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President Donald Trump signed a proclamation Friday suspending entry of Chinese nationals seeking to enter the U.S. on an F or J visa to study or conduct research in the U.S. if they have connections to an entity in China that implements or supports the country’s “military-civil fusion strategy.” Chinese nationals coming to the U.S. to pursue undergraduate study are not subject to the restrictions.
Key points:
BAL Analysis: Entry of foreign nationals who have been physically present for a 14-day period in China is currently restricted, which means the impact of this proclamation may not be clear for some time. The restrictions on entry will apply only to Chinese nationals who are outside the U.S., though the State Department has discretion to cancel or revoke visas of individuals who are currently in the U.S. so that they cannot re-enter. If the State Department does revoke the visa of a person in the U.S., the visa revocation would only affect future travel and would not rescind the student’s status. The proclamation does not indicate whether or not the restrictions will apply to students who are seeking to enter the U.S. to work under post-graduation Optional Practical Training (OPT). BAL is continuing to review the proclamation and will provide additional analysis in the coming days.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
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