What Does the Chinese Entry Ban Mean for Me?
President Trump issued a presidential proclamation last summer that suspends entry to the US of, or visa issuance to, F and J graduate students and researchers from China who have a current or previous connection—through funding, employment, study, or research—to a Chinese entity associated with China’s “military-civil fusion strategy.”
The Proclamation should not impact the majority of Chinese students and scholars travelling to the US for legitimate academic and research activities. The Proclamation exempts all undergraduate students from China, as well as Chinese graduate students and researchers studying and conducting research in non STEM or fields unrelated to fusion technology. ISSO will continue to update this page as well as our news story on the proclamation.
The proclamation is intended to identify and deny entry to Chinese nationals seeking to acquire and divert foreign technologies, specifically critical and emerging technologies, to advance the PRC’s military capabilities. While the US Department of State has not provided clarification as to how the proclamation is being implemented, state officials stressed at a senior state department briefings that the United States will continue to welcome all legitimate students and scholars from the PRC for study and research and that this ban will not target the vast majority of Chinese students.
Since student visa processing in China resumed in early May, it appears Consular Officials are reviewing visa applications from graduate students planning to study certain in fields to determine if they have or have had an affiliation with a PRC entity promoting military civil fusion strategy. We do not know which fields of study may to flagged for additional review and the US Department of State has not published a list of Chinese entities of concern. However, it is important to note that the US Department of State visa application process already results in lengthy processing delays due to administrative security clearances for prospective students studying in sensitive technologies. While this proclamation may increase visa processing times in China and may mean a slight increase in visa denials, we hope it will not have a significant impact to most of our Chinese students and scholars.
Impact on new graduate students and research scholars from China
The vast majority of F and J visa applications are approved. You should plan to answer questions during your visa interview regarding your educational background, your source of funding and your plans to study and conduct research in the US. Please see more guidance on the visa application process from the ISSO website.
We expect you will have a successful visa application, especially if you have not studied in a field related to military-civil fusion strategy, you do not intend to study in a field related to military-civil fusion strategy and you have had no affiliation with a military entity in China. You should be careful to clearly articulate your intended field of study and its non-military applications if asked, document your source of funding and your intent to return to your home country after you complete your studies.
If however, you have studied in a field related to military-civil fusion strategy or you have had a previous affiliation with a military entity in China, you should expect your application will require additional review and security clearances. You may be asked to provide supplementary documentation and explanations as to your study and research plans and to further document your source of funding, explain your affiliation with PRC entities and your intentions after you complete your studies. A visa application may be denied because the consular officer does not have all of the information required to determine if the applicant is eligible to receive a visa, because the applicant does not qualify for the visa category for which he or she applied, or because the information reviewed indicates the applicant falls within the scope of one of the inadmissibility or ineligibility grounds of the law. An applicant’s current and/or past actions, such as drug or criminal activities, as examples, may make the applicant ineligible for a visa. This Proclamation now indicates that your visa application may also be denied based on your affiliation to a PRC entity promoting military-civil fusion strategy.
If denied a visa, in most cases the applicant is notified of the section of law which applies. Visa applicants are also advised by the consular officer if they may apply for a waiver of their ineligibility. For more information, review the visa ineligibilities in the Immigration and Nationality Act (INA). Please email the admission team at the ISSO at issogac@bu.edu should you have additional questions.
Impact on current graduate students and research scholars from China
If you are not studying in a field related to military-civil fusion strategy and you have had no affiliation with a military entity in China, then we hope this proclamation will have limited impact.
However, if you are studying or conducting research in a field related to military-civil fusion strategy or, if you have had a previous affiliation with a military entity in China, you may want to postpone any plans to depart the US during this time, especially if your F or J visa has expired.
Furthermore, if you have had a previous affiliation with a military entity in China and you have traveled home, you should expect your application will require additional review and security clearances. You may be asked to provide supplementary documentation and explanations as to your study and research plans and to further document your source of funding, explain your affiliation with PRC entities and your intentions after you complete your studies. A visa application may be denied because the consular officer does not have all of the information required to determine if the applicant is eligible to receive a visa, because the applicant does not qualify for the visa category for which he or she applied, or because the information reviewed indicates the applicant falls within the scope of one of the inadmissibility or ineligibility grounds of the law. An applicant’s current and/or past actions, such as drug or criminal activities, as examples, may also make the applicant ineligible for a visa. This Proclamation now indicates that your visa application may also be denied based on your affiliation to a PRC entity promoting military-civil fusion strategy.
It is unclear if the US Department of State will decide to revoke the F and J visas of current graduate students and researchers. However, keep in mind that a visa is a travel document that allows an individual to enter the US. Once you have been admitted to the US in a nonimmigrant status, you are eligible to remain in the US provided you are maintaining valid status. If your visa were to be revoked, it would likely be done by the U.S. Embassy/Consulate that issued your visa. In most cases, you would receive a notification from them via the e-mail you reflected on the DS-160 visa application. Generally, a visa revocation does not result in removal from the United States. It means that your visa would be canceled, and you would have to apply for a new visa the next time you depart the United States. If you are notified that your visa has been revoked based on this Proclamation, you would likely have great difficulty obtaining an new F or J visa in the future so you must continue to maintain your nonimmigrant status and remain in the US until you complete your program. It is critical that you contact your ISSO advisor immediately if you receive any documentation from the US Department of State regarding your current visa.
Impact on graduate students on OPT or STEM OPT
It is also unclear if this Proclamation will also impact visa eligibility for F-1 students on post completion Optional Practical Training (OPT) and STEM OPT, so we would discourage travel outside of the US if you are studying in a field that could be considered a sensitive technology until we receive more specific information and guidance from the Department of Homeland Security and Department of State.
What can Boston University do to help me with my visa application in light of this proclamation?
Boston University can make sure you have the appropriate immigration documentation you need to apply for the visa. A visa application is an individual petition where you must demonstrate your eligibility to travel to the US. Your previous travel, your intended field of study and previous academic coursework will be reviewed as part of the application. You may wish to bring an undergraduate transcript outlining your classes. Unfortunately, Boston University cannot assist you to clarify previous coursework, attest to your planned activities in the US nor to your eligibility for a visa.
The US Department of State has not published a list of academic institutions or fields of study they will target so Boston University cannot assess your eligibility for a visa based on this proclamation or provide any additional supporting documentation.
The US Department of State has the sole discretion to adjudicate a visa application. Boston University is a private higher education institution and has no legal authority to intervene in your visa application. If you do receive a denial and you choose to reapply, you may wish to consult an experienced immigration attorney for assistance.
The vast majority of F and J visa applications are approved. You should plan to answer questions during your visa interview regarding your educational background, your source of funding and your plans to study and conduct research in the US. Please see more guidance on the visa application process from the ISSO website.
The ISSO and other University offices will continue to monitor this situation and update our guidance. As always, please contact the ISSO staff should you have any questions regarding your visa or your immigration status.
