On May 29, 2020, President Trump issued a proclamation
suspending the issuance of F-1 and J-1 visas, and thus the entry
into the U.S. as nonimmigrants of certain students and researchers
from the People's Republic of China (PRC). The proclamation
charges that the PRC uses Chinese post-graduate and post-doctorate
researchers to collect U.S. intellectual property. The proclamation
went into effect on Monday, June 1, at 12:00 p.m. Eastern Standard
Time and will remain in effect until terminated by the
What kinds of students and researchers are affected by this
The proclamation suspends the entry of Chinese nationals seeking
to enter the U.S. on an F or J visa to conduct post-graduate or
post-doctorate studies or research, and who receive funding from,
or who are currently employed by, or study at or conduct research
on behalf of any entity in China that supports the PRC
government's “military-civil fusion strategy.” This
also applies to any Chinese national student or researcher who
performed in any of these capacities in the past and is seeking to
pursue post-graduate or post-doctorate studies or research in the
What is the PRC's “military-civil fusion
According to the proclamation, this 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.” A
Department of State note published in March 2020 deems this
military-civil fusion strategy a global security threat because its
aim is to give the Chinese Communist Party the most advanced
military in the world by 2049.1
What kinds of students and researchers are not
The proclamation does not apply to:
- Any lawful permanent resident of the United States.
- Any alien who is the spouse of a U.S. citizen or lawful
- Any alien who is a member of the U.S. Armed Forces and any
alien who is a spouse or child of a member of the U.S. Armed
- 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 U.S. pursuant to U.S obligations under
- Any alien who is studying or conducting research in a field
involving information that would not contribute to the PRC's
military-civil strategy, as determined by the Secretary of State
and the Secretary of Homeland Security.
- Any alien whose entry would further important U.S. law
enforcement objectives as determined by the Secretary of State, the
Secretary of Homeland Security, or their respective designees.
- 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.
Does the proclamation have an expiration date?
As stated above, the proclamation will remain in effect until
terminated by the President.
Are future restrictions on Chinese national students and
Section 6.b. of the proclamation requires that the Secretary of
State and the Secretary of Homeland Security review nonimmigrant
and immigrant programs and provide recommendations to the President
on other measures that would mitigate the risk posed by the
PRC's acquisition of sensitive U.S. technologies and
What are the potential implications of this proclamation for
Chinese nationals wishing to study, research, or work in the United
As the proclamation defines “military-civil fusion
strategy” broadly and allows the Department of State (DOS) to
decide whose visas should be revoked, the scope and reach is
potentially quite wide. Chinese students seeking to come to the
U.S. may experience additional delays at US Consulates.
More concerning, immigrant workers on H-1B, L-1, or O-1 visas
are not listed as exempt in this proclamation. At this time, it is
not clear what the implications are of this omission but we will
provide updates as we learn more.
Where can I find the complete text of the proclamation?
The proclamation can be found on the White House's
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