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Trump’s Executive Order on Hong Kong

On July 14, 2020, President Trump issued an Executive Order to “suspend or eliminate different and preferential treatment for Hong Kong.” The President determined that the Special Administrative Region of Hong Kong is no longer sufficiently autonomous to justify differential treatment in relation to the People’s Republic of China. It means that EB-5 investors who were born in Hong Kong are subject to the Mainland China retrogression line and need to wait for their EB-5 visas to be issued. The Executive Order goes into effect 15 days after issuance unless it is rescinded, amended, or Congress passes legislation to override this Executive Order.

 

However, the latest August Visa Bulletin had not indicated that Hong Kong-born investors are treated as part of the Mainland China-born yet. As such, it appears that Hong Kong-born investors who have received their I-526 approvals may apply for consular processing or adjustment of status in August.

 

Please also note that according to the website for the U.S. Consulate General Hong Kong and Macau, it has resumed limited immigrant and nonimmigrant visa services. We hope that investors from Hong Kong can schedule their interviews at the consulate before the Executive Order takes effect.