Presidential Proclamation Suspends Entry of Certain Chinese F and J Nonimmigrant Visa Holders

On June 1, President Trump issued a presidential proclamation that will ban the entry of certain Chinese F student visa or J trainee visa holders if they:

• Will engage in graduate study or research in the United States; AND
• They have been funded by, studied at, been employed by, or conducted research at, or on behalf of an entity in China that supports the Chinese’s government’s military civil fusion strategy.

The proclamation defines the MCF strategy as “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 does not apply to Chinese national entering in undergraduate study and students and trainees studying or research in field that do not contribute to the MCF strategy. This also does not apply to permanent residents, spouses of citizens and green card folders, and foreign nationals serving in the U.S. armed forces.

Whether this proclamation would impact those who are affected and already are currently in the United States would be decided by the State Department. The proclamation can also be broadened in the future as it further directs the agencies to review nonimmigrant and immigrant programs within 60 days and recommend any other measures that might mitigate the risk of China’s acquisition of sensitive US technologies and intellectual property.