White, Brian

The International Student and Scholar Office (ISSO) sent a message to UNC Charlotte students from China aimed at clarifying the presidential proclamation issued May 29.

Following is the text of that message:

Dear Students,

On Friday, May 29, 2020, President Trump issued a presidential proclamation titled: Proclamation on the Suspension of Entry as Non-immigrants of Certain Students and Researchers from the People’s Republic of China.

The Proclamation is mostly applicable to graduate level students and researchers, who are PRC nationals seeking to enter the U.S. as F/J non-immigrants or applying for an F/J U.S. visa stamp and who:

• Receive funding from or are currently employed by, study at, or conduct research at or on behalf of an entity in the PRC that  implements or supports the PRC’s military-civil fusion strategy.

or

• Were formerly 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.

While the term ‘military-civil fusion strategy’ has been defined as ‘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’, currently there is no list published by U.S. authorities of institutions or entities that meet that criteria.

It is important to know that this proclamation does NOT include:

• Undergraduate students
• U.S. Lawful Permanent Residents (aka LPRs, green card holders)
• Spouses of U.S. citizens or LPRs
• Members of the U.S. Armed Forces and any individual who is a spouse or child of a member of the U.S. Armed Forces
• Individuals whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement or who would otherwise be allowed entry into the United States pursuant to United States obligations under applicable international agreements
• Individuals studying or conducting research in a field involving information that would not contribute to the PRC’s military‑civil fusion strategy, as determined by the Secretary of State and the Secretary of Homeland Security, in consultation with the appropriate executive departments and agencies
• Individuals whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee

or

• Individuals whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.

Future Entry to the U.S.

It is also important to note that the proclamation only applies to future entry to the U.S. and  future F/J visa applications.  While it instructs the Secretary of State to consider whether PRC nationals currently in the U.S. in F/J status should have their visas revoked, the order itself doesn’t revoke any existing visas.  Most importantly, visa revocation, in and of itself, should not result in removal, deportation, or expulsion from the U.S. Rather, visa revocation means that the visa can no longer be used to enter the U.S. even if the visa appears valid and the expiration date has not yet passed (which would only impact those who depart the U.S. or are abroad at the time the visa were revoked.)

Evolving Situation

At this time, there is no information yet about how this proclamation will be executed. This is an evolving situation and we will continue to keep you updated.  In the meantime, please monitor the email accounts you used to apply for your F or J visa.  If you receive notification that your visa has been revoked, please contact the ISSO so that we can advise you accordingly.

The UNC Charlotte Global NinerNation

We realize that the tone of these proclamations may be deeply concerning to you and your loved ones. Please know that the ISSO and its professional associations work tirelessly to interpret these presidential proclamations, executive orders, and other changes in U.S. immigration while advocating for the benefits of international education.

The ISSO wishes to remind you that we support you throughout this difficult time. We appreciate the diversity of skills, cultural exchange and the many other gifts that you bring to the UNC Charlotte community. Please be in touch and let us know how we can help you.

Sincerely,

Tarek Elshayeb, Director

Denise Medeiros, Associate Director