Sec. 2. Exclusion of certain citizens of the People's Republic of China
582 words·~3 min read·
/bill/117/s/1311/is/section-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary of State shall deny a nonimmigrant visa described in subparagraph
(F)or
(J)of section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ) to, and the Secretary of Homeland Security may not admit to the United States pursuant to such a nonimmigrant visa, an alien who is a citizen of the People's Republic of China if the Secretary of State determines that the alien seeks to enter the United States to participate in graduate-level or post-graduate-level coursework or academic research in a field of science, technology, engineering, or mathematics at an institution of higher education. Subsection
(a)shall apply with respect to any application for a visa described in that subsection filed on or after the date of the enactment of this Act. The Secretary of State may waive the application of subsection
(a)with respect to a visa applicant who demonstrates that he or she is a member of a religious or ethnic group that is systematically oppressed by the Chinese Communist Party. The President may waive the application of subsection
(a)on a case-by-case basis if such application would harm the national security of the United States. Not later than 30 days after the date on which a waiver under this paragraph is issued, the President shall submit to Congress a report that describes the specific national security interest served by the issuance of the waiver. Section 641(d) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1372(d) ) is amended by adding at the end the following: As part of the Student and Exchange Visitor program approval process conducted under this section, not less frequently than annually, each participating institution of higher education shall certify that no alien who is a citizen of the People's Republic of China enrolled in the participating institution of higher education is permitted to participate in graduate-level or post-graduate-level coursework or academic research in a field of science, technology, engineering, or mathematics at the participating institution of higher education. In this paragraph, the term participating institution of higher education means an institution of higher education that has been certified to participate in the Student and Exchange Visitor Program. . Not later than 90 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Homeland Security and the Secretary of Education, shall issue regulations specifying areas of study that constitute science, technology, engineering, and mathematics. Nothing in this section shall be construed to require the denial of a visa application of— a citizen or permanent resident of Taiwan; or a bona fide Hong Kong applicant. In this subsection, bona fide Hong Kong applicant means an individual who— was a resident of the Hong Kong Special Administrative Region on December 31, 2018; or has been a resident of the Hong Kong Special Administrative Region during the entire 60-day period ending on the date on which the individual applies for a visa described in subparagraph
(F)or
(J)of section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ); and the Secretary of State certifies to Congress that the United States has no reason to believe that the individual is acting on behalf of the government of the People’s Republic of China, or any entity controlled by the government of the People’s Republic of China; is a citizen of the People’s Republic of China; and is not a citizen of any other country.
Connectionstraces to 2
Citation graph
cites case law
Cites 2Cited by 0 across 0 sources