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President issues another Proclamation, this one suspending entry of certain students and researchers from China

Posted by Ryan Kosobucki | Jun 02, 2020 | 0 Comments

On May 29, 2020, President Trump issued a proclamation suspending entry of certain Chinese nationals associated with entities in China that implement or support China's “military-civil fusion strategy” from using F or J visas to enter the United States.

The proclamation took effect June 1, 2020, and will remain in effect until terminated by the President.

The Proclamation applies to graduate level and higher students and researchers from China who: receive funding from or who are currently employed by, study at, or conduct research at or on behalf of; or have been employed by, studied at, or conducted research at or on behalf of, an entity in China that implements or supports the country's “military-civil fusion strategy.”

The Proclamation does NOT apply to:

(i) any lawful permanent resident of the United States;
(ii) any alien who is the spouse of a United States citizen or lawful permanent resident;
(iii) 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;
(iv) 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 United States pursuant to United States obligations under applicable international agreements;
(v) 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);
(vi) 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
(vii) 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.

The Proclamation also states that the Secretary of State will also consider whether the visas
of Chinese nationals currently in the United States in F or J status, to which the proclamation would otherwise apply, should be revoked.

About the Author

Ryan Kosobucki

U.S. Immigration Attorney

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