Sec. 402. Visa and nonimmigrant status restrictions
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Section 214(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1184(a)(2) ) is amended by adding at the end the following: The period of authorized stay for a citizen or national of the People's Republic of China who seeks admission to the United States as a nonimmigrant described in subparagraph (F), (J), or
(M)of section 101(a)(15) to study, research, teach, or work in any field described in the most recent technology alert list of the Department of State or in section 221(j)(1)— shall be— a fixed period of not more than 4 years; or the length of the program identified on the Form I–20, Certificate of Eligibility for Nonimmigrant Student Status, or the Form DS–2019, Certificate of Eligibility for Exchange Visitor Status, as applicable, of such citizen or national of the People's Republic of China; and may be extended by the Secretary of Homeland Security for 1 or more additional periods of not more than 2 years. This subparagraph shall not apply to any national of Hong Kong or Macau. . Section 221 of the Immigration and Nationality Act ( 8 U.S.C. 1201 ) is amended by adding at the end the following: The Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall not admit into the United States, or grant a change of nonimmigrant status to, an alien who is a citizen or national of the People's Republic of China if the Secretary of State or the Secretary of Homeland Security determines that the alien— presents a risk to national security; or otherwise seeks to enter the United States to participate in graduate-level coursework or research at an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) )) in a field described in paragraph (2). The fields described in this paragraph are— the military or intelligence sector; the energy sector; nuclear science or nuclear engineering; high-end numerical control machinery and robotics; autonomous systems or machine learning; artificial intelligence; production and application of high-performance medical devices; semiconductors; new energy vehicles; mobile phone technology; next-generation information technology; aviation, aeronautics, or space; biomedicine; and any related field, as determined by the Secretary of State or the Secretary of Homeland Security. With respect to an alien who is a citizen or national of the People's Republic of China who has been admitted to the United States as a nonimmigrant described in subparagraph (F), (J), or
(M)of section 101(a)(15), the Secretary of Homeland Security shall terminate the status and employment authorization of, and revoke any petition approval of or on behalf of, the alien if the Secretary determines that after such admission the alien— has engaged in an activity or affiliation that presents a risk to national security; or has changed his or her program, course of study, research, or employment to graduate-level coursework or research at an institution of higher education in a field described in paragraph (2). Any change or attempted change described in subparagraph
(A)shall be considered to be a failure to maintain nonimmigrant status under this Act. This subsection shall not apply to any national of Hong Kong or Macau. . The amendments made by this section shall apply with respect to— any visa application filed on or after the date of the enactment of this Act; and the status of any alien, except for a national of Hong Kong or Macau, who— is a citizen or national of the People's Republic of China, regardless of the country of the passport presented by, or the country of residence of, the alien; before, on, or after the date of the enactment of this Act, has been or is admitted to the United States as a nonimmigrant described in subparagraph (F), (J), or
(M)of section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ); and has changed or changes his or her program, course of study, research, or employment to graduate-level coursework or research at an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) )) in a field described in section 221(j)(1) of the Immigration and Nationality Act (as added by subsection (b)).
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