Maybe but I’m not so sure about that. I’ve discussed “cum data fuerit” with several Canon Lawyers, and invariably the interpretation is that the stupid document applies to all Churches, Eastern & Oriental alike, in the diaspora.
IIRC, there **was **some flack from Rome in the Canadian UGCC case. And there certainly was flack from Rome in the case of the Melkites a few years back. The one way I can think of to circumvent it is to have the candidate ordained “in the homeland” and then reassigned to his home diocese in the diaspora. But until such time as “cum data fuerit” is formally renounced, or at least formally ignored (thereby setting precedent) by Rome we are, unfortunately, stuck with it.