President Trump’s administration announced a proclamation effective June 1, 2020 suspending the entry of non-immigrants of certain students and researchers entering the United States from the People’s Republic of China. This measure was implemented according to the proclamation as a way to limit the “PRC’s acquisition of sensitive United States technologies and intellectual property to modernize its military.”

According to the proclamation, this limitation affects any national of China from seeking to enter the United States based on F or J visa studies or for the purpose of conducting research in the United States.

The term “military-civil fusion strategy” means according to the Trump Administration, “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.”

This proclamation will not affect (1) any lawful permanent resident of the United States; (2) any alien who is the spouse of a United States citizen or lawful permanent resident; (3) any alien who is a member of the United States Armed Forces and any alien who is a spouse or child of a member of the United States Armed Forces; (4) any alien whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement or who would otherwise be al- lowed entry into the United States pursuant to United States obligations under applicable international agreements; (5) 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); (6) 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; or (7) 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 also will not affect the ability of those to seek asylum, refugee status, or withholding of removal and those seeking protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

If you or someone you know may be affected by this proclamation, please reach out to your attorney or contact us at ILBSG.

 

White House Source:

https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-nonimmigrants-certain-students-researchers-peoples-republic-china/