On May 29, 2020, President Trump issued yet another immigration-related Executive Order. This one is entitled, “Proclamation on the Suspension of Entry as Nonimmigrants of Certain Students and Researchers from the People’s Republic of China,” and can be found here.
The proclamation goes into effect today, June 1, 2020, and its stated purpose is to restrict certain Chinese nationals from entering the United States on F Student visas or J Exchange Visitor visas associated with entities in the People’s Republic of China (PRC) that implement or support China’s “military-civil fusion strategy”.
The Proclamation applies to graduate level students and researchers from the PRC applying for visas or seeking entry into the U.S. who:
(A) receive funding from or who are currently employed by, study at, or conduct research at or on behalf of; or (B) have been employed by, studied at, or conducted research at or on behalf of, an entity in the PRC that implements or supports the PRC’s military-civil fusion strategy.
Additionally, the Secretary of State will also consider whether the visas of PRC nationals already in F or J status, to which the executive order would otherwise apply, should be revoked pursuant to INA section 221(i).
The order excluded the following individuals:
- Any Lawful Permanent Resident of the United States;
- Any alien who is the spouse of a U.S. Citizen or U.S. Lawful Permanent Resident;
- Any alien who is a member of the U.S. Armed Forces or who is the spouse or child of a member of the U.S. Armed Forces;
- Any alien whose travel falls within the scope of Section 11 of the United Nations Headquarters Agreement;
- Any alien who is studying or conducting research in a field involving information that would not contribute to the Chinese military-civil fusion strategy, as determined by the Secretary of State and the Secretary of Homeland Security;
- Any alien whose entry is important for U.S. law enforcement objectives;
- Any alien whose entry would be in the national interest.
The short-term and long-term impact of the Executive Order on the STEM fields in general and diplomatic relations between the two nations is now in question. Chinese students should speak to their Student Advisors regarding this new Executive Order and how it will impact their ability to study in the United States.
Mr. Harley is a Partner in the Immigration Practice Group at Fox Rothschild LLP. Mr. Harley’s practice covers the United States and Consulates worldwide. Mr. Harley is based in our Pittsburgh, Pennsylvania office. He can be reached at firstname.lastname@example.org or at 412-391-2418.