Presidential Proclamation Suspending Entry of Certain Students and Researchers from China

June 3, 2020

On May 29, 2020, President Trump issued a proclamation limiting the issuance of nonimmigrant visas to students and researchers from the People’s Republic of China (PRC). This issuance particularly targets F and J visas commonly given to students and researchers.

Who is Suspended from Entry?

The text from the proclamation reads that “certain” Chinese nationals pursuing study under F or J visas particularly, according to the American Immigrant Lawyers Association summary, those who

• receive funding from or who are currently employed by, study at, or conduct research at or on behalf of; or
• have been employed by, studied at, or conducted research at or on behalf of, an entity in the PRC that implements or supports the PRC’s “military-civil fusion strategy.”

Who Does This Not Apply to?

The proclamation does not apply to the following individuals who are:

• Undergraduate students;
• Lawful permanent residents of the United States;
• The spouse of a United States citizen or lawful permanent resident;
• A foreign national who is a member of the United States Armed Forces and any foreign national who is a spouse or child of a member of the United States Armed Forces;
• A foreign national whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement, or who would otherwise be allowed entry into the United States pursuant to United States obligations under applicable international agreements;
• A foreign national who is studying or conducting research in a field involving information that would not contribute to the PRC’s military-civil fusion strategy, as determined by the Secretary of State and the Secretary of Homeland Security, in consultation with the appropriate executive departments and agencies;
• A foreign national whose entry would further United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee; or
• A foreign national whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.

The American Immigrant Lawyers Association defines the term “military-civil fusion strategy” as “actions by or at the behest of the People’s Republic of China (PRC) to acquire and divert foreign technologies, specifically critical and emerging technologies, to incorporate into and advance the PRC’s military capabilities.” Therefore, petitioners not working towards this end should have their applications accepted baring any other proclamations. This proclamation goes into effect Monday June 1, 2020 and will be reviewed by the Secretary of State and the Secretary of Homeland Security after 60 days to determine if it is need of revision.

 

If you or your family have any questions of concerns about how this proclamation affects your petition, please contact us here. Our staff and attorneys remain available at their normal emails and phone numbers.

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