Hunton Andrews Kurth LLP (LexBlog China)
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May 2024 Visa Bulletin – Priority Dates Stuck in the Mud
The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process, or if already pending, when the final step can be adjudicated. Below is a summary of the May Visa Bulletin, including Final Action Dates.
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New Era of Regulation for Cross-Border Transfers in China
On March 22, 2024, the Cyberspace Administration of China issued the Provisions on Facilitation and Regulation of Cross-Border Data Flows, which were effective the same day. The CAC also held a press conference to introduce and explain the Provisions. This blog entry provides a summary of the Provisions.
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House Passes the Protecting Americans’ Data from Foreign Adversaries Act
On March 20, 2024, the U.S. House of Representatives passed legislation that will prohibit data brokers from transferring U.S. residents’ sensitive personal data to foreign adversaries, including China and Russia. The Protecting Americans’ Data from Foreign Adversaries Act of 2024 marks a significant development in executive and legislative action related to foreign access to U.S. data.
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China Plans to Accelerate Cross-Border Data Transfers by Implementing Trial Rules in Shanghai Pilot Free Trade Zone
Recent developments in the Shanghai Pilot Free Trade Zone to facilitate cross-border data transfers are expected to provide greater flexibility in exporting data from China, which has been stymied by the Cyberspace Administration of China’s strict cross-border data transfer regulations proposed in December 2023.
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February 2024 Visa Bulletin – There’s “Snow” Love for China This Month, and Only Modest Advances in Some Categories for India and Rest of World
The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process, or if already pending, when the final step can be adjudicated. Below is a summary of the February Visa Bulletin, including Final Action Dates and changes from the previous month.
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December 2023 Visa Bulletin – EB-2 and EB-3 China Advance 3 Weeks; No Movement in Other Categories
The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process, or if already pending, when the final step can be adjudicated. Below is a summary of the December Visa Bulletin, including Final Action Dates and changes from the previous month.
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China Proposes New Rules for Data Transfers
On September 28, 2023, the Cyberspace Administration of China released the “Provisions on Regulating and Facilitating Cross-Border Data Flows” for public comment.
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September 2023 Visa Bulletin – Small Advances in EB-3 China and EB-2 All Other Countries; Other EB Categories in Holding Pattern Through Fiscal Year End
The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process, or if already pending, when the final step can be adjudicated. Below is a summary of the September Visa Bulletin, including Final Action Dates and changes from the previous month.
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China Issues Guidelines regarding Filing Standard Contracts for Cross-Border Transfer of Personal Information
On May 30, 2023, the Cyberspace Administration of China issued the Guideline for Filing the Standard Contract for Cross-border Transfer of Personal Information.
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June 2023 Visa Bulletin – Priority Dates in the Doldrums, Except China EB-3 Other Workers
The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process, or if already pending, when the final step can be adjudicated. Below is a summary of the June Visa Bulletin, including Final Action Dates and changes (or not) from the previous month.
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April 2023 Visa Bulletin – Slight Thaw for EB-3 China, Retrogression for EB-2 India and Rest of World
The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process, or if already pending, when the final step can be adjudicated. Below is a summary of the April Visa Bulletin, including Final Action Dates and changes from the previous month.
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March 2023 Visa Bulletin – No Movement Except EB-3 Other Workers: Forward for China, Backward for All Other Countries
The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process, or if already pending, when the final step can be adjudicated.
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January 2023 Visa Bulletin – EB-1 China and India retrogress; most other preference categories freeze in place
The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process, or if already pending, when the final step can be adjudicated. Below is a summary of the January Visa Bulletin, including Final Action Dates and changes (or not) from the previous month.
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A COVID Surge in China Results in Renewed Restrictions for Travel to the United States
Effective January 5 (at 12:01am, Eastern Standard Time), all passengers inbound from China, Hong Kong and Macau, or who were in the country in the 10 days prior to their departure to the United States, must show a negative PCR or monitored antigen test in order to board flights to the United States. In addition, the same requirement will apply for those passengers who were physically present in...
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Basic Security Requirements for Smartphone Pre-installed Apps in China
TC260 of China recently issued the Information Security Technology-Basic Security Requirements for Pre-installed App of Smartphones for public comments ending December 6, 2022.
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November 2022 Visa Bulletin – A Warning for EB-2 All Other Countries
The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process, or if already pending, when the final step can be adjudicated.
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Government Security Assessment on Cross-Border Transfer in China
On July 7, 2022, the Cyberspace Administration of China (the “CAC”) issued the Measures on Security Assessment on Cross-border Transfer (the “Measures”), which became effective on September 1, 2022, and provide a six-month grace period to the relevant data handlers. On August 31, 2022, the CAC issued the Guidelines on Application for Security Assessment on...
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September 2022 Visa Bulletin – A Frosty End to the Fiscal Year as All Categories Freeze
The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process, or if already pending, when the final step can be adjudicated.
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China Issues Draft Provisions on Standard Contract for Cross-Border Transfer of Personal Information
On June 30, 2022, the Cyberspace Administration of China (the “CAC”) issued a draft Provision on the Standard Contract for Cross-border Transfer of Personal Information (“Draft Provisions”) and a draft of the Standard Contract for Cross-border Transfer of Personal Information (“Standard Contract”) for public comments. Per Article 38 of the Personal Information Protection Law (“PIPL”),...
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China Issues Draft Guidelines on Certification of Personal Information Cross-Border Transfer Activities
The National Information Security Standardization Technical Committee of China recently issued a draft version of the Cybersecurity Standard Practice Guidelines – Technical Specification on Certification of Personal Information Cross-border Transfer Activities. This blog entry provides a summary of the Guidelines.
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July 2022 Visa Bulletin – After Months of Stagnation, EB-2 China Advances One Month
The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process, or if already pending, when the final step can be adjudicated.
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Beware the Wolf in Sheep’s Clothing: FTC Takes Action Against Apparel Retailer Who Bragged He Could Rip Off Consumers by Ripping Out Made in China Tags
The FTC continues its pursuit of deceptive Made in USA claims, this time with allegations that company Lions Not Sheep and its owner, Sean Whalen, marketed apparel as being “Made in USA,” “Made in America,” “100% AMERICAN MADE,” and “BEST DAMN AMERICAN MADE GEAR ON THE PLANET” when in fact the products were made in China.
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China Releases Draft Regulations on Network Data Security Management
The Cyberspace Administration of China released for public comment the draft Regulations on Network Data Security Management. The Draft Regulations are intended to implement portions of three existing laws: the Cybersecurity Law, the Data Security Law and the Personal Information Protection Law. In this blog entry, we discuss several of the key areas addressed by the Draft Regulations.
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January 2022 Visa Bulletin – Minor Changes for the New Year
The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process, or if already pending, when the final step can be adjudicated. Below is a summary of the January Visa Bulletin, including Final Action Dates...
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December 2021 Visa Bulletin –EB-2 China and India Slowly Advance
The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process, or if already pending, when the final step can be adjudicated. Below is a summary of the December Visa Bulletin, including Final Action Dates...
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US Opens Flights to Fully Vaccinated Travelers – What Does It Mean for You and Your Family?
As we previously reported, President Biden is rescinding the international travel restrictions that have drastically hindered US business and tourist travel for almost 2 years. Beginning at 12:01 a.m. Eastern Time on Monday, November 8, 2021, travelers will no longer need a valid National Interest Exception if they have been in China, Iran, the Schengen...
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China Issues Draft Measures on Security Assessment of Cross-border Data Transfer
On October 29, 2021, the Cyberspace Administration of China released for public comment Draft Measures on Security Assessment of Cross-border Data Transfer. The CAC issued the Draft Measures three days before the November 1, 2021 effective date of the Personal Information Protection Law.
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October 2021 Visa Bulletin – A Disappointing Start to the New Fiscal Year
The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process, or if already pending, when the final step can be adjudicated. Below is a summary of the October Visa Bulletin, including Final Action Dates...
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China Passes Personal Information Protection Law
On August 20, 2021, China passed the Personal Information Protection Law (the “PIPL”). The PIPL will become effective on November 1, 2021.
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September 2021 Visa Bulletin – Some Forward Movement to End the Fiscal Year
The Visa Bulletin is released monthly by the Department of State and is used to determine when a sponsored foreign national can submit the final step of the green card process, or if already pending, when the final step can be adjudicated. Below is a summary of the September Visa Bulletin, including Final Action Dates...