On May 29th, 2020, President Trump issued a proclamation to suspend the entry of certain Chinese nationals who are seeking to enter the U.S. to pursue graduate studies and conduct research. The proclamation limits entry of certain Chinese nationals associated with entities in China that implement or support military-civil fusion strategy. The proclamation went into effect on June 1st, 2020 at 12:00 PM EST.
How long is the proclamation in effect?
As a specific termination date was not provided in the proclamation, it will remain in effect until it is terminated by the President.
What is military-civil fusion strategy?
The proclamation defines “military-civil fusion 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”.
Who does this impact?
The proclamation limits the entry of Chinese nationals pursuant to either F-1 or J visas to study and conduct research in the U.S. if they are deemed to hold the requisite ties to entities either implementing or supporting military-civil fusion strategy. This includes Chinese nationals who receive funding from, are employed by, study at, or conduct research for entities that implement or support military-civil fusion strategy.
The proclamation also directs the Secretary of State to consider whether Chinese nationals currently in the U.S. pursuant to F-1 or J visas should have their visas revoked if they would otherwise be subject to the suspension.
Chinese nationals seeking to pursue undergraduate study in the U.S. are exempt from the suspension. The proclamation provides other exemptions, including Lawful Permanent Residents, foreign nationals who are members of the U.S. Armed Forces (as well as their spouses and children), foreign nationals whose entry would “further important U.S. law enforcement objectives,” and foreign nationals whose entry is deemed to be in the U.S. national interest.
How are Envoy and GIA responding?
Both Envoy and GIA are closely monitoring the implementation of the presidential proclamation and will provide additional updates as they become available.
What do I need to do next?
Envoy and GIA will continue to publish information on the implementation of the presidential proclamation as further details become available. Should you have any questions regarding this update, please contact your GIA attorney for further guidance.
Envoy is pleased to provide you this information, which was prepared in collaboration with Myra Mahmud, who is a Senior Associate at Global Immigration Associates, P.C. (www.giafirm.com), Envoy’s affiliated law firm.
Content in this publication is not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult an Envoy-affiliated attorney or another qualified professional.