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Volume X, Number 193

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U.S. Suspends Entry of Certain Graduate Students and Researchers from the People’s Republic of China

On May 29, 2020, President Donald Trump issued a proclamation suspending the entry of a small subset of Chinese nationals that seek to study or conduct research in the United States, citing a threat to the “long-term economic vitality” of the United States “and the safety and security of the American people.” The accompanying press release notes that the proclamation “will not affect students who come to the United States for legitimate reasons.” The proclamation takes effect on June 1, 2020.

Specifically, the suspension is targeted at individuals on F or J visas who are associated with entities that support the “military-civil fusion strategy” of the People’s Republic of China (PRC).  The proclamation defines “military-civil fusion strategy” as any “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.” The proclamation delegates authority to the Secretary of State to establish standards and procedures for the identification of individuals that are encompassed by the proclamation.

Although the proclamation principally concerns the suspension of entry for individuals currently outside the United States, it also authorizes the revocation of existing visas for individuals present in the country. Under existing U.S. immigration law, individuals who are subject to a visa revocation may be placed in removal (deportation) proceedings.

The suspension does not apply to the following individuals:

  • Students seeking to pursue undergraduate studies;

  • Individuals on other employment-based visa classifications (H-1B, L-1, O-1, etc.);

  • Spouses of United States citizens or lawful permanent residents;

  • Members of the United States Armed Forces or their spouses or children;

  • Individuals whose travel is permitted pursuant to certain international agreements;

  • Individuals on F or J visas who will be studying or conducting research in a field that does not implicate the PRC’s “military-civil fusion strategy”; and

  • Persons “whose entry would further important United States law enforcement objectives” or otherwise “be in the national interest.”

Finally, the proclamation directs the relevant government agencies to propose any additional immigration measures that would “mitigate the risk posed by the PRC’s acquisition of sensitive United States technologies and intellectual property.”

© 2020, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume X, Number 151

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About this Author

Jacob D. Cherry, Ogletree Deakins, employment based immigration attorney, worksite compliance matters lawyer
Associate

Jacob D. Cherry is an immigration attorney in the Atlanta office.  His practice is focused on employment-based immigration and worksite compliance matters.

Jacob works with multinational organizations to secure immigration benefits for their employees and provide guidance on immigration-related compliance matters. Jacob also counsels and advises employers on the implementation of immigration programs that align with specific hiring, employee retention, and global mobility goals, and he partners with companies to develop immigration strategies to...

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Whitney Brownlow Immigration Lawyer Ogletree Deakins Law Firm Indianapolis
of Counsel

Ms. Brownlow is of counsel with Ogletree Deakins. Ms. Brownlow specializes in the management of large immigration programs across industries, including clinical research, healthcare, retail, manufacturing, telecommunications, professional services, and information technology. She is experienced with immigration policy development, management training, and immigration program strategy.

Ms. Brownlow’s practice includes the management of all aspects of U.S. corporate immigration law, including non-immigrant visas, labor certifications, and permanent residency. She oversees all aspects of employment-based visa applications, including H-1B, L-1, TN, O-1, and E-3 visas. Ms. Brownlow also manages all types of lawful permanent residence applications, including those based on labor certification (PERM), and on behalf of multinational managers and executives, outstanding professors, researchers and aliens of extraordinary ability.

Ms. Brownlow received her Bachelor of Arts in English and philosophy from The Ohio State University, graduating magna cum laude, with honors. Ms. Brownlow studied international comparative law at the University of Oxford in England and then earned her juris doctorate from The Ohio State University Moritz College of Law, where she served as managing editor of the Ohio State Journal on Dispute Resolution.

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