Presidential Proclamation to Suspend Entry of Certain Chinese Nationals Seeking F or J Status
May 29, 2020
President Trump has issued a Proclamation suspending entry of certain Chinese nationals seeking to enter the U.S. pursuant to an F or J visa to study or conduct research in the United States. The Proclamation specifically targets such Chinese nationals who are at the graduate level or above and are seeking to study or conduct research in support of China’s Military-Civil Fusion (MCF) strategy. The Proclamation will go into effect at 12 p.m. EDT on Monday, June 1, 2020 and will remain in effect until terminated by the President.
President Trump framed the Proclamation as safeguarding national security by dismantling China’s ability to use graduate students to steal intellectual property and technology from the United States. The Proclamation defines the term “MCF strategy” as actions by or at the behest of the People’s Republic of China (PRC) to acquire and divert foreign technologies, specifically critical and emerging technologies, to incorporate into and advance the PRC’s military capabilities.
The Secretary of State is charged with implementing the Proclamation, which does not apply to Chinese nationals who are currently in the United States pursuant to an F or J visa. However, the Proclamation says the Secretary of State will consider whether those Chinese nationals currently in the U.S. who fit the above-listed parameters should have their visas revoked.
Further, the Proclamation calls for the Secretary of State and the Secretary of Homeland Security to review both nonimmigrant and immigrant programs within 60 days from June 1 and recommend to the President any other actions “that would mitigate the risk posed by the PRC’s acquisition of sensitive United States technologies and intellectual property.”
The Proclamation does not include lawful permanent residents of the U.S. nor the spouses of U.S. citizens or lawful permanent residents, and also specifically excludes Chinese nationals at the undergraduate level.