On May 29, 2020, President Trump issued a proclamation suspending the issuance of F-1 and J-1 visas, and thus the entry into the U.S. as nonimmigrants of certain students and researchers from the People's Republic of China (PRC). The proclamation charges that the PRC uses Chinese post-graduate and post-doctorate researchers to collect U.S. intellectual property. The proclamation went into effect on Monday, June 1, at 12:00 p.m. Eastern Standard Time and will remain in effect until terminated by the President.
What kinds of students and researchers are affected by this proclamation?
The proclamation suspends the entry of Chinese nationals seeking to enter the U.S. on an F or J visa to conduct post-graduate or post-doctorate studies or research, and who receive funding from, or who are currently employed by, or study at or conduct research on behalf of any entity in China that supports the PRC government's "military-civil fusion strategy." This also applies to any Chinese national student or researcher who performed in any of these capacities in the past and is seeking to pursue post-graduate or post-doctorate studies or research in the U.S.
What is the PRC's "military-civil fusion strategy"?
According to the proclamation, this means "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." A Department of State note published in March 2020 deems this military-civil fusion strategy a global security threat because its aim is to give the Chinese Communist Party the most advanced military in the world by 2049.1
What kinds of students and researchers are not affected?
The proclamation does not apply to:
- Any lawful permanent resident of the United States.
- Any alien who is the spouse of a U.S. citizen or lawful permanent resident.
- Any alien who is a member of the U.S. Armed Forces and any alien who is a spouse or child of a member of the U.S. Armed Forces.
- Any alien whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement or who would otherwise be allowed entry into the U.S. pursuant to U.S obligations under international agreements.
- Any alien who is studying or conducting research in a field involving information that would not contribute to the PRC's military-civil strategy, as determined by the Secretary of State and the Secretary of Homeland Security.
- Any alien whose entry would further important U.S. law enforcement objectives as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.
- Any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.
Does the proclamation have an expiration date?
As stated above, the proclamation will remain in effect until terminated by the President.
Are future restrictions on Chinese national students and researchers anticipated?
Section 6.b. of the proclamation requires that the Secretary of State and the Secretary of Homeland Security review nonimmigrant and immigrant programs and provide recommendations to the President on other measures that would mitigate the risk posed by the PRC's acquisition of sensitive U.S. technologies and intellectual property.
What are the potential implications of this proclamation for Chinese nationals wishing to study, research, or work in the United States?
As the proclamation defines "military-civil fusion strategy" broadly and allows the Department of State (DOS) to decide whose visas should be revoked, the scope and reach is potentially quite wide. Chinese students seeking to come to the U.S. may experience additional delays at US Consulates.
More concerning, immigrant workers on H-1B, L-1, or O-1 visas are not listed as exempt in this proclamation. At this time, it is not clear what the implications are of this omission but we will provide updates as we learn more.
Where can I find the complete text of the proclamation?
The proclamation can be found on the White House's website:
Footnote
1. https://www.state.gov/the-prcs-military-civil-fusion-strategy-is-a-global-security-threat/
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