US Regional, No. US99-020
December 22, 1999
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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 CND-G 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. New Brief (1 Item) ................................................... 22
2. Support Group in San Francisco Gathered on Dr Lee's Birthday ......... 20
3. DOE Secretary Richardson Denies Racial Profiling ..................... 15
4. Four Organizations Write to the American People on Lee's Indictment .. 58
5. Immigration Visa Numbers for January 2000 ............................ 60
6. Information Exchange: Eligibility for Practical Training (3 Items) ... 85
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1. New Brief (1 Item) ................................................... 22
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(1) Call for Donation to Buy Rape of Nanjing Video Tapes
From: "j.w. lee" <l...@ornl.gov>
A powerful documentary film "The Rape of Nanking" has just come
out. It was shown for the first time on the History Channel (45) a few
weeks ago. This film was made largely from a live film that was secretly
recorded by a Hitler's spy in Nanking during the Massacre. It vividly
documented the atrocity that the Japanese Imperial Army committed in
Nanking.
We (ETCA) have recently been working with The Library of Congress for this
effort. Dr. Cooper Grham of The Library of Congress told us The Library
of Congress would be delighted to receive our donation of the video tapes
and books (The Rape of Nanking). We need to collect $800 donation to cover
the cost. If you would like to support the initiative, please contact
James Weifu Lee, Le...@ornl.gov
Xu Dong, x...@ornl.gov
Chen Jie, ch...@ornl.gov
East Tennessee Chinese Association
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2. Support Group in San Francisco Gathered on Dr Lee's Birthday ......... 20
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From: Eugene Wei <elw...@flash.net>; "Joe Tan (JT)" <jt...@huaren.org>
It turned out real well for a last-minute notice, on a week night, in
the midst of extremely heavy traffic on HWY 101 from either direction.
About 125 people showed up for Wen-Ho Lee's 60th birthday. The owner of
the Crowne Plaza Hotel, Mr. Solomon Tsai, donated his meeting room and
food and drinks. Sheng Gee Bakery donated two huge birthday cakes. It
was heartening to see so many people come, including candidate for U.S.
congress Mr. Mike Honda who gave a very good speech. Mike was the author
of AJR 26 for the rights of Asian Americans as well as AJR 27 for the
redress of atrocities committed by the Japanese government. Mike Honda
was only one year old when he was placed in the "internment camp" in '42
and grew up in it. One other gentleman told his story at NASA Ames
research center in 1982 when he encountered FBI intimidation and firing
by NASA for not having committed any crime, same as Dr. Lee's situation.
Civil rights are violated for "no bail" on Dr. Lee.
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3. DOE Secretary Richardson Denies Racial Profiling ..................... 15
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From: Mei Lu <me...@umich.edu> 11/22/1999
Today the media seems to have changed the tone. New York Times reported
that U.S. Energy Secretary Bill Richardson visited one of the nation's top
weapons labs and called for a recommitment to science. Richardson
acknowledged that Asian scientists have complained about unfair scrutiny,
but said "Asian Americans should not feel racially profiled. We are not
doing that."
"I am sending a message that Asian Americans throughout the
scientific community, the lab community, that we are reaching out to them,
trying to mitigate any pain from this one individual. This is an isolated
case," Richardson said.
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4. Four Organizations Write to the American People on Lee's Indictment .. 58
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From: "Zhenqin Li" <zhen...@hotmail.com> 12/18/1999
A Letter to the People of The United States, sponspored by the following
organizations:
Chinese Community Forum (CCF)
Gateway2China
JourneyEast
The Voices of Chinese (VOC)
World Huaren Federation (WHF)
We, the undersigned, are compelled to voice our deep concern over the
treatment of Dr. Wen Ho Lee, a naturalized U.S. Citizen, who is entitled to
the full protections guaranteed for all Americans by the Constitution of the
United States.
We strongly feel that Dr. Lee has been selected as the target for
investigation because of unconstitutional racial profiling, that he has been
deprived of his due process rights, that his case has been prejudiced by
unattributed leaks from the U.S. Government prosecutors, that he has been
unfairly accused, tried, and found guilty politically by some members of
Congress and news media, and that he has been the subject of selective
prosecution to validate an unfruitful espionage investigation.
We urge the American People, the members of the Media, and responsible
members of the U.S. Government to step forward and demand a full and fair
examination of the circumstances which have led to the indictment of Dr. Lee
for breaching security practices under the Atomic Energy Act, and NOT for
espionage. In this regard, we urge Senator Arlen Spector to continue with
his Senate hearings on this matter, and to seek out the truth.
We question why Dr. Lee was indicted, and is being held without bail, when
he has long standing ties to the community, has not attempted to flee during
the entire time he was under investigation, and maintains his innocence. In
most instances where a government employee has broken the same procedural
rules, they are usually subject to an Administrative Hearing, and if
warranted, discharge from employment. The discharge of Dr. Lee, by Los
Alamos, after 20 years of service appears to have been without any
administrative recourse, and if so was most unprecedented (and deprives Dr.
Lee of his due process rights), and must be explained.
As a free and democratic society, the primary purpose of the U.S. Government
is to safeguard the freedom of its citizens. The rights of any single
individual citizen is just as important, if not more important, than the
ephemeral "national security". People of Chinese ethnic origin, like the
peoples of all the other ethnic groups who have emigrated to the United
States, have contributed to the growth and development of this country. All
are equally American. All are entitled to the protections of the U.S.
Constitution.
We appeal to the American people, of all ethnic origins, to support our
request that Dr. Lee be treated fairly in both a judicial process and the
court of public opinions, and he be accorded all the protections of the U.S.
Constitution he deserves.
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5. Immigration Visa Numbers for January 2000 ............................ 60
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Source: World Journal, December 15, 1999
Compiled and Translated by Bo Xiong for CND-US
The U.S. State Department's Visa Bulletin for January 2000:
(Note: the dates in the parentheses are those for the previous month)
I. Employment-Based
1st (Workers with Current for most countries, for Mainland
extraordinary skills) China: Current (Current)
2nd (Advanced degree
holders and special Current for most countries, for Mainland
skilled workers): China: Current (Current)
3rd (Skilled workers
and Professionals): Current for most countries, for Mainland
China: Current (Current)
3rd (Other workers): For most countries including Mainland China:
November 1, 1993 (September 1, 1993)
4th (Special Immigrants): Current for most countries including Mainland
China (Current)
4th (Religious Workers): For most countries including Mainland China:
Current (Current)
5th (Employment-creation): Current for most countries including Mainland
China (Current)
5th (Targeted Employment Current for most countries including Mainland
Areas): China (Current)
II. Family-Based Preference Dates Are as Follows:
1st (Unmarried children For most countries including Mainland China:
of U.S. citizens): September 15, 1998 (September 15, 1998)
2A (Exempt from per
country limit): For most countries including Mainland China:
September 15, 1995 (September 15, 1995)
2A (Subject to per
country limit): For most countries including Mainland China:
September 15, 1995 (September 15, 1995)
(2A: Spouses and children of permanent residents)
2B (Adult children of For most countries including Mainland China:
permanent residents): November 22, 1992 (November 22, 1992)
3rd (Married children For most countries including Mainland China:
of U.S. citizens): October 8, 1995 (October 8, 1995)
4th (Sisters and brothers For most countries including Mainland China:
of adult U.S. citizens): October 1, 1988 (September 22, 1988)
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6. Information Exchange: Eligibility for Practical Training (3 Items) ... 85
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From: NAFSA Network; Forwarded by Bo Xiong 12/20/99
(1) Question from Mary Ann Walker
Does anyone recall an INS cable (April 1990) which clarified full-time
student status and practical training eligibility?
It Stated that eligibility for practical training was not limited to F-1
students lawfully enrolled for at least 9 consecutive months but included
others (A,E,F, G, H, J, L & N status) as well.
Thank you for any information that you can provide.
Mary Ann Walker
The American Graduate School of International Management
Glendale, AZ
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(2) INS Changes Test for F-1 Practical Training Eligibility [67 IR 436]
The following is the text of an April 6, 1990 telex (file CO 214f-P) sent
by Commissioner Gene McNary to all INS field offices:
Subject: 9-Month In Status Requirement for F-1 Students Seeking
Practical Training
Existing INS regulation precludes the authorization of practical training
for F-1 students until they have been in F-1 status for nine months. The
objective of this requirement is to safeguard the student program against
potential abuses by individuals who are primarily interested in employment
gains, and to ensure that new students have sufficient time to acclimate
academically to the campus environment. In recognizing that many
nonimmigrant students who attended school in other lawful nonimmigrant
status prior to changing status to F-1 have already made the adjustment to
American campus life, the Service has decided to relax the nine-month bar
to practical training for this group of students. Effective immediately,
an alien who attended school in lawful nonimmigrant status prior to
changing status to F-1 is permitted to count the time spent on campus
toward the nine-month in-status requirement for practical training. This
special provision is intended for lawful non-immigrants, such as J-1
students or
dependents of A, E, F, G, H, J, L and N visa categories, who were enrolled
as full-time students at an INS-approved school immediately before changing
status to F-1. Aliens who are attending school in the United States in
violation of their status may not derive benefits from this provision.
This telex confirms an announcement made by the INS at an April 4 meeting
about issues affecting students from the People's Republic of China (PRC).
See 67 Interpreter Releases 408 (Apr. 9, 1990). While the issue was first
raised in the PRC context, it benefits students of any nationality. The
cable effectively amends 8 CFR ? 214.2(f)(10)(i) and (ii). Query how the
INS can do that without going through rulemaking.
\Vol. 67, No. 15 * April 16, 1990 \4. INS Changes Test for F-1 Practical
Training Eligibility
[67 IR 436] \
___ ___ ___
(3) The Regulation Itself Does not Say so
Dear Mary Ann:
Cable or no cable, a careful reading of the regulation [8 CFR 214.2(10)]
itself indicates that it does not say that the student has to have been
F-1 for nine consecutive months. It says it is available to F-1 students
who have been "lawfully enrolled on a full-time basis ... for nine
consecutive months."
Students who are full-time in another lawful status enrolled full-time, are
also "lawfully enrolled." Since the regulations governing changing status
found at 248.1 indicate that only a nonimmigrant "who is continuing to
maintain his nonimmigrant status, may apply to have his nonimmigrant
classification changed...", then conversely a B-2 who has attended school
full-time and received a change of status was also "lawfully enrolled."
Although, the cable might like to suggest that that nonimmigrant status
may be treated differently, the regulation indicates that it is treated the
same.
June Sadowski-Devarez
St. John's University
New York City
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