On May 29th, 2020 President Trump signed a Presidential Proclamation limiting the entry of some Chinese students and scholars on F or J visas into the US.
The Frequently Asked Questions (FAQs) below provide more information. The FAQs will be updated as more information is available.
Most Chinese graduate students and scholars at UCSB will NOT be impacted by this proclamation, however, some may be at risk. This proclamation specifically applies to Chinese graduate students and researchers who are affiliated with China’s “military-civil fusion strategy.”
For purposes of this proclamation, “affiliated with” means a person who:
- is currently receiving funding; employed by; studying at; conducting research at or on behalf of, or
- has been an employee or or student of, or has conducted research at or on behalf of such an entity in the past.
This proclamation primarily targets Chinese scholars or researchers planning to enter the US. However, it may apply to people already in the US on a F or J visa who meet the criteria above.
The Department of State and the Department of Homeland Security have been given 60 days to recommend additional measures to “mitigate the risk posed by the PRC’s acquisition of sensitive US technologies and intellectual property.”
UCSB is still analyzing this proclamation and its implementation. At this time we are not aware of the specific entities or areas of study and research that this proclamation covers.
UC Santa Barbara and OISS value the presence of international students and scholars as important members of our academic and research community and we welcome you here.
FAQs:
Under the proclamation, "the term “military-civil fusion strategy” (MCF) means 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 U.S. government has not yet published a list of entities that support the PRC’s military-civil fusion strategy. We will continue to monitor the situation and will provide updates if/when a list becomes available.
Key technologies being targeted under MCF include quantum computing, big data, semiconductors, 5G, advanced nuclear technology, aerospace technology, and AI. According to the U.S. Department of State, the PRC specifically seeks to exploit the inherent ‘dual-use’ nature of many of these technologies, which have both military and civilian applications.
No. Section 1 of the proclamation wholly exempts students pursuing undergraduate study.
The Proclamation has provisions that may make it applicable to nationals already in the US on a F or J visa and who otherwise meet the criteria identified in the proclamation through a review and revocation of their visas by the Department of State.
A visa is a travel document – it allows an individual to travel and apply to enter the United States, and is only for travel. If an individual’s visa is revoked, then he or she cannot travel to the United States. The authorization an individual receives when first entering the country is not affected by the visa revocation as long as the person maintains their status. In theory a visa revocation can be used as the basis to put someone in removal proceedings.
The proclamation may affect any national of the PRC seeking to enter the United States pursuant to an F or J visa to study or conduct research in the United States who either:
- Currently "receives funding from or who currently is employed by, studies at, or conducts research at or on behalf of... an entity in the PRC that implements or supports the PRC’s 'military-civil fusion strategy'," or
- In the past "has been employed by, studied at, or conducted research at or on behalf of... an entity in the PRC that implements or supports the PRC’s 'military-civil fusion strategy'"
This could include graduate students, postdoctoral researchers, visiting scholars, and any other students or researchers (other than undergraduates) who meet the criteria above.
The Secretary of State (Mike Pompeo) or his designee has the authority to make the determination of who is impacted, in his sole discretion. In reality, this means that consular officers at U.S. consular posts worldwide will be charged with this determination.