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Presidential Proclamation on Non-Immigrant Visas

Today, President Trump signed an executive order curtailing H-1B, H-2B, H-4, L, and certain J visas, as well as immigrant visas, through December 31, 2020: “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak”.

Limited exemptions may be provided for those working in the food supply chain, as well as limited national security exemptions as determined by the Secretaries of State and Homeland Security. Also exempted under Sec. 4(a)(i) are persons providing medical care for COVID-19 patients or conducting medical research to combat COVID-19. With regards to J visas, professors, alien physicians, and research scholars appear to be exempt.

The proclamation applies only to persons who are outside the United States and who do not hold a valid non-immigrant visa or official permission to travel as of June 24, 2020.

The full text of the proclamation is available here. Our office is actively working with our partners to better understand the scope of this proclamation, and will update this post as new information becomes available.

US Supreme Court Preserves DACA

Today, the US Supreme Court ruled to keep DACA in place, finding the rescission of DACA to be “arbitrary and capricious”. The decision was based on the Department of Homeland Security’s failure to comply with the Administrative Procedure Act and provide reasoned explanation. The Administration could potentially make other attempts to end the program in the future.

The full decision is available here.

Statement Regarding Presidential Proclamation on the Suspension of Entry as Nonimmigrants of Certain Students and Researchers from the People’s Republic of China

We are writing to share information and next steps regarding the May 29, 2020 proclamation from the Trump Administration. The University of Washington is partnering across and beyond the University to gain clarity around this proclamation and better understand its impact on Chinese students, scholars and faculty. These efforts are led by the UW Offices of Federal RelationsGlobal AffairsGraduate School, and Research.

Overview of the proclamation

  • The proclamation asserts that “students or researchers from the PRC studying or researching beyond the undergraduate level who are or have been associated with the [People’s Liberation Army] PLA are at high risk of being exploited or co-opted by the [People’s Republic of China] PRC authorities.”
  • It forbids the entry of “any national of the PRC seeking to enter the U.S. pursuant to an F or J visa to study or conduct research” who is or has been affiliated with an “entity in the PRC that implements or supports the PRC’s ‘military-civil fusion strategy’.”
  • This could mean that UW students or scholars with current or previous affiliation to Chinese institutions identified as high risk by the U.S. Department of State could be denied entry to the U.S. or flagged for additional screening. No information has thus far been provided about which institutions are or will be deemed high risk, or how this determination will be made.
  • It is our understanding that the determination will be made at the consulate/embassy level when an individual applies for a visa, and therefore institutions will not need to consider, review, or attempt to determine who meets the unknown criteria for this category.
  • It is expected that these decisions will impact new visa applications only. However, the proclamation may provide additional discretion to cancel/revoke visas already issued for students in the U.S.
  • NAFSA also has posted information about this new proclamation on their page.

Our commitment to Chinese students and scholars

  • The UW is committed to continuing our mission as a global university and to supporting all members of our community, no matter where they call home.
  • We will continue to admit and welcome Chinese students and scholars, and we will use the resources at our disposal to support our community members in obtaining appropriate and necessary documentation to enter the country and study on our campus.

Next steps

  • We will issue updates to the UW community as more information becomes available.
  • We ask that Chinese students and scholars remain in open communication with us.
  • Please share any official written or email communications received from the U.S. Department of State or Department of Homeland Security relating to this matter with the UW Office of Global Affairs at uwoga@uw.edu AND International Student Services or Office of Academic Personnel. This will allow us to monitor trends and understand the implementation of this proclamation so that we can better assist and advocate on behalf of our community members.

Respectively,

Sarah Castro, Director of Federal Relations

Mary Lidstrom, Vice Provost for Research

Jeff Riedinger, Vice Provost for Global Affairs

Joy Williamson-Lott, Dean of the Graduate School

Senate Hearings on Reopening Schools

The US Senate Committee on Health, Education, Labor, and Pensions will hold two hearings related to school reopening and the COVID-19 pandemic.

The first hearing “COVID-19: Going Back to College Safely” is on reopening colleges and universities.

Date: Tuesday, June 4th, 2020

Time: 7am PT/10am ET

Watch live here.

The second hearing “COVID-19: Going Back to School Safely” is on reopening K-12 schools.

Date: Wednesday, June 10th, 2020

Time: 7am PT/10am ET

Watch live here.

 

 

 

Department of Education Releases Final Title IX Rule

Today the US Department of Education released its final rule under Title IX. The rule prohibits discrimination on the basis of sex in education programs or activities receiving federal financial assistance. An unofficial copy has been published here and the official version will be published in the Federal Register.

The rule will carry the force and effect of law as of August 14, 2020.

Here is an overview detailing major provisions.

Here is a document highlighting changes between the proposed and final rule.

For more detailed information, the Office for Civil Rights has published a webinar.