Suspension of Entry to the U.S. for Certain Chinese Nationals

On May 29, 2020, the White House issued Proclamation 100043, suspending the entry of certain Chinese nationals seeking to enter the United States on an F or J visa to study or conduct research in the United States, with some exceptions. The proclamation became effective at 12:00 pm (ET) on June 1, 2020 and remains in effect until termination by the President. In explaining the genesis of the suspension, the Proclamation notes that China "is engaged in a wide‑ranging and heavily resourced campaign to acquire sensitive United States technologies and intellectual property, in part to bolster the modernization and capability of its military, the People's Liberation Army (PLA). [China's] acquisition of sensitive United States technologies and intellectual property to modernize its military is a threat to our Nation's long-term economic vitality and the safety and security of the American people…. Thus, students or researchers from [China] studying or researching beyond the undergraduate level who are or have been associated with the PLA are at high risk of being exploited or co-opted by [Chinese] authorities and provide particular cause for concern." Citing this risk, the Proclamation states that entry of certain Chinese nations in F or J visa status would be detrimental to the interests of the United States.

The suspension applies to graduate level and higher students and researchers in F-1 or J-1 status from China applying for visas or seeking entry into the U.S. 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 China's "military-civil fusion strategy."

For the purposes of the proclamation, the term “military-civil fusion strategy” means actions by or at the behest of China to acquire and divert foreign technologies, specifically critical and emerging technologies, to incorporate into and advance China's military capabilities.

The Proclamation does not apply to those currently in the U.S. in F or J status but the Secretary of State is directed to consider whether their visas should be revoked. The Departments of State and Homeland Security are expected to provide further detail on how the proclamation will be applied and to more clearly define who is subject to the suspension of entry. The full text of the Proclamation and list of exceptions can he found at whitehouse.gov.