HK, Macau, Taiwan Born Aliens not Subject to Visa Number of China

An alien’s place of birth rather than the alien’s country of citizenship or residence determines which country’s visa number cap the alien is subject to. Hong Kong, Macau and Taiwan are treated as separate foreign territories with regard to immigration visa quotas. In other words, aliens born in Hong Kong, Macau or Taiwan are not subject to the visa numbers allocated to mainland China for family based immigration and employment based immigration. In addition, aliens born in Hong Kong, Macau and Taiwan are eligible for Diversity Visa Lottery Program, which is not available to mainland China born aliens.

The treatment of Hong Kong at a country level for immigration visa numbers was first provided in a Congress Bill S358 to amend the Immigration and Nationality Act in 1990. This Congress bill was encoded in 8 USC Section 1152 and became effective in Nov 1990. The special treatment of Hong Kong as a separate territory with specified visa numbers did not change after the transfer of the sovereignty of Hong Kong from the United Kingdom to China in 1997.

Macau was reverted to Chinese Sovereignty on December 20, 1999, after 442 years as a Portugal colony. At that time, immigrant visa number chargeability for Macau reverted by operation of United States law from Portugal to China. Later, on December 27, 2000, the Macau Policy Act was incorporated and subsequently enacted. Based on this Act, visa numbers for Macau born nationals are charged to Portugal, and this act is still in effect until now.

(05/17/07)