We are waiting for further information from the Department of State (DOS) and the Department of Homeland Security (DHS) with clarification and details on implementation of the Proclamation on the Suspension of Entry as Nonimmigrants of Certain Students and Researchers from the People's Republic of China.
Effective June 1, 2020, this proclamation bans the entry of certain Chinese nationals on F or J visas, including graduate students, and postdoctoral and other researchers. Please note that the ban only applies to graduate students, postdocs and other researchers who have been funded by, studied at, been employed by or conducted research at or on behalf of an entity in the People’s Republic of China that supports the Chinese government's “military-civil fusion” (MCF) strategy. The proclamation defines the MCF strategy 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." However, the proclamation doesn’t provide information on how the US government will identify which Chinese entities, such as a university, will or will not be considered in support of the MCF strategy.
The proclamation directs the State Department to consider whether it should cancel the visas of Chinese F and J nonimmigrants currently in the US who would otherwise be covered by the ban. The proclamation further directs the agencies to review nonimmigrant and immigrant programs within 60 days and recommend any other measures requiring Presidential action that might mitigate the risk of the PRC’s acquisition of sensitive US technologies and intellectual property.
The proclamation exempts Chinese nationals entering to engage in undergraduate study and Chinese Fs and Js studying or researching in fields that do not contribute to the MCF strategy, as determined by DHS and DOS. Those fields are not identified in the proclamation.
Also exempted are U.S. lawful permanent residents, the spouses of U.S. citizens and lawful permanent residents, foreign nationals in the U.S. armed forces (as well as their spouses and children), and foreign nationals whose entry would further important U.S. law enforcement objectives or is in the U.S. national interest.
This page will be updated as we obtain further information from the Department of State and the Department of Homeland Security with clarification and details on implementation.
