Presidential Proclamation Suspending Entry as Nonimmigrants of Certain Students and Researchers from the People’s Republic of China

Presidential Proclamation Suspending Entry as Nonimmigrants of Certain Students and Researchers from the People’s Republic of China

On May 29, 2020, Donald Trump, President of the United States of America, issued a presidential proclamation to suspend the entry of certain students and researchers as Nonimmigrants (F-1 or J-1) from the People’s Republic of China (PRC). The proclamation is effective 12:00 p.m. eastern daylight time on June 01, 2020.

Below is our analysis of the executive order:

        I. Who will be affected?

• Proclamation affects graduate level or higher level students (Ph.D. scholars, post-doc researchers) from the People’s Republic of China from applying for F-1 or J-1 visas or seeking entry into the United States based on those visas to study or conduct research and who are or had been associated with the PRC’s entities which implement or support PRC’s “military-civil fusion strategy”
  • A graduate level or higher-level student will be considered associated with a PRC entity with supports PRC’s “military-civil fusion strategy”, if:
    (a) The student or researcher currently receives or received funding from such an entity; or

    (b) The student or researcher is currently employed or was employed by such an entity; or

    (c) The student or researcher currently studies at or studied at such an entity; or,

    (d) The student or researcher conducts or conducted research at or on behalf of such an entity.

• As defined in the proclamation, “military-civil fusion strategy” 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.”

  II. Who is exempted?

• Chinese undergraduate students.
• Any alien who is 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, in consultation with the appropriate executive departments and agencies (agencies);
• Any lawful permanent resident of the United States;
• Any alien who is the spouse of a United States citizen or lawful permanent resident;
• Any alien who is a member of the United States Armed Forces;
• Any alien who is a spouse or child of a member of the United States 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 United States pursuant to United States obligations under applicable international agreements;
• Any alien whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee;
• 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.
• This proclamation does not limit an individual’s ability to seek asylum, refugee status, withholding of removal, or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, consistent with the laws of the United States.

  III. When will the order terminate?

• The proclamation shall remain in effect until terminated by the President.

  IV. What will be the effect of this proclamation on current Non-immigrants (F-1 or J-1) from PRC who are in the United States of America?

• The proclamation requires the Secretary of State to consider, whether nationals of the PRC currently in the United States on F-1 or J-1 visas and who otherwise meet the criteria described in section 1 of the proclamation should have their visas revoked.

  V. What are the future implications of this order?

• Within 60 days of June 01, 2020, the President may adopt measures relating to any other immigrant and non-immigrant visa programs to mitigate any risk posed by the PRC’s acquisition of sensitive United States technologies and intellectual property. Accordingly, other immigrant and non-immigrant visa holders or issuance of such visas to the Chinese nationals may be impacted in the near future.

Please note, according to the USCIS announcement dated May 27, 2020, USCIS is planning to reopen some domestic offices and resume non-emergency public services on or after June 4, 2020. USCIS is also going to resume premium processing for I-140 and I-129 petitions in batches starting June 1, 2020. In addition, the United States Consulates abroad have suspended routine visa processing and are only providing emergency services.

Please refer to our latest blogs on our website www.ahluwalialaw.com. We regularly update the blog section on our website as soon as any new information is available.

Latest Article:

1. https://www.ahluwalialaw.com/covid-19-update-uscis-to-assume-premium-processing-for-certain-category-of-petitions/ (Date of Publication: May 29, 2020).

Disclaimer

This article aims to provide new information concerning recent Presidential proclamation and its effect on the aliens from PRC. This article, under no circumstances, acts as legal advice; therefore, for any proclamation or any immigration questions, please contact your Attorney or the Ahluwalia Law Offices, P.C. (Team ALO).