Rumors had been circulating for days that Trump was preparing to bar some Chinese students from entering the United States. After Trump’s drawn-out live press conference, the executive order was finally released. Let’s break down what it means. There’s also a FAQ at the end of this article. The order takes effect on June 1 and will remain in effect indefinitely unless it is revoked.

Entry Ban for Students and Researchers Tied to Military-Civil Fusion Institutions

If you are a Chinese citizen and have studied at a Chinese school connected to the military-civil fusion strategy, conducted research there, or received funding from that institution, you will not be able to enter the U.S. on an F or J visa for study or research. The only exceptions are if you meet one of the exemption conditions below (we are not listing every exemption because most of them are not very useful in practice):

  • You are coming to the U.S. for undergraduate study; or
  • Your field of study or research would not contribute to China’s military-civil fusion strategy

The Secretary of State May Revoke Visas of Affected Students Already in the U.S.

For people who meet the above definition of military-civil fusion-related students or researchers and are already in the U.S. in F or J status, the Secretary of State may consider revoking their visas. In other words, this could mean removal from the United States.

Which Schools Count as Military-Civil Fusion Institutions?

That will be determined by the Secretary of State. Once a school is classified as a military-civil fusion institution, the ban could apply regardless of your field of study. For example, even if you studied law at such a school, and even though that would not ordinarily seem related, you could still be covered by the ban.

We noticed that a prior State Department press release mentioned a list of universities compiled by an Australian organization: see it here. That list includes almost all Double First-Class universities (985), so it can be used as a preliminary reference.

The author expects that defense universities, as well as the seven former defense industry universities (Harbin Institute of Technology, Beihang University, Beijing Institute of Technology, Northwestern Polytechnical University, Nanjing University of Science and Technology, Nanjing University of Aeronautics and Astronautics, and Harbin Engineering University), are very likely to be included. It is still unclear which other schools may be covered, but if the definition above is applied strictly, many schools could be included. You can search for “military-civil fusion [university name]” to see whether there is relevant news about a specific school.

Which Majors May Qualify for an Exemption?

Visa officers will likely review cases individually. Generally speaking, humanities and other non-technical fields appear relatively safe, such as law school, MBA programs, and so on.

Miscellaneous Provision: Tighter Immigration Enforcement for Communist Party Members

At the end, the executive order instructs immigration authorities to consider stepping up enforcement of existing immigration restrictions on Communist Party members.

FAQ

Q: I studied or did research at a military-civil fusion-related school. Can I come to the U.S. for a graduate degree in a humanities field?

Yes. Fields unrelated to military-civil fusion should still be allowed, such as law school or literature. In the author’s view, those should not be restricted.

Q: I studied or did research at one of the affected schools. Can I still come to the U.S. for undergraduate study, such as a 2+2 program?

Yes. If you want to start over as an undergraduate student, that should theoretically still be possible.

Q: I did undergraduate research in a lab at one of these schools. Am I also restricted?

Yes. It does not matter whether you were formally enrolled or just did a 2-month summer research project in a lab there — you would still be covered.

Q: I am subject to this executive order, but I already have a visa and I am currently outside the U.S. Can I return?

No. Whether or not you have a valid visa, you should be denied entry.

Q: I am subject to this executive order, but I am already in the U.S. What should I do?

We do not know yet. The Secretary of State may revoke your visa, or may not. We can only wait for further developments.

Q: I studied or did research at one of the affected schools, and I have already graduated in the U.S. Can I use OPT?

If you are using OPT for research work, such as a postdoc, then it would definitely not be allowed. We do not yet know whether OPT for non-research work is also prohibited.

Q: I studied or did research at one of the affected schools and already have H1B/L status. Will this affect me?

This executive order will not affect your ability to return to the U.S., nor will it affect your green card application. Even if you are doing research on H1B, that should not be a problem.

Q: I studied or did research at one of the affected schools. Can I enter the U.S. on an F2 or other dependent visa?

Yes. This executive order only restricts entry on F or J visas for study or research, and does not affect spouses or dependents.

Postscript

It is foreseeable that, for Chinese nationals, coming to the U.S. to study or live will become more difficult. Although U.S. visa services had not yet resumed at the time, even after they do resume, getting a visa will likely become harder, and the number of applicants sent for additional administrative processing may rise sharply. Please keep that in mind. If you are already in the U.S. and your visa has expired, it is probably best not to travel back to China casually.

In addition, entering the U.S. on an F/J visa may now make it more likely that you will be sent to secondary inspection, where CBP may further examine whether you are subject to the ban. If you are booking a flight back to the U.S., be extra careful and leave yourself as much layover time as possible.