Immigration Benefits for Peoples' Republic of China Nationals

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On April 11, 1990, president Bush issued an executive order directing the attorney general and the secretary of state to provide certain protection for nationals of the People's Republic of China and their dependents who entered the United States on or before the date of the order.

Chinese nationals and their non-Chinese dependents who were in the United States on or before April 11,1990, are granted the deferral of enforced departure until January 1, 1994.

Those Chinese nationals who are eligible for deferred departure are also granted employment authorization while they are under the protection of the United States government.

Eligible Chinese nationals and their dependents may obtain evidence of employment authorization from the local INS office by filing an application for employment authorization on form I-765. No fee is required.

Chinese nationals who entered on a J-1 nonimmigrant visa are granted a waiver of the two-year foreign residence requirements is irrevocable and will remain in force until January 1, 1994.

This waiver may be used with any nonfrivolous application for an Immigrant visa, or for adjustment to permanent resident status, or for a change to another nonimmigrant classification. However, this waiver is valid until January 1, 1994. If not used, the waiver will expire after that date.

Chinesse nationals who were in a lawful nonimmigrant status on or after June 5, 1989, are considered to have maintained their lawful nonimmigrant status for the purposes of applying for immigration benefits, even if they have fallen out of status at some point after April 11, 1990.