Sec. 3. Restriction on issuance of nonimmigrant visas to nationals of China
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The Secretary of State may not issue a visa to, and the Secretary of Homeland Security shall deny entry to the United States of, an alien under section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ) if the alien is a national of the People’s Republic of China seeking to enter the United States for the purpose of— studying science, technology, engineering, mathematics, or a related field; employment in science, technology, engineering, mathematics, or a related field; or attending a business meeting, conference, or academic or cultural exchange, that includes activities related to science, technology, engineering, mathematics, or a related field.
The restriction under subsection
(a)shall not apply for any year in which the President certifies to Congress that— the People’s Republic of China has not provided state support of cyber espionage against a United States company during the preceding year; and no individual or entity present in the United States has engaged in espionage against a United States company on behalf of the People’s Republic of China during the preceding year. In this section: The term cyber espionage means unauthorized access to a communications network, a communications system, or a device connected to such a network or system that— is carried out by a foreign government or any individual or entity working on behalf of a foreign government; and is for the purpose of— collecting information related to a copyrighted or copyrightable work, patented or patentable invention, trademarked good or service, or trade secret (as such term is defined in section 1839 of title 18, United States Code); or disruption, destruction, or manipulation of, or other change to, such network, system, or device or any information stored on or transmitted by such network, system, or device. The term espionage means unauthorized access to or collection of information related to a copyrighted or copyrightable work, patented or patentable invention, trademarked good or service, or trade secret (as such term is defined in section 1839 of title 18, United States Code) by a foreign government or any individual or entity working on behalf of a foreign government. The term United States company means an organization organized under the laws of the United States or a State or political subdivision thereof.
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Sec. 3
Restriction on issuance of nonimmigrant visas to nationals of China
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