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Bar for certain international F and J student visas as of this afternoon: Blog on immigration law Us Immigration

F-1 J-1 non-immigration international student visa STEM OPT Visits to the workplace of the employer

Today at noon, on June 1, 2020, certain citizens and nationals of China were banned from entering the United States pursuant to a Proclamation President Trump signed on Friday, May 29, 2020. The proclamation prevents certain Chinese nationals associated with companies in China from implementing or supporting China’s “military-civil merger strategy” from using the United States on F or J non-immigration visas. The proclamation is unlimited.

The proclamation defines “military-civilian merger strategy” as “measures by the People’s Republic of China or at its behest to acquire and redirect foreign technologies, particularly critical and emerging technologies, to incorporate and drive them forward.” [China]Military skills. “No further guidelines are given on the term” military-civil fusion strategy “.

About the F and J visas

The F-1, Academic Student Immigration Visa (F-1 Visa)is granted to foreigners wishing to enter the United States to attend a school as a full-time student in a study program at an accredited US college, university, seminar, conservatory, academic high school, elementary school, or other school or in a language training program approved by the United States government.

The J-1, Exchange Visitor Non-Immigration Visa (J-1 Visa)Allows foreign nationals to temporarily enter the United States “participate in an approved program to teach, teach, or teach, study, observe, research, counsel, demonstrate special skills, receive training, or graduate degrees to receive medical education or training. “

Who’s banned?

The application of the proclamation is limited to students and researchers from China who:

  • Funding from, or receiving funds from, studying for, or doing research with, or currently working for, the Chinese government; or
  • They were hired, studied, or researched by an institution in the Chinese government’s military-civil fusion strategy.

The proclamation does not prohibit the following people who are nationals or nationals of China from entering the United States:

  • Students;
  • Statutory permanent residents of the United States;
  • Spouses of United States citizens or lawful permanent residents of the United States;
  • United States Armed Forces and all foreigners who are spouses or children of a member of the United States Armed Forces;
  • Foreigners who travel under the United Nations Headquarters Agreement (such as the United Nations Representative of China) or another international agreement signed by the United States;
  • Foreigners studying or doing research in an area that contains information that would not contribute to China’s military-civilian merger strategy as determined by the United States government;
  • Foreigners entering the United States to pursue other law enforcement matters; or
  • Foreigners who need to enter the United States to serve certain national security interests.

To learn more about this blog post or have other immigration issues, please contact me at [email protected] or (484) 544-0022.

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