Proclamation on the Suspension of Entry as Nonimmigrants of Certain Students and Researchers from the People’s Republic of China
On May 29, 2020, President Trump issued a proclamation on the Suspension of Entry as Nonimmigrants of Certain Students and Researchers from the People’s Republic of China (PRC). The proclamation goes into effect on June 1, 2020 at 12 p.m. EDT.
It serves to restrict the admission of certain Chinese graduate students and researchers to the U.S. The restrictions apply to those who study or research contributes to the China’s ‘military-civil fusion strategy’.
It is not confirmed at this time what areas of study or research are targeted or of concern. Examples of areas of study or research, and/or actions that constitute contributing to the ‘military-civil fusion strategy’ are not known.
Validity Period and Expiration
The Proclamation has no set expiration date. It remains in effect until terminated by the President of the United States.
The proclamation applies only to graduate students and scholars, who are applying for an F or J nonimmigrant visa, who are now or in the past have received funding from, been employed by, studied at, or conducted research at or on behalf of an entity in the People’s Republic of China (PRC) that implements or supports the PRC’s “military-civil fusion strategy.” Under the Proclamation, the “military-civil fusion strategy” is defined as “actions by or at the behest of the PRC to acquire and divert foreign technologies, specifically critical and emerging technologies, to incorporate into and advance the PRC’s military capabilities.”
Restrictions do not apply to:
- undergraduate students;
- U.S. lawful permanent residents;
- spouses of U.S. citizens or lawful permanent residents;
- members of the United States Armed Forces and their spouse and children; or
- others who may be designated by the U.S. Department of State and/or the U.S. Department of Homeland Security as not a threat to the U.S.;
- applicants for refugee or asylum status.
Revocation of U.S. Visas
The U.S. Secretary of State shall consider whether nationals of PR China currently in the U.S. and those who currently hold a valid visa, pursuant to F or J visas, and who otherwise meet the criteria of the Proclamation, should have their U.S. visas revoked.
Any individuals who are in the U.S. and have their U.S. visa revoked are NOT required to depart the U.S. because of the visa revocation. It does require the individual to apply for and gain a new U.S. visa (F or J) after the individual departs the U.S. and intends to re-enter the U.S. in the F or J status. It is not known at this time when visa revocation notices will begin and/or how individuals will be notified that their visa has been revoked. Therefore, it is pertinent at this time for F and J status holders from PR China to verify with a U.S. Consulate the current status of their unexpired, valid F or J visa before planning international travel in order to verify that it has not been revoked.
The Proclamation does not currently apply to students who are already in the U.S. Because of the restriction on entry, which presumably includes re-entry, Chinese graduate students and scholars in the U.S. should reconsider any international travel plans. These new restrictions are in effect until further notice. Graduate students from PR China who depart or already departed the U.S. could be inspected rigorously during the U.S. visa issuance and/or renewal, as well as U.S. entry/re-entry at the U.S. port of entry. In the event that ties are found to the “military-civil fusion strategy”, meeting the conditions of the Proclamation or any other applicable issues, students and scholars could be prevented from gaining the necessary U.S. visa approval and/or entering/re-entering the U.S. to begin or resume their research and studies.
This Proclamation takes effect on June 1, 2020. The President has called on the Secretaries of the U.S. Departments of State and Homeland Security to evaluate and advise within 60 days whether further restrictions may be warranted.
Links to Proclamation and Additional Resources
- White House Proclamation (5/29/2020)
- AILA (American Immigration Lawyers Association)
- NAFSA (Association of International Educators)
We continue to review this information for further clarification. Know that our staff and the University is here to help and support you during this difficult time.
We will keep you informed of any new information and/or changes once it is available. If you have any questions or concerns, please contact our office at: email@example.com