On Friday, May 29th, President Trump issued a proclamation restricting the admission of certain Chinese graduate students and researchers to the United States, effective June 1st.
 
Validity Period 

This proclamation was issued with indefinite validity, remaining in effect until affirmatively terminated by the President. 
 
Scope of Restriction 

The proclamation applies only to graduate students who are applying for an F or J nonimmigrant visa and who are now or in the past have received funding from, been employed by, studied at, or conducted research at or on behalf of an entity in the People’s Republic of China (PRC) that implements or supports the PRC’s “military-civil fusion strategy.” 

The “military-civil fusion strategy” is defined 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.” 

Exceptions 

The President’s proclamation does not apply to: 

• U.S. lawful permanent residents; 
• Spouses of U.S. citizens or lawful permanent residents; or 
• Others who may be designated by the Department of State and/or the Department of Homeland Security as not a threat to the United States. 

The proclamation also does not restrict applicants for refugee or asylum status. 

Travel Caution 

While the President’s proclamation does not currently apply to students who are already present in the United States, it involves the “suspension of entry” into the United States as opposed to “visa issuance.”  Because of the restriction on entry, which presumably includes reentry, in the absence of further guidance, Chinese graduate students already present in the United States may wish to reevaluate any international travel plans they may have made for the summer.  The proclamation is in effect until further notice, so it is possible that graduate students who depart the United States could be inspected more closely upon return and, in the event that ties are found to the “military-civil fusion strategy,” could be prevented from reentering the United States to resume their studies. 

Future Restrictions Possible 

Though the scope of the initial restrictions that take effect June 1st is limited, the President has called on the Secretaries of the Departments of State and Homeland Security to evaluate and advise within 60 days whether further restrictions may be warranted. 

Foster will continue to track changes in immigration law and procedure, as well as the ongoing impacts of the President’s proclamation, and will make additional updates available via our firm’s website at www.fosterglobal.com.