1. The Trump Ban on Chinese Graduate and Postgraduate Students – Am I Affected?
I am from China and on an F-1 visa. I heard that Pres. Trump last week declared that Chinese students who study in graduate or postgraduate programs can no longer come to the United States, and that those already here could have their visas revoked. Should I be alarmed since I am here in a graduate program on F-1 visa?
Dear reader,
Pres. Trump signed a presidential proclamation on May 29, 2020 taking effect on June 1, 2020, barring the entry of F-1 and J-1 students from China in graduate and postgraduate programs who will be studying or conducting research in a field involving information that could contribute to China’s military-civil fusion strategy who either receives funding or has been or is currently employed by, studied or studies at, or conducted or conducts research on behalf of an entity in the PRC that implements or supports the PRC’s military-civil fusion strategy, such being 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. There are a list of exceptions with probably the most relevant being that the bar does not apply to a person studying or conducting research in a field that would not contribute to the PRC’s military-civil fusion strategy. The New York Times said in an article that the People’s liberation Army has ties to military Institutes and defense research schools as well as seven more traditional universities which were identified in another website as Beijing Institute of Technology, Beihang University, Harbin Engineering University, Harbin Institute of Technology, Nanjing University of Aeronautics and Astronautics, Nanjing University of Science and Technology, and Northwestern Polytechnical University.
So unless you fall within one of these categories, you should not worry about this ban.
2. Having a Tough Time Leaving the Country After Obtaining Voluntary Departure – How Can I Leave on Time to China?
I had a deportation hearing and I through my lawyer was given involuntary departure by the immigration judge until June 22, 2020. The problem is that I am finding it very difficult to find a flight that goes to China. I did get a reservation on one the other day, but that flight was canceled. If I do not leave on time, I will have an order of removal against me. What can I do?
Dear reader,
There appear to be twin difficulties here, one being the coronavirus which has limited the number of flights coming and going to the United States, and Pres. Trump’s announcement on June 3, 2020, that he will ban all commercial passenger flights by Chinese carriers. That certainly limits the available number of flights even further. The ban is to take effect on June 16. Assuming that you and your lawyer are intent upon you leaving the US on time, you may also immediately begin exploring airlines of other countries that can take you out of the country and hopefully will not cancel the flights. Please understand also that you do not necessarily have to go to China. You can go to any other country in which you have permission to land. As a last resort, you and your attorney can request an extension of voluntary departure by ICE, but you should recognize that government services have been hit and miss during the coronavirus. You would have good cause to request an extension, but that would be leaving it up to an ICE officer’s discretion.
3. What is the Notice of Filing and Why is my Lawyer Telling Me that She Cannot File my Labor Certification Application Because my Company is Closed and Cannot Post the Notice?
I have a labor certification case for the green card stuck with my lawyer who has not filed my labor certification application up to this date. I spoke with her recently and she said that all of the pre-recruitment had been done, but she could not file because the company could not post something called a notice of filing in its office which is presently closed because of the coronavirus. Is this true or is my lawyer just giving excuses because she does not want to work?
Dear reader,
It appears that your attorney is giving you correct counsel. Required notices of filing inform people in the office and in the occupation that an organization is sponsoring someone for immigration purposes who may wish to inquire about the position or to complain to the Department of Labor. Unlike notices of filing in nonimmigrant H-1B cases which can be done electronically, PERM labor certification applications for the green card require a physical posting at the workplace for 10 business days. The Department of Labor has given an exception to the time rules because of the coronavirus in saying that it will accept notices of filing posted within 60 days after the 180 day period of recruitment has passed as long as the employer started the recruitment within 180 days before March 13, 2020. As your attorney has already informed you that all of the other recruitment was finished, I assume that your case is only being held up because of the problem caused by the coronavirus.
4. Besides the Ban on Chinese Graduate and Post graduate Students, What Other Bans are There by Pres. Trump on People from China?
I heard about Pres. Trump’s new ban on Chinese graduate and post-graduate students. How many other bans does he have for people from China? I would like to know since I’m planning to come to the US on a working visa in the future.
Dear reader,
Currently there appear to be two other travel bans affecting persons coming from China. The first is a presidential proclamation in April that suspends persons coming to the United States to immigrate for 60 days and any extensions thereafter, but does not apply to nonimmigrant visa holders along with a number of other exceptions. A second ban prevents persons from China who have been in China, Hong Kong or Macau during the 14 day period before their attempt to travel to the US. For purposes of the latter ban, it does not apply to US citizens, LPR’s, spouses of US citizens or permanent residents, parents or legal guardians of US citizens or LPRs who are unmarried and under the age of 21, and siblings of US citizens or permanent residents if they are unmarried and under the age of 21. Those who are exempt from the second ban and coming in from the affected areas must land at one of 13 airports around the country.