the President signed into law, the Chinese Student Protection
Act(P.L. 102-404) which provided that certain nationals protected under the
Executive Order would be allowed to reside permanently in the United States.

As a result of the enactment of the Treasury-Postal Service Appropriations
bill for FY'92, Chinese nationals were hired to work for the United States
Government.

Current Situation:

The Executive Order will expire on December 31, 1993. It has been
effectively replaced with the Chinese Student Protection ACT (CSPA).
However, pursuant to the FY'92 Treasury-Postal Appropriations amendment,
there are a number of Chinese nationals hired by the U.S. Government on
contracts which expire and are renewed on an annual basis. As a result,
those technicians, scientists and other Chinese nationals seeking to renew
their employment contracts or to change positions within the U.S.
Government will be precluded from doing so due to the eligibility
restriction to those covered by the expiring Executive Order.

As a result, an amendment would be required so that those Chinese nationals
entitled to permanent residence in the U.S.  under the provisions of the
CSPA, and now subject to loss of employment status with the U.S. Government.

Language of FY'92 Appropriations Bill (P.L. 102-141)

Sec. 606....(6) nationals of the People's Republic of China protected by
Executive Order Number 12711 of April 11, 1990...

Proposed Amendment

adjustment of status pursuant to the Chinese Student Protection Act of
1992...

     ***                 ***                 ***

September 24, 1993
103d Congress
1st Session
Report 103-268

Mr. Hoyer, from the Committee of Conference

                    Conference Report
               [To accompany H.R. 2403]

               Compensating Non-US Citizens

The amendment also inserts a provision which amens Section 606 of this Act
to allow certain citizens of the former Soviet Union to be employed by the
United States Government.

The amendment also inserts a provision which amends Section 606 of this Act
to allow certain citizens of the People's Republic of China to be employed
by the United States Government.

The purpose of this language is to ensure that compensation of any officer
or employee of the Government of the United States whose post of duty is in
the United States shall be available and provided to nationals of the
People's Republic of China formerly protected by the Executive Order No.
12711 of April 11, 1990.  Chinese aliens covered under this section include
those nations that meet the eligibility requirements of the Chinese Student
Protection Act (P.L. 102-404), whether or not they took advantage of said
benefits.

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3. 43,277 CSPA Visa #'s Granted - IFCSS Update on CSPA Implementation ... 30
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>From: IFCSS HQ <[email-masked]>, November 30, 1993
Source: IFCSS NR No. 5082

In the past two days, the HQ contacted various offices in the State
Department and INS HQ to follow up with the events of CSPA implementation.
The following are some initial results for your reference:

1. As of today the Visa Number Control Division of the State Department has
issued a total of 43,277 visa numbers to the CSPA applicants.
2. The visa numbers requested by the four centers on the State Department
for CSPA dropped to less than twenty each day.
3. The INS HQ officers are still working on a formal response to the IFCSS
HQ enquiry about DED concerns, the obvious slow-down in processing, and
other related issues of the CSPA remainders.
4. The INS HQ officers informed us that their formal response will be ready
early next week. We will make it available to you as soon as we receive it.

                         ***  ***  ***

>From: "Susan Snider Salmon, Director, International Center"
 <[email-masked]>
      November 24, 1993

Just a thought for all CSPA Green Card recipients:

Be sure to look into your institutional or private insurance options.
Some institutions have policies which may not cover Permanent Residents.
Check it our BEFORE you need the coverage insurance provides!

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4. Beijing Residents Say Good-Bye to Fireworks .......................... 32
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Forwarded by: Deming, November 30, 1993
Source: AP

Ever since the Chinese invented gunpowder a millennium ago, they have had a
love affair with fireworks, using them to celebrate holidays, weddings and
just about any other joyful occasion. That familiar crackle echoed through
the narrow streets of old Beijing again this week. Only this time the sound
is mournful, a swan song for the beloved tradition. Beijing's leaders have
banned firecrackers and fireworks beginning Wednesday, arguing that they
cause too many injuries and property damage.

In recent days, residents have been setting off their stockpiles to beat the
ban. The activity reached a crescendo Tuesday night, with telltale pops and
blasts tattooing the crisp autumn evening. "I'll really miss this," a high
school student who called himself Little Huang said as he flung a lit
firecracker in his apartment complex courtyard.  "Perhaps the next
generation won't even know what this was all about."

Large notices have gone up in neighborhoods warning that setting off
firecrackers will carry a penalty up to the equivalency of $84, while fines
for manufacturing or selling pyrotechnics are up to 20,000 yuan, or about
$3,400.

It won't really be clear whether Beijing citizens acquiesce to the new
ordinance until Chinese New Year, the Year of the Dog, arrives Feb. 10.
Even if residents comply with the ban, the new year may not be a completely
silent one in the Chinese capital. A Beijing publishing house already has on
the market an audio tape that includes selections such as "Firecracker
Overture," "Firecracker Symphony" and "Mandarin duck firecracker."

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5. NAFSA Comment on DOL H-1B Rule ...................................... 165
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Forwarded by: Bo Xiong, November 30, 1993
Source: NAFSA Update No. 238

On October 6, the Department of Labor (DOL) published a proposed rule on the
labor condition application process for H-1B nonimmigrants (see NAFSA Update
No. 233).  Comments on the rule are being accepted until December 6 and
should be sent to: John R. Fraser, Acting Assistant Secretary, 200
Constitution Avenue NW, Room S3510, Washington, DC 20210. To help you write
your own comment letters, a draft of NAFSA's letter follows.
you for your help!

NAFSA LETTER:

December 6, 1993

John R. Fraser
Acting Assistant Secretary
Employment Standards Administration
U.S. Department of Labor
200 Constitution Avenue NW
Room S3510
Washington, DC  20210

Dear Mr. Fraser:

On behalf of NAFSA: Association of International Educators, I write to
comment on the proposed rule which would modify the labor condition
application process for employers using the H-1B nonimmigrant visa. As you
know, NAFSA is a professional association representing over 7,000
individuals and over 1,800 colleges and universities involved in inter-
national educational exchange.  Our members have extensive experience with
the operation of the labor condition application process and are in good
position to comment on the practical application of the Department's
proposals.

While NAFSA understands the Labor Department's desire to address employment
situations which may be detrimental to U.S. workers, particularly the "body
shops" which have recently received attention from the media, the proposed
regulation will impact all H-1B employers.  U.S. colleges and universities,
one of the largest group of H-1B employers, utilize this status almost
exclusively to obtain the services of temporary professors and research
scholars.

The preamble to the proposed regulations describes abuses but offers no
statistics or hard facts to substantiate the allegations.  To the best of
our knowledge, there have been relatively few abuses in the program, most of
which are concentrated in two occupational areas.  We urge the Department to
proceed cautiously and avoid measures that will prove costly to the vast
majority of H-1B employers who are legitimate users and who attempt, in good
faith, to comply with both the letter and the spirit of the regulations.  We
appreciate your willingness to discuss alternatives and offer the following
comments on the proposed rule.

1. Updating the prevailing wage every 18 months. The proposed regulations
would require employers to update prevailing wages every 18 months to
correspond with the proposal to limit LCA validity to three years. This
proposal is extremely problematic as it does not correspond to any normal
hiring cycles, would negatively impact campus budget making and fiscal
management procedures, and would disrupt contract and grant salary plans
(some of which are mandated by other federal agencies).

In addition, we are concerned that increasing the workload at the DOL
regional offices will affect their ability to respond to prevailing wage
requests in a timely manner and comply with the seven-day turnaround for
LCAs mandated by statute. Such a change has the potential to double the
regional LCA workload. NAFSA believes that DOL should be focusing more
resources on prevailing wage determinations rather than on updating the wage
determinations.

Further, under the Immigration and Nationality Act (Sec. 212 (n)(1)(A)), the
required wage the employer offers and is required to offer during the period
of authorized employment is "determined as of the time of filing the
application." As it is unlikely that prevailing wages will change
significantly in three years, NAFSA recommends that DOL comply with the
language of the INA and require that the prevailing wage, the LCA, and the
petition all carry the same validity period -- a maximum of three years or
the specified employment period if less than three years. The prevailing
wage would thus be updated at the same time the LCA is resubmitted and the
employment authorization extended.

2. Identification of Prevailing Wage Rate and Source. The Labor Department
proposes to require employers to identify on the LCA the source used to
obtain wage information. In addition, the preamble states that an LCA which
indicates a source not consistent with regulatory requirements would be
rejected. NAFSA is concerned that this proposal will delay LCA processing
and subject employers who do not use SESA wage surveys to unnecessary delays
and possible investigation.

Congress intended the LCA process to be complaint driven and instructed DOL
to review LCAs only to insure they have been completed properly. Congress
also mandated a 7-day turnaround time. If employers are required to cite the
wage source and if an employer chooses not to use a SESA survey, then each
DOL region will have the discretion to determine which sources are
legitimate and which are not. This would lead to gross inconsistencies
across the country.

NAFSA recommends that DOL modify the proposal to require employers to state
which broad category of source has been used to obtain the prevailing wage.
For example, the employer would check off or state that either (1) SESA, (2)
an independent authoritative source, or (3) another legitimate source was
used to determine the prevailing wage. This alternative would demonstrate
the employer's compliance with the regulatory requirement to use one of
three categories to obtain wage information.

3. Limiting LCA to single occupation and geographic region. The proposed
rule would limit an individual LCA to a single occupation and to geographic
areas only within the jurisdiction of a single ETA regional office. NAFSA
sees no problem with limiting the LCA to a single occupation. Regarding H-1B
employees who change locations, DOL should recognize that the process
creates a substantial burden for the employer (who must obtain a new
prevailing wage for the new LCA) while at the same time providing little
additional protection for the U.S. worker.

4. Notification to H-1B Nonimmigrant. The proposed rule would require
employers to provide a copy of the LCA to the H-1B nonimmigrant. NAFSA
supports this proposal.

5. Eliminating the complaint driven process mandated by Congress and
definition of "aggrieved" party. According to the proposed rule, the Labor
Department would be permitted to initiate its own investigation in the
absence of a complaint. While one could argue that the Labor Department
should be able to investigate employers using the H-1B program, this was not
Congress' intent when the statute was drafted. According to the statute,
"The Secretary of Labor shall review such an application [LCA] only for
completeness and obvious inaccuracies...The Secretary shall establish a
process for the receipt, investigation, and disposition of complaints." If
DOL wants to obtain the authority to conduct investigations where no
complaint has been filed, then Congress will need to revise the statute.
Any changes to the legislation should state that investigations would occur
only in cases of real abuse, restrict the Department's authority to conduct
random audits or spot checks, and include clear guidelines.

Before pursuing this agenda, DOL should consider whether it has the
resources necessary to create a mechanism to initiate investigations. This
process will cost the Department more than it currently allocates for a
complaint driven process. Does DOL want to devote substantial resources to
investigate the relatively few H-1Bs present in the U.S. labor market?

Further, the proposed rule would permit government agencies to act as
aggrieved parties for purposes of filing a complaint. This proposed
definition has great potential to contravene the intent of Congress (that
the process be complaint driven). DOL should remember that in the event a
complaint is filed by a government agency, there should be evidence on
noncompliance serious enough to warrant further investigation. This
provision should not be used by the State Department or the Immigration
Service to delay processing unless there is reasonable cause to believe that
the employer has acted in bad faith.

6. Notification to DOL of strike, lockout or work stoppage. The proposed
rule would require employers to notify DOL within three days of the start of
a strike, lockout or work stoppage at any worksite specified on a certified
LCA. NAFSA understands the Department's concern in this area but recommends
that the requirement only apply when the strike, lockout or stoppage occurs
in the H-1B alien's occupational classification. In all other scenarios, the
presence of a strike, lockout or work stoppage has no relevance to the H-1B
alien.

Thank you for your consideration of these issues. If you have any questions
or need further information, please do not hesitate to contact me.

Sincerely,

Naomi F. Collins, Ph.D.
Executive Director

+--------------------------------------------------------------------------+
|                Editor of This Issue: Gu Chi  (St. Louis)                 |
|                 Coordinating Editor: Bo Xiong (Chicago)                  |
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