Published on June 1, 2020
President Trump signed a proclamation on May 29, 2020, limiting certain F and J international and exchange students and researchers from the People’s Republic of China (PRC) from entering the United States. Effective on June 1, 2020, at 12:00 PM EDT, the proclamation bans Chinese students and researchers from entering the U.S. in F or J student status if, (1) they are pursuing an advanced degree, including master’s or other higher degrees, or conducting research and; (2) they have received funding from, studied at, been employed by or conducted research at or on behalf of an entity in the PRC that supports the country’s 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.” Students and researchers from PRC can expect a higher likelihood of administrative processing when applying for an international or exchange student visa.
The proclamation also directs the State Department to consider whether it should cancel the visas of Chinese F and J nonimmigrants who are currently in the United States, and who would otherwise be covered by the ban.
The presidential proclamation specifically exempts lawful permanent residents, spouses of lawful permanent residents or U.S. citizens, and members of the U.S. Armed Forces, as well as spouses and children of members of the U.S. Armed Forces. Further exempted are the following: individuals traveling pursuant to international agreements; individuals studying or conducting research in a field involving information that would not contribute to the PRC’s military civil fusion strategy, as determined by the Secretary of State and the Secretary of Homeland Security; and, individuals whose entry would further important U.S. law enforcement objectives or U.S. national interest objectives.
Employers who have employees that may be impacted by the proclamation should immediately consult an immigration attorney at Ryan, Swanson & Cleveland.
Marsha Mavunkel can be reached at [email protected].
Jen Chen can be reached at [email protected].
Amy Royalty can be reached at [email protected]
Janet Cheetham can be reached at [email protected].
Joel Paget can be reached at [email protected].
Cody Nunn can be reached at [email protected].
This message has been released by the Immigration Group at Ryan, Swanson & Cleveland, PLLC to advise of recent developments in the law. Because each situation is different, this information is intended for general information purposes only and is not intended to provide legal advice on any specific facts and circumstances. Ryan, Swanson & Cleveland, PLLC is a full-service law firm located in Seattle, Washington.