From: cnd-us@cnd.org (CND-US Editors) +-+-+-+-+-+-+-+-+-+ C h i n a N e w s D i g e s t +-+-+-+-+-+-+-+-+-+ US Regional November 14, 1995 +--------------------------------------------------------------------------+ | CND-US, normally 1 or 2 issues a week, is a supplement to CND-Global and | | has basically no overlap with the CND-G news. CND-US provides in-depth | | information concerning Chinese students/scholars in the United States. | +-------------------------------ISSN 1024-9141-----------------------------+ Table of Contents # of Lines ============================================================================ 1. News Brief (1 Item) .................................................. 10 2. Information Sharing on the Simpson Bill Activities: Toll Free Number of the Congress; One E-Mail Address to All Senators; Act Now to Stop the Simpson Bill .................................. 154 3. Statistics on International Students for Academic Year 1994-1995 ..... 25 4. Immigration Visa Numbers for December 1995 ........................... 60 5. Information Exchange: Summary of OPT for 1-Year Exchange Student; Is There Anyway to Expedite the J-1 Waiver Procedure? ............... 127 6. Job Opening: Post-doctor in Biomedical Engineering ................... 20 ============================================================================ CND is a free network news service run by volunteers. To subscribe to/unsub. various CND Services and/or for more information,see trailer of the package. CND-US is published by China News Digest International, Inc. All rights are reserved. Redistribution is hereby permitted provided that it is not for profit and with proper acknowledgement to CND. ---------------------------------------------------------------------------- 1. News Brief (1 Item) .................................................. 10 ---------------------------------------------------------------------------- The trail of Idaho state vs. Wenkai Li, who murdered Ning Li and Xia Ge on May 29, has been set by a plea bargain, which will probably save a lot of the tax payers' money. Wenkai Li pleaded guilty for a count of first degree murder of Xia Ge and a count of second degree of murder of Ning Li. The sentence trail will be in Jan. 1996. Judge John H. Bengtson will decide the punishment based on the facts of the murder, the opinions from the victim families and the public, but there is almost no chance to give the murder a death penalty due to the bargain. Most Chinese students in the University of Idaho and the victim families are not satisfied with the lesser charges: one first degree and one second degree. (From: Qingsheng Zheng ) ---------------------------------------------------------------------------- 2. Information Sharing on the Simpson Bill Activities: Toll Free Number of the Congress; One E-Mail Address to All Senators; Act Now to Stop the Simpson Bill .................................. 154 ---------------------------------------------------------------------------- (1) Toll Free Number of the US Congress _From: QUAN WANG 11/13/95 Dear Editor, I think you may be interested in posting this number to everyone. You can call congress toll-free, at (800)972-3524. It may take a few seconds to be connected. But the operator will switch you to the senator or congressman's office by your request. _ _ _ _ _ _ _ _ _ (2) One email goes to all the Senators _From: Xiaotong Mu 11/14/95 You can send an email to all the six Senators serving on the Immigration Subcommittee at once. The mail alias is: stop_s1394@umich.edu All you need to do is to write an email to the above address. I strongly recommend you personalize your opinion. Tell them who you are and how this will negatively affect you and your community. Please let all your friends and would-be-affected groups know of this convenience. -- Xiaotong & others THE STOP S1394 WORK FORCE FOR UM CHINESE STUDENTS _ _ _ _ _ _ _ _ _ (3) Act Now to Stop the Simpson Bill (S1394) _From: CSSA-UCLA committee 14 Nov 1995 Forwarded by: Bo Xiong, Abridged by CND A FINAL Immigration Subcommittee vote on S1394 is set for November 16th, ONLY TWO DAYS FROM NOW. As of 11am PST 11/14, more than 880 people across the nation have sent to immigration@sunlab.ph.ucla.edu, urging the senators on Senate Subcommittee on Immigration to vote NO to S1394. And emails are still getting to senators' email boxes. Please do so if you have not. And forward our files to your friends and your mailing lists. It is a BAD BILL, and BAD NEWS, for everyone. Suppose you have F-1 visa, if someone tells you the following: * You need 2 years experience outside of the U.S. before you can apply for H-1B ( called H-1 by most people ) visa. * Your employer has to pay up to 5% of your annual salary and benefit, in order to hire you as an H-1B worker; * To get Labor Certificate, you must have THREE years of experience in the profess ion outside the U.S. after obtaining advanced degree or equivalent, or FIVE year s outside the U.S. if you have a baccalaureate degree. * You employer has to pay 25% of your annual salary and benefit as a newly-imposed fee for your Labor Certificate. What do you think? And the worst is, Alan Simpson, Chair of the Senate Immigration Subcommittee, wants to * "fast track" his bill: while he introduced the bill on Nov. 3, he wants to get it voted on Nov 16. * and eventually get it implemented by Oct 1, 1996. Now, what do you think? ACT NOW. HERE IS WHAT YOU CAN DO. - Email to each of the senators involved - Email to immigration@sunlab.ph.ucla.edu - Fax or phone each of the senators involved - Spread the words, and make your friend to act also * ACTION I: EMAIL the members of Senate Immigration Subcommittee Alan Simpson, Chair R-WY senator@simpson.senate.gov Charles Grassley, R-IA chuck_grassley@grassley.senate.gov Jon Kyl, R-AZ info@kyl.senate.gov Arlen Specter, R-PA senator_specter@specter.senate.gov Edward Kennedy, D-MA senator@kennedy.senate.gov Paul Simon, D-IL senator@simon.senate.gov Dianne Fenstein, D-CA senator@feinstein.senate.gov To make it convenient, we also created an mail aliase for you SO YOU CAN SEND LETTER TO ALL THE ABOVE 7 EMAIL ADDRESSES AT ONCE. All you need to do is send your letter to IMMIGRATION@SUNLAB.PH.UCLA.EDU. If you're using our web page, you can use "include message" feature so you don't have to type too much. * ACTION II: Call or FAX the members of Senate Immigration Subcommittee Phone Fax Alan Simpson, Chair R-WY 202 224-3424 224-1315 Charles Grassley, R-IA 202 224-3744 224-6020 Jon Kyl, R-AZ 202 224-4521 224-2207 Arlen Specter, R-PA 202 224-4254 228-1229 Edward Kennedy, D-MA 202 224-4543 224-2417 Paul Simon, D-IL 202 224-2152 224-0868 Dianne Fenstein, D-CA 202 224-3841 228-3954 * Equally important, tell your friends to do so also. Here is a simple sample letter: ------------------------------- November , 1995 Senator__________________________ The U.S. Congress, Capitol Hill Washington D.C. Honorable Senator ___________________________: I strongly oppose Simpson's bill S 1394, and firmly believe it is an anti-immigration bill, which is substantially against immigrants, against business, and against the national interests of the United States. I hereby appeal to you : please vote NO on S1394 ! Sincerely, (Signed) Resident of US Mailing Address: More detailed information ------------------------- - Find the on line text of S1394: * ftp://ftp.loc.gov/pub/thomas/c104/s1394.is.FTP * Or to find status information, go to http://thomas.loc.gov/, select "104th Congress Bills", or "Bill Summary and Status for the 104th Congress", then do a search on S1394. - Please watch activities in the Senate (http://www.senate.gov/), and the House ( http://www.house.gov/ ). - For a summary by NAFSA, Association of International Educators. http://www.stolaf.edu/people/cdr/nafsa/ ---------------------------------------------------------------------------- 3. Statistics on International Students for Academic Year 1994-1995 ..... 25 ---------------------------------------------------------------------------- Source: World Journal, 11/09/95 Summarized and Translated by: Bo Xiong World Journal said that according to a report by the New York based International Education Association, in the academic year 1994 - 1995, the numbers of students from mainland China, Hong Kong and Taiwan decreased. The number of students from Japan became the largest among foreign students for above period (for the previous five years, the number of students from mainland China had been the largest among international students). The report gave the statistics on foreign students in the academic year 1994 - 1995 as follows: Number of enrolled foreign students in the US colleges is 452,635, 0.6% increase from previous year (the lowest increase rate in past ten years). Among them: 1) 45,276 from Japan (the largest foreign student group) 2) 39,403 from mainland China, 11.2% decrease from previous year 3) 36,407 from Taiwan, 3.1% decrease from previous year 4) 12,935 from Hong Kong, 5.9% decrease from previous year The report also said that the increase of foreign student numbers has been slowed down in the past five years. ---------------------------------------------------------------------------- 4. Immigration Visa Numbers for December 1995 ........................... 60 ---------------------------------------------------------------------------- Source: World Journal, November 10, 1995 Compiled and Translated by Bo Xiong for CND-US The U.S. State Department's Visa Bulletin (Telephone: 202-663-1541) for December 1995: (Note: the dates in the parentheses are those for the previous month) I. Employment-Based 1st (Workers with Current for most countries including Mainland extraordinary skills) China (Current) 2nd (Advanced degree holders and special Current for most countries including Mainland skilled workers): China (Current) 3rd (Skilled workers and Professionals): Current for most countries, including Mainland China (Current) 3rd (other workers): For most countries including Mainland China: March 1, 1991 (March 1, 1991) 4th (Special Immigrants): Current for most countries including Mainland China (Current) 4th (Religious Workers): Current for most countries including Mainland China (Current) 5th (Employment-creation): Current for most countries, for Mainland China: Current (Current) 5th (Targeted Employment Current for most countries, for Mainland Areas): China: Current (Current) II. Family-Based Preference Dates Are as Follows: 1st (Unmarried children Current for most countries including Mainland of U.S. citizens): China (Current) 2A (Exempt from per country limit): Worldwide date: Aug. 1, 1992 (July 22, 1992) 2A (Subject to per country limit): Worldwide date: Aug. 1, 1992 (July 22, 1992) (2A: Spouses and children of permanent residents) 2B (Adult children of For most countries including Mainland permanent residents): China: July 15, 1990 (June 8, 1990) 3rd (Married children For most countries including Mainland of U.S. citizens): China: April 15, 1993 (April 1, 1993) 4th (Sisters and brothers For most countries including Mainland of adult U.S. citizens): China: Sept. 15, 1985 (Sept. 1, 1985) ---------------------------------------------------------------------------- 5. Information Exchange: Summary of OPT for 1-Year Exchange Student; Is There Anyway to Expedite the J-1 Waiver Procedure? ............... 127 ---------------------------------------------------------------------------- (1) Summary of OPT for 1-Year Exchange Student _From: Nathaniel Smith, NAFSA Network, 11/13/95; Forwarded by: Bo Xiong Thanks to all who replied to the following query: "Can an exchange student who is here F-1 for 2 semesters, on exchange from Scotland, in a degree program there but not here, work as OPT after completing her academic year here? This should be covered, I think, by Adviser's Manual 4.9.3.2, par. 2, item 4), OPT "full-time after completion of the course of study." Her "course of study" here would, by this reasoning, be 2 semesters (she does get credit toward her degree in Scotland). If this is so, could her OPT be for 12 months or only the length of her studies here, 9 months?" Here are your answers, in positive and negative groups: POSITIVE (including up to the Adviser) 1) Yes, the regs say "course of study" which makes the situation your call. If the student has been in status, with full load, I would be inclined to sign the 538. However, I am sure that others in the Biz would not do so. 2) Adam Green and Susan E. Mack have just updated their article, "The F-1 Visa Regulations: As the Dust Settles," - to be available later this month and probably announced to Inter-L. Here's an excerpt: Twelve Months of OPT After a Nine-Month Program? "It is often asked whether an F-1 student who has completed a course of study in one academic year (e.g. one-year certificate program, one-year exchange program, etc.) should be eligible for a full twelve months of OPT. There is nothing in the F-1 regulations which would preclude a DSO from recommending the full twelve months of OPT, as long as the student meets other eligibility requirements. For example, the proposed employment must be directly related to the student's major area of study and commensurate with his or her educational level; in some cases, a one-year exchange student will not have a major area of study, and OPT might be inappropriate." 3) My understanding is that the student may request OPT but you must recommend for a period of 9 months. 4) We had the same situation last year with a student from Scotland here on the Business Initiative Exchange. She wanted just a summer job with a local manufacturing company and we had no trouble getting the EAD by completing the forms for OPT. This was under the old walk-in system, so I don't know if it will be as easy now. 5) Students are entitled to 12 months of OPT in their academic careers. The OPT can be used in small amounts during vacations or between degree programs, etc., or the whole 12 months at once, so your student would be entitled to the same, provided the 9 months in student status has been fulfilled 6) Hey, it's up to you, I suppose. 7) Our F-1 exchange students have successfully applied for OPT at the conclusion of their exchange. (Usually their exchanges are for two semesters.) I tell the students who are here for only one semester that they are not eligible since they have not been an F-1 student for the required 9 months. Otherwise, the 2 semester exchangees do seem to meet all the criteria, i.e. they have completed their program of study here, been in status for 9 months, etc. 8) I've done summer OPT for such students, as that is what they would be eligible for if they were degree seekers. It seems to give them a privilege too far beyond their degree-seeking counter-parts to do it otherwise. 8CFR 214.2(f) (c)(3)(i) doesn't spell it out, so use your best judgement. NEGATIVE 1) Our INS (Miami, Florida) has said that exchange students are not eligible for Opt Prac Train because 1) they have not completed a U.S. program of study, and 2) they are not returning to their studies after the prac training. ... This has been a big issue with our exchange students. 2) My understanding is that completion of study implies receipt of degree. If that is not spelled out in letter it is implied in intent. I think there will be certain NAFSA members who will try to argue otherwise. But US Immigration, Al D'Amato, Jesse Helms and the Justice Dept will heartily disagree. CONCLUSION One "positive" noted that at his university "Exchange students attend with J-1 Exchange Visitor visas and would not be eligible for F-1 visas." But no one said F-1 is a wrong option for one-year exchange students (for TAs may be a different question; I need to summarize that one too...). So, the preponderance is positive (including those that said it was up to me), and I will go ahead and put through the OPT application in the spring, for 12 months if that's what she wants If it is turned down by ESC and/or Phila INS, I'll let you know! _ _ _ _ _ _ _ _ _ (2) Is There Anyway to Expedite the J-1 Waiver Procedure? _From: chwang@mail.utexas.edu (Chunlin Wang) 11/9/95 dear Editor: You have been doing a lot of very good things for the community. As a enthusiastic reader of the journal, I certainly appreciate very much. One thing really bothers me. I came to USA on J-1 last April from FRGermany. Due to the regulation, I have to work as a post-doc here. I managed to have all the documents done necessary for getting the waiver of J-1's 2 years' home country physical presence requirments. However, it turns out that it takes 3-6 months for our embassy to proceed them. Because of the worsening situation for people like me to finally get a job (e.g., Simpson's bill), it is now very critical to have the waiver done as soon as possible. My question is: is there anyway to expedite the procedure? I believe this is also of the "vital" interest to quite a number of people (I was told by the education division of Chinese Embassy in DC that they have about 500-600 petitions for J-1 waivers right now). Can we do sth? best regards Chunlin Wang --------------------------------------------------------------------------- 6. Job Opening: Post-doctor in Biomedical Engineering .................. 20 --------------------------------------------------------------------------- _From: jhang@world.std.com (Jim Hang) 11/14/95 Lahey Hitchcock Clinic is one of the nation's largest multi-specialities medical centers, with more than 900 physicians serving the people of New England for 70 years. In 1993, the U. S. New survey ranked Laheyclinic in the top 50 best hospitals in the U. S.. Almost half of the patients that visit Lahey are cancer patients, The laser & Surgical Research Laboratory is a multi-displines research facility for Lahey physicians to conduct research in areas such as novel optical imaging for early cancer detection, new optical diagnosis and therapeutic methods for eye diseases and cardilogy diseases. We are looking for either a post-doctor or research engineer to join our dynamicresearch team. Ideal candiates must have an advanced degree in physics, optical or biologywith at least two years hands-on experience in a research laboratory or medical setting. The position is available immediately. Interested candidates should send resume to: Jim Hang, Ph. D. Director of Laser & Surgical Research Laboratory, Lahey Clinic 41 Mall Raod, Burlington, MA 01805 or e-mail to jhang@world.std.com +--------------------------------------------------------------------------+ | Executive Editor of This Issue: Yungui Ding (Chicago, IL) | | Coordinating Editor of This Issue: Bo Xiong (Chicago, IL) | | CND Mailing Lists Maintainers: Kerry HU (Seattle, WA) | | Haosheng Zhou (Canada) | | CND Reader Technical Consultant: XU Ming Yang (Australia) | | CND Manager: Bing Wen (Canada) | +--------------------------------------------------------------------------+ | China News Digest (CND) offers the following services: | | (1) Global News (Every Other Day) (2) US Regional News | | (3) Canada Regional News (4) Europe & Pacific Regional News | | (5) HXWZ (Weekly Chinese Magazine) (6) InfoBase | | CND back issues, database and related information are available via: | | ftp://cnd.org [132.249.229.100]; gopher://cnd.org; http://www.cnd.org | | For Readers in Canada: ftp://canada.cnd.org [142.132.1.50] | | To subscribe or get information, mail request to: CND-INFO@CND.ORG | | To contribute news, please send it to: CND-EDITOR@CND.ORG | +--------------------------------------------------------------------------+