Important Updates
Important Updates
May 19, 2026 | CanadaCanada Managing Partner Cosmina Morariu Recognized Among Top Women Leaders of Toronto for 2026
May 20, 2026 | United Kingdom, PortugalDaily Mail: The Great Midlife Exodus to Portugal
May 20, 2026 | SingaporeSingapore: Updates Introduced to Streamline Application and Document Upload Process
May 20, 2026 | 🌐Worldwide: Eid-al-Adha Closures
May 19, 2026 | United StatesBloomberg Law: ICE Raises the Stakes for Employers’ I-9 Compliance Failures
May 19, 2026 | CanadaCanada Managing Partner Cosmina Morariu Recognized Among Top Women Leaders of Toronto for 2026
May 20, 2026 | United Kingdom, PortugalDaily Mail: The Great Midlife Exodus to Portugal
May 20, 2026 | SingaporeSingapore: Updates Introduced to Streamline Application and Document Upload Process
May 20, 2026 | 🌐Worldwide: Eid-al-Adha Closures
May 19, 2026 | United StatesBloomberg Law: ICE Raises the Stakes for Employers’ I-9 Compliance Failures
May 19, 2026 | CanadaCanada Managing Partner Cosmina Morariu Recognized Among Top Women Leaders of Toronto for 2026
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

Communist Party Member Considerations for EB-5s

June 14, 2016

Chad Ellsworth

Countries / Territories

  • ChinaChina
  • United StatesUnited States
  • VietnamVietnam

Related contacts

Chad Blocker

Chad Ellsworth

Partner

Fragomen in San Francisco, CA, United States

Email

[email protected]

T:+1 212 230 2826

Related offices

  • Fragomen in Beijing, China
  • Fragomen in New York, NY
  • Fragomen in Shanghai, China

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Chad Blocker

Chad Ellsworth

Partner

Fragomen in San Francisco, CA, United States

Email

[email protected]

T:+1 212 230 2826

Related offices

  • Fragomen in Beijing, China
  • Fragomen in New York, NY
  • Fragomen in Shanghai, China

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Chad Blocker

Chad Ellsworth

Partner

Fragomen in San Francisco, CA, United States

Email

[email protected]

T:+1 212 230 2826

Related offices

  • Fragomen in Beijing, China
  • Fragomen in New York, NY
  • Fragomen in Shanghai, China

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Chad Ellsworth

General Immigration Bar Against Communist Party Members

While the Cold War has ended, the U.S. Immigration and Nationality Act (INA) §212 (a)(3)(D)(i) still restricts Communist Party members from immigrating to the United States. This INA restriction may affect Chinese and Vietnamese EB-5 investors who are or may have been Communist members or affiliated with a Communist Party.

The three main immigration forms that ask about Communist Party membership and affiliation are Form DS-260 for immigrant consular processing, Form I-485 for adjustment of status to obtain a green card, and Form N-400 for naturalization to become a U.S. citizen.

What do Consular Officers Consider?

A consular officer determines whether an applicant is or was a member or affiliate of the Communist Party for consular processing abroad. To make a determination, the consular officer will generally review the applicant’s visa application, the applicant’s statements, name change results, consular post files, and any other available outside information.

U.S. Department of State’s Security Advisory Opinion (SAO)

If there are any discrepancies between the record and the applicant’s statements, the consular officer will try to resolve the factual issue locally. But if questions can’t be answered at the local consular post, then the officer will send a request to the U.S. Department of State in Washington D.C. for a Security Advisory Opinion (SAO), commonly known as a security clearance. The SAO will contain the consular officer’s opinion on whether the applicant’s membership is meaningful or non-meaningful and any points to support that position.

The Department’s SAO is required prior to visa issuance to any Communist membership case where:

  • The consular officer has information indicating that the claimed termination of membership did not occur;
  • The consular officer has reason to believe the applicant may be a threat to U.S. security; or
  • The applicant denies any membership or affiliation at any time, but at the same time asserts that, at a minimum, there has been no such membership or affiliation within the past two or five year period.
 
The consular officer must also request an SAO in all cases involving claimed non-meaningful or non-voluntary membership by Chinese and Vietnamese nationals, who are or were members of the Communist Party in the past five years. Once an SAO has been requested, no immigrant visa may be issued until the Department’s response has been received which can take several weeks to months.
 
Exceptions to the General Immigration Bar
 
While the past or current membership in a Communist Party is a bar to immigration to the U.S., there are several INA §212(a)(3)(D)(ii) exceptions to the general rule, including those listed below:
  • The applicant’s membership or affiliation was involuntary;
  • The applicant’s membership was terminated before applicant attained the age of 16;
  • The applicant’s membership or affiliation was by operation of law;
  • The applicant’s membership or affiliation was necessary for purposes of obtaining employment, education, food rations, or other essentials of living;
  • The applicant’s membership or affiliation was without awareness of the nature or the aims of the organization and was discontinued when the applicant became aware of the nature and the aims of the organization.
 
Past membership in a Communist Party can also be waived if the applicant can prove that:
  • Membership or affiliation with the Communist Party was terminated two years before the date of the visa application; or
  • Membership or affiliation with the Communist Party controlling the government of a foreign state was terminated five years before the date of the visa application.
 
Further, even if none of these exceptions are applicable, an immigrant visa applicant may still be able to immigrate under humanitarian grounds if they possess the requisite qualifying family ties to a U.S. citizen or U.S. lawful permanent resident.
 
Generally, most Chinese and Vietnamese EB-5 investors are not affected by the immigration bar against Communist Party members. However, if this is a concern to you or your family members, please contact your Fragomen professional to discuss potential options.

 

Countries / Territories

  • ChinaChina
  • United StatesUnited States
  • VietnamVietnam

Related contacts

Chad Blocker

Chad Ellsworth

Partner

Fragomen in San Francisco, CA, United States

Email

[email protected]

T:+1 212 230 2826

Related offices

  • Fragomen in Beijing, China
  • Fragomen in New York, NY
  • Fragomen in Shanghai, China

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Chad Blocker

Chad Ellsworth

Partner

Fragomen in San Francisco, CA, United States

Email

[email protected]

T:+1 212 230 2826

Related offices

  • Fragomen in Beijing, China
  • Fragomen in New York, NY
  • Fragomen in Shanghai, China

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Chad Blocker

Chad Ellsworth

Partner

Fragomen in San Francisco, CA, United States

Email

[email protected]

T:+1 212 230 2826

Related offices

  • Fragomen in Beijing, China
  • Fragomen in New York, NY
  • Fragomen in Shanghai, China

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Daily Mail: The Great Midlife Exodus to Portugal

Practice Leader Olga Nechita outlines key Portuguese visa options for UK nationals, including routes for entrepreneurs and retirees, alongside basic income and residency requirements.

Learn more

Video

June 2026 Visa Bulletin

Partner Melissa Vasquez-Myers reviews the June 2026 Visa Bulletin, including retrogression for EB2 and EB1 India and forward movement in the EB3 category for Indian and Chinese nationals.

Learn more

Media mentions

Bloomberg Law: ICE Raises the Stakes for Employers’ I-9 Compliance Failures

Partner Daniel Brown discussed how updated Immigration and Customs Enforcement guidance could increase employer exposure to I-9 compliance penalties.

Learn more

Awards

Canada Managing Partner Cosmina Morariu Recognized Among Top Women Leaders of Toronto for 2026

Canada Managing Partner Cosmina Morariu is recognized by Women We Admire among the Top Women Leaders of Toronto for 2026 for her leadership in immigration and global mobility.

Learn more

Video

How to Hire International Employees in the UK: Visas Explained for Employers

Senior Manager Harry Goldstraw outlines key considerations for UK employers hiring international talent, including sponsorship requirements, visa pathways and compliance obligations shaping workforce mobility strategy.

Learn more

Article

The Myth of A1 Simplification: Why EU Business Travel Compliance Is Becoming More Complex

Senior Counsel Jo Antoons examines how the EU’s proposed social security reforms are reshaping A1 compliance for business travel, introducing “Day One” requirements and greater complexity.

Learn more

Awards

Fragomen Wins 2026 FEM Americas EMMAs for Outstanding Agility & Crisis Management and Thought Leadership

Fragomen is recognized with multiple honors at the 2026 FEM Americas EMMAs, including Outstanding Agility & Crisis Management as a Service Provider and Thought Leadership – Best Survey or Research Study of the Year for the Worldwide Immigration Trends Report 2026.

Learn more

Blog post

Housing Market Dynamics in Saudi Arabia: Policy Changes, Rent Stabilization and Cost of Living Implications for Employers

Destination Services Director Christine Sperr examines how housing market reforms, rent stabilization measures and cost-of-living dynamics in Saudi Arabia are influencing workforce mobility, compensation planning and long-term settlement strategies under Vision 2030.

Learn more

Visas

German Visa Risks: What Past Unauthorised Employment Means for Your Visa Application

Manager Dr. Adela Schmidt explains how German authorities assess past travel and business activities and why suspected unauthorized work during prior visits can lead to visa refusals and temporary entry bans.

Learn more

Video

Romania Launches Unified Work Permit System | #MobilityMinute

Assistant Manager Sukhjeet Kaur discusses Romania’s proposed immigration reforms, including new visa categories, employer authorization requirements and a new digital immigration platform.

Learn more

Podcast

Why Strategy Matters Now: Inside the Center for Strategy and Applied Insights

Partner Cosmina Morariu and Senior Director Leah Rogal discuss the mission of Fragomen’s Center for Strategy and Applied Insights and how it helps organizations and governments navigate evolving immigration policy and global talent mobility challenges.

Learn more

Fragomen news

Fragomen and Papaya Global Launch Strategic Partnership to Streamline Global Mobility and Compliance

Fragomen and Papaya Global announce a strategic partnership combining workforce technology and immigration capabilities to help organizations simplify global mobility, enhance compliance and manage cross-border workforces through a more integrated, technology-enabled approach.

Learn more

Media mentions

Daily Mail: The Great Midlife Exodus to Portugal

Practice Leader Olga Nechita outlines key Portuguese visa options for UK nationals, including routes for entrepreneurs and retirees, alongside basic income and residency requirements.

Learn more

Video

June 2026 Visa Bulletin

Partner Melissa Vasquez-Myers reviews the June 2026 Visa Bulletin, including retrogression for EB2 and EB1 India and forward movement in the EB3 category for Indian and Chinese nationals.

Learn more

Media mentions

Bloomberg Law: ICE Raises the Stakes for Employers’ I-9 Compliance Failures

Partner Daniel Brown discussed how updated Immigration and Customs Enforcement guidance could increase employer exposure to I-9 compliance penalties.

Learn more

Awards

Canada Managing Partner Cosmina Morariu Recognized Among Top Women Leaders of Toronto for 2026

Canada Managing Partner Cosmina Morariu is recognized by Women We Admire among the Top Women Leaders of Toronto for 2026 for her leadership in immigration and global mobility.

Learn more

Video

How to Hire International Employees in the UK: Visas Explained for Employers

Senior Manager Harry Goldstraw outlines key considerations for UK employers hiring international talent, including sponsorship requirements, visa pathways and compliance obligations shaping workforce mobility strategy.

Learn more

Article

The Myth of A1 Simplification: Why EU Business Travel Compliance Is Becoming More Complex

Senior Counsel Jo Antoons examines how the EU’s proposed social security reforms are reshaping A1 compliance for business travel, introducing “Day One” requirements and greater complexity.

Learn more

Awards

Fragomen Wins 2026 FEM Americas EMMAs for Outstanding Agility & Crisis Management and Thought Leadership

Fragomen is recognized with multiple honors at the 2026 FEM Americas EMMAs, including Outstanding Agility & Crisis Management as a Service Provider and Thought Leadership – Best Survey or Research Study of the Year for the Worldwide Immigration Trends Report 2026.

Learn more

Blog post

Housing Market Dynamics in Saudi Arabia: Policy Changes, Rent Stabilization and Cost of Living Implications for Employers

Destination Services Director Christine Sperr examines how housing market reforms, rent stabilization measures and cost-of-living dynamics in Saudi Arabia are influencing workforce mobility, compensation planning and long-term settlement strategies under Vision 2030.

Learn more

Visas

German Visa Risks: What Past Unauthorised Employment Means for Your Visa Application

Manager Dr. Adela Schmidt explains how German authorities assess past travel and business activities and why suspected unauthorized work during prior visits can lead to visa refusals and temporary entry bans.

Learn more

Video

Romania Launches Unified Work Permit System | #MobilityMinute

Assistant Manager Sukhjeet Kaur discusses Romania’s proposed immigration reforms, including new visa categories, employer authorization requirements and a new digital immigration platform.

Learn more

Podcast

Why Strategy Matters Now: Inside the Center for Strategy and Applied Insights

Partner Cosmina Morariu and Senior Director Leah Rogal discuss the mission of Fragomen’s Center for Strategy and Applied Insights and how it helps organizations and governments navigate evolving immigration policy and global talent mobility challenges.

Learn more

Fragomen news

Fragomen and Papaya Global Launch Strategic Partnership to Streamline Global Mobility and Compliance

Fragomen and Papaya Global announce a strategic partnership combining workforce technology and immigration capabilities to help organizations simplify global mobility, enhance compliance and manage cross-border workforces through a more integrated, technology-enabled approach.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.