Subject: CND-US, March 31, 1993

From: [email-masked]
Date: Wed, 31 Mar 1993 17:33:36 EST

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

                                (US Regional)

                          Wednesday, March 31, 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 (3 Items) ................................................ 32
2. IFCSS Officer Met with Congressional Staff on
   Implementation of Chinese Student Protection Act of 1992 ............. 52
3. IFCSS States Position on Eligibility of CCP Members and Others
   Under Chinese Student Protection Act of 1992 ......................... 29
4. Seminars on Biotech Startup and Biotech in Asia ...................... 18
5. Summary of J Regulations (Part II) .................................. 190
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1. News Briefs (3 Items) ................................................ 32
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On March 25, ten East China Normal University (ECNU) alumni from ten states
of the United States, jointly initiated to establish "ECNU Alumni Associa-
tion in America (ECNU AAA)". This Association will be a non-political,
voluntary entity, established to promote friendship and professional deve-
lopment. Any ECNU graduate in America may join in and share his/her friend-
ship and expertise.  Upon establishment of the "ECNU AAA" in May, each mem-
ber will be provided with a membership roster at no cost, and other related
information. Interested alumni may send their Name, Title, Position, Home
and/or office address and telephone, E-mail if available, to Mr. Chen Rushan
at [email-masked] or [email-masked], or at Department
of Psychology, 2007 Percival Stern Hall, Tulane University, New Orleans,
LA 70118. (From: [email-masked])
                                ___  ___  ___

An executive of Canadian Trust and Investment Corporation (CTIC) visited
Asia in mid 1992 to investigate business oppurtunities within China. He
attended the Advanced Conference on Stocks and Securities in Beijing, and
established business links to various provincial Stocks and Securities
institutions, which enabled CTIC to purchase "origional" class A shares in
Hainan Shun Feng Co. Ltd. in November of last year. Due to the success of
this and other ventures in China, CTIC has set up a program to help Chinese
students abroard purchase "origional" class A shares via Chinese Stocks and
Securities Corporations. For further information email to [email-masked],
or  [email-masked]. (Forwarded by: [email-masked])
                               ___  ___  ___

[PR Newswire, 3/30/1993] Hughs-Avicom International has received an $8.5
million order from China Airlines (CAL) for leading-edge, fully interactive
in-seat entertainment and communication systems for the first class and
business class sections of the airline's long-haul fleet. With the order,
China Airlines becomes the first airline in Asia to use fully interactive
cabin management systems. (Forwarded by: Wenfeng)

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2. IFCSS Officer Met with Congressional Staff on
   Implementation of Chinese Student Protection Act of 1992 ............. 52
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>From: IFCSS HQ <[email-masked]>
Source: IFCSS News Release No. 4113, 3/30/1993

On March 26, Heping Shi, director of IFCSS Government Affairs Committee,
went to the U.S. Senate to meet with Mr. John Kelly from Senator Gorton's
office and Mr. Mike Meyers from Senator Kennedy's office. The purpose of the
visit is to seek continued congressional support in regard to implementation
of S1216.

After expressing appreciation to the two legislative officers' assistance in
pushing the bill through the Congress, Heping Shi made the following points:

     1. Since there are only about 40,000 visa numbers available this year,
obviously some beneficiaries of S1216 will have to wait till 1994 or even a
later time to actually adjust their status. Meanwhile, the Executive Order
will expire. Therefore, it is important that these people be granted legal
status, permitted to work and travel outside the U.S.

     2. Likewise, nonqualifying dependents (family members who themselves are
not under the protection of the Executive Order) currently in the U.S. should
be allowed to extend their stay till visa numbers become available.
(According to the current plan of INS, some of these dependents would have to
go back to China at some point and wait there.)

     3. Nonqualifying dependents currently in China should be allowed to come
to the U.S. immediately.

     4. Those who stayed in China over 90 days due to factors beyond their
own control should be given favorable consideration if hard evidence is
supplied.

     5. INS should consider the possibility of preapproval, namely, to go
ahead with approval procedures before visa numbers become available.

     6. INS should come up with implementation regulations as soon as
possible so as to allow IFCSS time to provide feedback.

     7. Since the 40,000 visa numbers must be used up before Oct.1, it is
necessary for INS to take applications before July 1, otherwise some numbers
might be wasted due to insufficient processing time.

     8. To facilitate processing applications, INS should try its best to
simplify the procedures. INS can also consider the possibility of conducting
training sessions for IFCSS personnel, who will in turn provide guidance to
students across the country.

Mr. Meyers and Mr. Kelly believed that most of the above points were
achievable. They agreed that it was important and to the benefit of INS to
involve IFCSS in the implementation process. However, they did express some
reservation about the 90-day limitation and nonqualifying dependents
currently in China. Still, they promised to work for it.

Both sides agreed that they should touch base regularly about new develop-
ment.

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3. IFCSS States Position on Eligibility of CCP Members and Others
   Under Chinese Student Protection Act of 1992 ......................... 29
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>From: IFCSS HQ <[email-masked]>
Source: IFCSS News Release No. 4114, 3/31/1993. Abridged by CND.

IFCSS has received inquiries about eligibility of CCP members under S1216.
The official stand of IFCSS on this issue is that CCP membership is not a
major concern in qualifying for the protection.  Hundreds of Chinese
students and scholars in the U.S. openly and courageously renounced their
CCP membership in the wake of June 4th Massacre; these people deserve the
protection better than most of us. As for many others who have not renounced
their membership but have long ceased to participate in organizational
activities of the CCP, their previous association with the Party should not
disqualify them for the protection.

However, for those CCP members who have been actively engaged in
organizational activities and remain diehard supporters of the CCP's
repressive policies, the exclusion has never been, and will not be waived.
(See Congressional Record, Senate Doc. 8503, 101st Congress. 1st Sess.
[1989]).

IFCSS believes that it would run counter to the spirit of the Act to grant
permanent residence to those who have consistently supported the June 4th
Massacre, whitewashed the human rights situation in China, viciously
attacked IFCSS, provided "black-list information" for the Chinese
government, and openly intimidated Chinese students and scholars in an
attempt to weaken IFCSS grassroots organizations. These people do not
deserve the protection simply because they are already protected by the
Chinese government for their anti-democracy activities. To ensure that S1216
does not benefit these people, IFCSS will contact INS and other U.S.
government agencies and provide them with necessary information. If one
thinks that there is something the IFCSS should know, please contact the
IFCSS HQ by phone at (202)347-0017 or fax at (202)347-0018. The information
one provides will be strictly confidential.

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4. Seminars on Biotech Startup and Biotech in Asia ...................... 18
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>From: [email-masked]

SPEAKERS:   DR. FRANK KUNG, PRESIDENT AND CEO, GENELABS, INC
               The Excitement and challenges of starting a biotechnology
               company in the US and in Asia
            DR. KENNETH FONG, PRESIDENT, CLONTECH LABS, INC
               Starting a biotechnology company in the US- Prons and Cons
            DR. LI ZHU,  RESEARCH SCIENTIST, CLONTECH LABS INC
               Experienceing a research life in a biotechnology company

TIME:   Saturday, Apr 10th, 1993, 2pm-5pm
SITE:   Stanford Medical School, Room M106
        Reception will be held after the seminars.

CONTACT PERSONS:        Lei  Jin,  415-225-3568
                        Cheng Liu, 510-527-2282
                        Han Yin, 415-856-6401

Coorganized by Northern California Biotechnologist Association, Alumni
Asociation of Peking University at Northern California and Association
of Chinese Students and Scholars at Stanford.

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5. Summary of J Regulations (Part II) .................................. 190
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>From: Amy Yenkin, NAFSA Central Office. Forwarded by Bo Xiong
Source: NAFSA Update No. 199. 3/23/1993

SPECIFIC PROGRAM PROVISIONS

*Professors and Research Scholars
USIA has retained the distinction between professors and researchers, al-
though they state that at the discretion of the responsible officer, pro-
fessors may engage in research and researchers may engage in teaching and
lecturing.  These activities are not considered a change of category
necessitating a formal approval.  IAP-66s issued to the exchange visitor
should reflect the current category of the exchange visitor, either pro-
fessor or researcher.

Professors and researchers are permitted to participate in occasional
lectures and short-term consultations without compensation for services.
If the occasional lectures and short-term consultations involve compensation
such as reimbursement for travel, lodging, and other expenses associated
with participating in a conference, seminar, or meeting, they must be
directly related to the program objectives, be incidental to the exchange
visitor's primary program activities, and not delay the completion date of
the visitor's program.

Professors and researchers are permitted to stay in the United States for
the length of time necessary to complete the program, not to exceed three
years.  Responsible officers are permitted to approve an extension of up to
six months beyond the three years. USIA may approve longer extensions, up
to 36 months, "for good cause," rather than "exceptional circumstances" as
the proposed rule stated.  USIA has indicated that a renewal of a grant is
one example of "good cause."  Finally, USIA has included language stating
that a professor or researcher who has applied for an extension will be
considered in status during the pendency of the application.

*Short Term Scholars
USIA has created a new category for scholars to come to the United States
for periods of less than four months.  The three-week minimum stay require-
ment is waived for this category as are requirements for orientation and
cross cultural activities. Extension beyond the four months will not be
permitted.

*Trainees
The regulations divide occupations into three categories: specialty, non-
specialty, and unskilled.  The regulations allow the Agency to designate
training programs in both specialty and non-specialty occupations without
restriction, although the regulations allow USIA discretion to close speci-
fic occupations in the future. Training programs will not be designated for
unskilled occupations, for which USIA has drafted a list.

Training sponsors must apply for designation to conduct specialty or non-
specialty training in any of eleven categories listed in the regulations.
For each occupational category for which the sponsor applies, a training
plan will be required.  Sponsors will not need to submit a training plan
for each trainee.

Sponsors are required to develop an on-going evaluation of training pro-
grams.  Evaluations must include mid-point and concluding evaluation
reports from the exchange visitor and his or her immediate supervisor,
signed by both parties.

Sponsors are permitted to use third parties to carry out the actual
training set forth in the plan.  However, if the sponsor elects to use a
third party, the sponsor is still accountable for ensuring that the third
party complies with the regulations.  A third party's violation of the
regulations will be imputed to the sponsor.

*Flight Training
Flight training programs are required to be accredited by a recognized
accrediting authority.  USIA will consider only applications from those
programs which have already been accredited or which have formally commenced
the accreditation process.  USIA has also expanded the duration of stay for
flight training from 18 to 24 months.

*College and University Students
Eligibility. USIA has modified this section so that any "substantial"
funding will make a student eligible for a J-1 visa.  Language stating that
funding must be for the "purpose of promoting international educational
exchanges" has been eliminated (thereby eliminating the 212(e) implication).
Language has also been added to include agreements between state and local
governments.

Reason for Dropping Below a Full Course of Study. The rule states that an
exchange visitor is permitted to drop below the full course of study in the
following cases: 1) during vacation (a student attending on a quarter or
trimester calendar will be permitted to take the annual vacation during any
one of the quarters or trimesters instead of during the summer); 2) if the
student is compelled to reduce or interrupt a full course of study due to an
illness or medical condition; 3) if the student is having academic diffi-
culties; 4) if the student is engaged in a prescribed course of study in a
non-degree program of up to 24 months in duration; 5) if the student is
participating in authorized "academic training"; or 6) if the student needs
less than a full course of study to complete all degree requirement in the
final term.

Academic training.  Practical training has been replaced in the with a more
liberalized program called "academic training."  The rule states that
students are able to participate in academic training without compensation
at any time during their studies, with the approval of the academic dean or
advisor.

Compensated academic training up to 18 months can be undertaken during or
after the exchange visitor's academic studies with written approval from the
responsible officer.  Compensated academic training must be related to the
student's field of study, and the student must be in good academic standing.
Training that is a mandatory part of an academic program (e.g. co-op
programs) will not count against the 18 months available.

Non degree students are also eligible for academic training.

At the strong urging of NAFSA, USIA has included a provision for post-
doctoral students to participate in academic training of up to 36 months.
For these cases, a new IAP-66 must be issued for the second 18 months.

Finally, evaluations have been reduced to a general requirement that
evaluations be done by the sponsor.  The sponsor has the liberty to design
the evaluation.

Employment.  J-1 students are permitted to work on-campus under any
circumstances, like F-1 students.  Off-campus employment is permitted in
cases of unforeseen economic need.  In order to undertake employment,
students must be in good academic standing and must maintain a full academic
course load.  E mployment for no more than 20 hours per week must be
approved  y the responsible officer and is valid for up to twelve months
Students can work full-time during breaks and vacations. Duration of Stay.
Degree students are authorized to stay in the United States for the dura-
tion of their programs so long as they make progress toward their degree on
a full time basis.  Non-degree students are authorized for up to 24 months
so long  they are in a prescribed course of study, as defined by the
regulations.

STATUS OF EXCHANGE VISITORS

*Termination of Exchange Visitor
Sponsors are required to terminate an exchange visitor's participation if
the exchange visitor 1) fails to pursu  the activities for which he or she
was admitted to the UnitedStates; 2) is unable to continue, unless otherwise
exempted pursuant to the regulations; 3) violates the Exchange Visitor
Program regulations and/or the sponsor's rules governing the program, if
in the sponsor's opinion, termination is warranted; or 4) willfully fails to
maintain the insurance coverage required.

USIA will terminate an exchange visitor's participation if the participant
engages in unauthorized employment.

*Change of Category
The Agency may permit an exchange visitor to change his or category of par-
ticipation.  A change of category must be consistent with and related to the
participant's original exchange objective and necessary due to unusual or
exceptional circumstances.  Requests for a change for category must be
submitted to USIA.

USIA has added that requests for change of category from research scholar to
student will be evaluated recognizing the fact that, in some cases, research
skills can be substantially enhanced by doctoral study.  In addition, an
exchange visitor who applies for a change of category will be considered to
be maintaining lawful status during the pendency of the application.

*Transfer of Program
The regulations modify the procedure for requesting transfers by permitting
sponsors to approve transfers from one designated program to another.  To
effect the transfer, the responsible officer of the program to which the
exchange visitor transfers must 1) verify the exchange visitor's visa
status; 2) execute the Form IAP-66; and 3) secure the written release of
the current sponsor.

The RO of the program to which the exchange visitor transfers must issue to
the exchange visitor an executed IAP-66 form reflecting the transfer and
provide USIA with a copy as notification.

(For interim instructions, see note below.)

*Extension of Program
A sponsor is permitted to extend a participant's program by executing a new
IAP-66 form reflecting the new program termination date and sending a copy
to USIA.  This proposal eliminates INS adjudication on the I-539 with fee
(for interim instructions, see note below).  Sponsors will be able to use
this notification procedure so long as the extension does not exceed the
participant's categorical limitation.

*Sanctions and Terminations
Little if anything has been changed from the proposed rule. According to the
regulations, sanctions can be imposed if 1) a sponsor willfully or negli-
gently violated program regulations; 2) USIA evidenced a pattern of willful
or negligent failure to comply with the regulations; 3) a sponsor endangered
the health, safety, or welfare of an exchange visitor; or 4) a sponsor acted
so as to bring the Agency or the exchange visitor program into notoriety or
disrepute.

Lesser sanctions include a written reprimand, placing the sponsor on
probation, imposing a corrective action plan, or limiting or reducing the
number of exchange visitors.  Suspensions, revocations, and reductions of
programs in excess of 10% can be appealed to the new Exchange Visitor
Program Designation, Suspension and Revocation Board.

(To be continued)

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