Subject: CND-US, Friday, Oct. 25, 1991

From: [email-masked]
Date: Fri, 25 Oct 1991 16:37:11 -0500

+-+-+-+-+  C h i n a	N e w s   D i g e s t,	US Section (CND-US) +-+-+-+-+

			     October 25, 1991

Table of Contents				                No. of Lines
1. News Brief.............................................................44
2. Professor Wen Yuan-Kai and His Ants .................................. 17
3. Update on IMMACT '91: Draft F-1 and H1-B Regulations..................112
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1. News Brief.............................................................44
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IFCSS HQ Appoints Coordinators - In order to improve the communication
between the HQ and the local Chinese student organizations, as well as to
carry out IFCSS policies and projects locally, IFCSS HQ is setting up a
nationwide state coordinator system.  18 state coordinators have been
appointed. They are: Alaska, Li Gang; Arkansas, Chen Bangzhen; California,
Zhang Hong; Illinois, Li Wanbing; Kentucky, Ren Songlin; Michigan, Wu Xiongang;
Missouri, Chen Longyin; Montana, Yan Shuxin; N. Dakota, Liu Gong; Ohio, Ao
Xiaoping; Oregon, Liang Qindong; Pennsylvania, Liu Yinshi; S. Dakota, Wang
Canyuan; Texas, Zhang Wei; Virginia, Shi Heping; Washington, Chen Honggang;
Wisconsin, Shen Weimin; Wyoming, Wang Daoxin.

The coordinators are IFCSS HQ's representatives in each of the 18 states.
IFCSS HQ appeals to member organizations to assist the coordinators' work.
(IFCSS HQ, <[email-masked]>)
__  __  __

IFCSS President to Hold Symposium with Chinese Students - Dr. Zhao, Haiqing,
President of Independent Federation of Chinese Student And Scholar in USA
(IFCSS), will hold a symposium with Chinese students on Saturday, Oct 26 at
Purdue University, Lafaytte, IN. The topics will include IFCSS and its
working plans, Lobby of immigration law for Chinese students in US Congress,
and IFCSS medical insurance program. (Puqi Tang,
<[email-masked]>)
 __ __ __

Harry Wu to Give Talk at Hoover Institute - Hongda "Harry" Wu, a visiting
scholar at the Hoover Institution who recently visited Chinese prison labor
camps that are used to produce products exported to the United States, will
speak on Monday, Oct. 28, at the Hoover Institution, Stanford, CA.  For
more information call Betty at Hoover Institute Public Affair 415-723-0603.
(Charles P. Mok, <[email-masked]>)
__ __ __

Debate on Economic Sanctions against China to be Held - The World Forum of
Silicon Valley will be sponsoring a debate on "China: Can Trade Links Change
a Nation's Politics?" on Wednesday, Nov 6, in San Jose, CA.  Professor
Randall Stross, author of "Bulls in the China Shop", will present his belief
that trade can promote political reform.  Linda Pfeifer, Legislative Liaison
for Support Democracy in China (SDC), will present SDC's stand that until
there are significant changes in China, there cannot be "business as usual."
(Mimi Lin <[email-masked]>)

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2. Professor Wen Yuan-Kai and His Ants .................................. 17
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>From: Xin Hua, <[email-masked]>
Source: Letter from Home, Oct. 21, 1991

Professor Wen, Yuan-Kai of USTC (Hefei, China) has been kept busy by a kind
of ants recently; yes, ants, the little insects called "ma yi" in Chinese!

Prof. Wen has just finalized the patent application (#911074872) and
production organization for his latest discovery, an extract from
Polyrharchis Vicinnis Roger, a kind of ants, which Prof. Wen claimed to have
significant effect of anti-aging process and numerous other health improve
effects. If the commercialization of the ants product is relatively new in
the health-care market, according to Prof. Wen, the stunning effect of the
little insects on the health of human being was discovered more than a
thousand year ago, and proved to be effective, practical and economic
through the long history of the Chinese medicine. Prof. Wen and his
associates want to make this anti-aging and health-improving liquid
medicine, named "Da Li Sheng Anti-Aging Extract of Ants", available in the
Chinese market soon. Meanwhile, they are going to take more biochemical
analysis of this extract in order to get FDA approval while seeking foreign
cooperation in the effort to open the US market.

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3. Update on IMMACT '91: Draft F-1 and H1-B Regulations..................112
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From: NAFSA Central Office, Oct 25, 1991
      contributed by Bo Xiong, <[email-masked]>

1.  INS Ready To Publish F-1 Regulations

The Immigration and Naturalization Service (INS) is getting ready to issue
their long awaited final regulations on the F-1 student program. NAFSA
obtained a draft copy of the INS F-1 regulations, which we summarize below.
Please remember that because we have only seen a draft, the content of the
final regulations will not be known until they are published in the Federal
Register.

Extension of Stay

The draft states that in-status students will be eligible for extension of
stay if the Disgnated School Official (DSO) certifies that the students has
legitimate academic or medical reasons for the delay. such as a change of
major or research topic, unexpected research problems, or a documented
illness.  The recommended notification procedure would require that a new
form I-20 AB showing a new completion date and certification by the DSO on
form I-538 be forwarded to the Service's data processing center in London,
Kentucky.

Practical Training After Graduation

In the draft, INS proposed to merge the two stages of post-completion
practical training into one 12-month period.  Further, DSOs would be
permitted to recommend a student for authorization to obtain an employment
authorization document (EAD) during a 120-day period (beginning 90 days
before the completion of studies and ending 30 days after the completion of
studies) before they could begin work.  Students would not be required to
have a job offer to apply for the EAD.

Authorization for post completion practical training will be granted for a
maximum of 12 months and will take effect only after completion of studies.

Consolidation of Economic Necessity, Pre-completion Practical Training, and
the Pilot Off-Campus Employment Program

The draft proposed to replace existing provision for pre-completion
practical training and economic necessity with the pilot off-campus
employment program. The Service will permit foreign students to be eligible
for the pilot program after one academic year rather that one calendar year,
as originally proposed.  Further information on the employer attestation
provision will be included in DOL's rulemaking.

Other Provisions

The nine-month in status requirement for curricular practical training is
expected to be removed for students enrolled in graduate study programs
requiring immediate participation in curricular practical training.

2. DOL Publishes Interim Final Rule on H-1B Regulations

The Department of Labor (DOL) regulations on the new labor attestation
requirement for H-1B workers were published in the Federal Register on
October 22 (pages 54720-54743). They are "interim final" with a 60 day
comment period and are retroactive to October 1, 1991.

The Immigration Act of 1990 established the labor attestation requirement
compelling employers to file a labor condition application with DOL stating
that:

1. they are providing H-B workers and other "similarly situated" employees
the prevailing wage or the actual wage whichever is higher;

2. they are providing working conditions that will not adversely affect the
working conditions of similarly employed U.S. workers;

3. there is no strike or lockout at the place of employment in the
occupational classification(s) for which H-1B workers are being hired; and

4. they have publicly notified the bargaining representative for employees
in the occupational classification or have posted a notice at the work site
stating their intent to employ H-1Bs.

After the labor condition application is reviewed and approved by DOL, a
copy is submitted by the employer to INS with each H-1B petition (form
1-129). Approved labor condition applications are valid for the period(s) of
employment specified on the form, up to the six year maximum period of stay
for H-1B workers.

DOL now requires that only where an employer has actually hired H-1B aliens
will that employer be subject to investigation and sanctions based on
compliance with the prevailing wage and working condition statements made in
the labor condition application. However, the employer may still be subject
to investigation and sanctions based on the "no strike or lockout" and
"notice" labor condition statements, even if no H- 1B aliens are employed.

DOL states that it intends to make a determination on whether to accept an
application immediately upon receipt, and in no case later than thirty days
of the time of receipt.  DOL will also accept a State Employment Security
Agency (SESA) prevailing wage determination as correct and will not question
its validity where the employer has maintained a copy of the SESA
determination. In addition, if in good faith, an employer relies on an
independent authoritative source survey , DOL will not investigate unless it
receives "significant evidence" showing a prevailing wage substantially
different from that attested to.

INS has indicated to NAFSA that, until new regulations are published,
employers should file petitions for new H-1Bs according to the following
procedures:

1) Use the old form I-129H accompanied by

A. a copy of an approved labor condition application (you may xerox the form
found at the end of the October 22 Federal Register announcement),

B. and other supporting documentation as necessary (including a statement
signed by a school official authorized to do so stating that the school will
be responsible for the H-1B alien's return ticket should the alien be
dismissed for any reason).

2) Send the petition to the regional service center where they will be held
until the INS regulations are issued.

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