On May 29, 2020, Donald J. Trump, President of the United States, issued his “Proclamation on the Suspension of Entry as Nonimmigrants of Certain Students and Researchers from the People’s Republic of China” (Proclamation). President Trump says that allowing certain nationals of the People’s Republic of China (PRC) to enter the United States under an F or J visa as students or researchers is not in the best interests of the United States and could be detrimental.
If you are impacted negatively as a result of this executive order, a Virginia immigration attorney might be able to help. The proclamation went into effect on June 1, 2020, and has no end date. Also, the proclamation gives the Secretary of State the discretion to revoke F or J visas of students and researchers already in the United States.
Who Is Exempt from the May 29, 2020 Proclamation?
The following groups of people are not subject to suspension or revocation of their visas or limits on their entry into the United States:
- Undergraduate students from the PRC,
- Lawful permanent residents of the United States,
- Aliens married to United States citizens or lawful permanent residents,
- Members of the United States Armed Forces who are aliens, as well as their spouses and children, and
- Aliens traveling under The United Nations Headquarters Agreement or another international agreement.
The Secretary of State and Secretary of Homeland Security Will determine:
- The fields of study and research that would not be relevant to the PRC’s military-civil fusion strategy,
- Individuals who would advance essential United States law enforcement objectives, and
- Individuals who could further the national interest.
The proclamation will not apply to people who fall into any of these three categories. Finally, the proclamation contains a recital that protects the right of individuals to legally “seek asylum, refugee status, withholding of removal, or protection under the Convention Against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment.” Proclamation, Sec. 2(b).
The New Restrictions
All persons who are Nationals of the PRC and want to enter the United States under an F or J visa will have their entry into the United States suspended and limited if they:
- Do not fall under one of the exemptions, and
- Want to study or conduct research in the United States, and
- Have a prohibited connection with the PRC’s “military-civil fusion strategy.”
Prohibited connections with the PRC’s “military-civil fusion strategy” include:
- Receiving funding from,
- Studying at (currently or in the past),
- Being employed by (currently or in the past), or
- Conducting research (currently or in the past)
any organization that engages in or promotes the PRC’s “military-civil fusion strategy.” The proclamation defines this strategy as the PRC obtaining critical and emerging technologies from countries outside of China so that the PRC can incorporate those technologies into the PRC’s military capabilities, thereby improving the People’s Liberation army.
This proclamation applies to vast numbers of people in the United States who have F or J visas.
Contact our team today. A Virginia immigration attorney can provide advice, guidance, and advocacy on your behalf.
Posted in: Immigration
posted on: June 25, 2020