Recently, the American administration issued a presidential proclamation aimed at restricting Chinese students from entering the U.S. But what does this mean exactly and how will it affect Chinese students looking to return to studies abroad?
This directive from the top will undoubtedly leave many students scrambling, as there were more than 360,000 students from China enrolled in American universities as of the previous academic year.
In fact, in terms of foreign students studying abroad, China leads the way in the U.S. according to numbers cited by Jean Danhong Chen, who leads an international legal team focusing on immigration law. The team has secured more than 10,000 visas and green cards for clients across every state.
Who Will This Proclamation Affect?
The proclamation is aimed at denying visas to those enrolled in "F" or "J" status graduate programs—specifically those associated with the People's Republic of China (PRC) who have been involved with "military-civil fusion strategy," explains Jean Danhong Chen. The belief driving the changes is that some of these students will acquire foreign technologies that may benefit the PRC's military.
The proclamation, which was due to come into effect June 1, 2020, notes that while the ban is for an F or J visa (for those looking to conduct research in the U.S.), it excepts undergraduates.
The proclamation may also affect those in these categories that have already been issued visas, meaning they wouldn't be allowed entry until a new visa is issued.
Whether this affects those looking to work in the U.S. as part of post-grad Optional Practical Training remains to be seen. However, the proclamation does state that those who are employed or funded by a PRC agency that supports the military-civil fusion strategy is also suspended from entry until further notice.
Those Studying Inside U.S. With Valid Visas Not Affected
While it limits Chinese students from entering the U.S., those who are already studying in the country that receive a notice of visa revocation may not be affected as they were already granted permission to be in the country as a student for a set amount of time.
In other words, says Jean Danhong Chen, as long as the student is still enrolled in study in the U.S., their legal immigration status should not be affected.
For PRC students that are currently not in the U.S. but plan to return to graduate studies in the U.S., how this proclamation will be implemented is not completely clear yet.Itmight mean being denied access at the consular office level.
Don't Be Discouraged From Making Applications, Says Jean Danhong Chen
Currently, graduate students in China that want to apply for a student visa are not allowed due to COVID-19, which ispart of international restrictions and not the proclamation, explains Jean Danhong Chen, who adds the restriction will inevitably lift. That means it shouldn't stop Chinese students from starting the application process, or at least looking more closely at their options.
The U.S. also benefits from Chinese talent for its own operations — which means the proclamation should not discourage those in China looking to pursue graduate studies and possible employment abroad.
Chinese students and entities make investments in U.S. universities. More specifically, while more than a third of the international students pursuing studies in the U.S. are from China, these students are responsible for adding more than $13 billion to the U.S. economy that has taken a major hit in recent months.
While waiting for the restrictions to play out, PRC students keen on studying in the U.S. at the graduate level can consult an immigration firm that has specific experience in U.S./China visas, adds the immigration lawyer.
That will get the ball rolling while providing important information, which will more easily allow students to navigate the recent changes and to continue their graduate studies in the future to achieve their overall goals, explains Jean Danhong Chen.
