On May 29, 2020, President Trump announced that the U.S. will be suspending entry of certain Non-Immigrants from the PRC into the U.S. The ban includes certain Chinese Students and Researchers. This Proclamation will become effective on June 1, 2020 at 12pm EDT.

The purpose of the proclamation is to prohibit certain Chinese nationals who are in F or J nonimmigrant status if: (1) they will engage in graduate study or research in the U.S.; and (2) if they have ties or are associated with entities that support PRC Military Initiatives. These Military Initiatives include any ties such as such as supporting, receiving funding by, studied at, been employed by or conducted research at or on behalf of an entity in the PRC that supports the Chinese government’s military-civil fusion (MCF) strategy. MCF strategy is defined by the proclamation 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.”

Who is Exempt?

Exemptions from the ban are available for Chinese nationals entering the U.S. to engage in undergraduate study, Chinese Fs and Js studying or researching in fields (fields not defined in proclamation) that do not contribute to the MCF strategy, as determined by DHS, DOS and DOJ., as well as U.S. lawful permanent residents, spouses of U.S. citizens and lawful permanent residents, foreign nationals in the U.S. armed forces (as well as their spouses and children), and foreign nationals whose entry would further important U.S. law enforcement objectives or is in the U.S. national interest. The proclamation also exempts those studying or researching in fields not deemed to advance China’s MCF strategy.

Department of State Directives

State Agencies such as the Department of Homeland Security (DHS) and Department of State (DOS) are directed to determine whether to cancel the visas of Chinese F and J non-immigrants. Earlier reports have indicated that the proclamation would directly cancel those visas; however, DOS and DHS are now directed to consider issuing updated regulations concerning inadmissibility to the U.S. on the basis of membership in a Militia. Agencies are also directed to review nonimmigrant and immigrant programs within 60 days of the Proclamation and recommend any other measures, indicating that the ban could be broadened.