Arthur Lee, Esq. Q&As published on the World Journal Weekly on September 29, 2024: 1. If the consular officer or USCIS finds you improperly shared technical knowledge, it may be a ground for denial of your visa or green card. 2. NVC may choose to wait on the fee bill until your priority date is about to become current

1. If the consular officer or USCIS finds you improperly shared technical knowledge, it may be a ground for denial of your visa or green card. 

A reader asks:
Recently, a domestic headhunter and a friend who is starting a business contacted me and suggested that I apply for a national or provincial talent program. If approved, it will be 500,000 RMB per year, and a total of 1.5 million RMB for 3 years. I would like to ask, if applying for such a program will affect the future green card 485 change of status?

Arthur Lee, Esq. answers,
If you take up a position with a national/provincial talent program, your future green card application and your application for a visa at the consulate may face tougher scrutiny given the political climate between the US and China at this time. The US government has been cracking down on foreign talent recruitment programs, which it believes are a mechanism used by foreign countries such as China to bring outside knowledge and innovation back to their countries, including stealing trade secrets, breaking export control laws, or violating conflict-of-interest policies to do so. The FBI notes that while various countries use talent plans, China is the most prolific sponsor of these programs. Therefore, if you work at a talent program, your applications to come to the US on a visa, or adjust status to I-485 may be subject to further investigation into the questions of whether you have improperly exported technical knowledge and trade secrets to China. You will need to be prepared to answer questions about whether you have ever utilized or shared knowledge regarding sensitive US technology secrets and innovations during your time working at the talent program. If the consular officer or USCIS finds that you more likely than not have improperly shared knowledge with the talent program, that may be a ground for denial of your visa or green card application.

2. NVC may choose to wait on the fee bill until your priority date is about to become current

A reader asks:
I applied for NIW and submitted it at the beginning of this year. I applied for expedited application two months later and was approved early March. How long will it take to receive the NVC payment notice? Online status check shows that the case has been transferred to NVC.

Arthur Lee Esq. answers:
Congratulations on your NIW approval. After your I-140 is approved, your case is sent to NVC assuming that you chose consular processing as your means of applying for permanent residence. USCIS notifies NVC that your case has been approved, and instructs it to pre-process you for your permanent residence application through consular processing. Typically, NVC will first send you a welcome notice then contact you with a fee bill within 60 days of your petition approval. But if you are from a country with a long backlog, NVC may choose to wait on the fee bill until your priority date is about to become current. Therefore, if you have not received any communication from NVC, and your priority date is current or about to become current (per the “Date of Filing” chart), you may wish to follow up with NVC.