President Suspends Entry of Certain Chinese Students and Researchers
The timing couldn’t be stranger given the national unrest we are currently going through, but President Trump formally issued a Proclamation on May 29, 2020, prohibiting certain Chinese nationals from obtaining F-1 or J-1 visas to study or research in the United States. Specifically, Chinese nationals who have been associated with entities that support the Chinese government’s “military-civil fusion strategy” and seek to pursue graduate level studies will not be eligible for the F-1 or J-1 visa. The suspension took effect today, June 1, 2020.
The Scope of the Proclamation
The stated reason for suspending entry is to prevent China from acquiring the United States’ sensitive technologies and intellectual property to modernize and advance its own military capabilities. According to the Proclamation, Chinese students beyond the undergraduate level or researchers are at “high risk of being exploited or co-opted” by Chinese authorities.
Given these risks, the Proclamation prohibits the entry of any Chinese national on a F or J visa to pursue graduate level studies if they are associated with any entity in China that implements or supports China’s “military-civil fusion strategy.” Such association is established by the following:
Receipt of funding for their studies from such entities;
Past or current employment with such entities;
Past or current studies with such entities; and/or
Conducted research for or at such entities.
The Proclamation (broadly) defines “military-civil fusion strategy” as actions by or [for] the People’s Republic of China “to acquire and divert foreign technologies, specifically critical and emerging technologies, to incorporate into and advance the PRC’s military capabilities.” This is very expansive and could result in widely different interpretations at the Consular officer level.
The Proclamation specifies that it does not apply to the following:
Current lawful permanent residents.
Spouses of U.S. Citizens or lawful permanent residents.
Foreign nationals who are members of the Armed Forces and their spouses and children.
Foreign nationals 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.
Foreign nationals who are studying or conducting research in a field involving information that would not contribute to China’s MCF strategy.
Foreign nationals whose admission would further important US law enforcement objectives or are in the national interest.
One areas of concern is that the Proclamation authorizes the State Department (DOS) to determine whether Chinese nationals who are currently in the US under F or J visas should have their visas revoked.
Implementation and Enforcement
The DOS and Homeland Security (DHS) will implement the proclamation and continue to issue regulations and guidance to determine who is subject.
Within 60 days of the Proclamation’s issuance, DOS and DHS will review nonimmigrant and immigrant programs and recommend any measures that require presidential action to mitigate any further risks.
For the time being the proclamation will remain in effect until terminated by the President.
Closing Thoughts:
This is a troubling order, which potentially has a very broad reach given the way the term “military-civil fusion strategy” is defined. Even though US Consulates are currently closed, Chinese students planning on traveling to the US to study in the fall may face delays and denials in obtaining their visas once Consulates reopen for processing.
We will continue to monitor the situation and provide updates as soon as we have more information.
This alert is for informational purposes only. Please contact me if you would like to discuss this development further.