A May 29, 2020 Presidential Proclamation suspended indefinitely the entry of certain F-1 and J-1 visa Chinese graduate students and researchers into the U.S. The ban goes into effect at noon EST on June 1, 2020.
Some members of Congress urge an even broader ban on Chinese students, but some rightly dispute whether that would benefit the U.S. China sends more foreign students to the U.S. than any other nation, and over 133,000 Chinese graduate students were enrolled at U.S. universities during the 2018-2019 academic year.
As summarized by the American Immigration Lawyers Association, the ban applies to:
graduate level and higher students and researchers from the PRC applying for visas or seeking entry into the U.S. who:
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- 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 the PRC that implements or supports the PRC’s military-civil fusion strategy.
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The Proclamation does not apply to individuals from the PRC who are:
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- Undergraduate students;
- Lawful permanent residents of the United States;
- The spouse of a United States citizen or lawful permanent resident;
- A foreign national who is a member of the United States Armed Forces and any foreign national who is a spouse or child of a member of the United States Armed Forces;
- A foreign national whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement (such as a PRC U.N. representative or expert performing a U.N. mission) or who would otherwise be allowed entry into the United States pursuant to United States obligations under applicable international agreements;
- A foreign national 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;
- A foreign national whose entry would further 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
- A foreign national whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.
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The Proclamation also authorizes the Secretary of State to determine if any Chinese citizens already in the U.S. should have their F-1 or J-1 visas revoked.
Announcement of a ban on additional categories of temporary visa holders worldwide is reportedly expected soon.