Q&A on New Visa Policy Affecting Mainland Chinese and Hong Kong applicants
2025-06-06, BY wegreened
Q1: What is the recent U.S. policy change regarding Chinese visas?
A: The U.S. Department of State (DOS) announced that it will work with the Department of Homeland Security (DHS) to aggressively revoke visas for Chinese students, including those with connections to the Chinese Communist Party (CCP) or studying in critical fields. The DOS will also revise visa criteria to enhance scrutiny of all future visa applications from the People’s Republic of China and Hong Kong.
Although the DOS statement did not clarify if “students” includes OPT/STEM, we think this policy is likely to affect Chinese applicants with OPT/STEM status as well since OPT/STEM are considered extensions of F1 visa status.
Q2: Who is most affected by these changes?
A: Three groups of people will be affected based on the language of the DOS statement:
- Existing Chinese F visa holders with connections to CCP.
- Existing Chinese F visa holders studying in critical fields.
- Any Chinese and Hong Kong passport holders who will apply for any type of new visa stamp at any US embassies or consulates in the future.
Although the DOS statement did not clarify if “students” includes OPT/STEM, we think this policy is likely to affect Chinese applicants with OPT/STEM status as well since OPT/STEM are considered extensions of F1 visa status.
Q3: What are “critical fields” under the new policy?
A: The announcement did not elaborate on what “critical fields” are. We believe “critical fields” may refer to academic and research areas that the U.S. government considers to have potential national security implications or risk for unauthorized technology transfer. These fields are outlined in the U.S. Department of State’s Technology Alert List (TAL) and are subject to additional scrutiny for visa applicants, especially those from countries like China.
Comprehensive List of Sensitive Fields (Technology Alert List)
Recent Expansions and Emerging Fields (2025 Focus)
Q4: As a Chinese student, if my F visa is revoked, does it affect my F visa status in the US?
A. The DOS has not distinguished the visa stamp vs. visa status in their statement and it remains unconfirmed which will be affected. However, there is a chance that the revocation may affect both visa stamp and visa status since the DOS indicates that it “will work with the Department of Homeland Security(DHS)” in those actions. DOS has full authority to revoke visa stamps and does not need the collaboration with DHS, while ICE under DHS is the agency regulating the SEVIS record and F visa status.
Q5: Should I avoid international travel if I am a Chinese student in the U.S.?
A. Conventional Munitions
(e.g., warheads, large caliber projectiles, reactive armor, fusing and arming systems, electronic countermeasures)
B. Nuclear Technology
(e.g., nuclear reactors, fuel, materials, nuclear weapons design, uranium enrichment)
C. Rocket Systems
(e.g., ballistic missiles, space launch vehicles, sounding rockets, missile guidance systems)
D. Rocket System and Unmanned Air Vehicle (UAV) Subsystems
(e.g., propulsion, control systems, payloads for rockets/UAVs)
E. Navigation, Avionics, and Flight Control Usable in Rocket Systems and UAVs
F. Chemical, Biotechnical, and Biomedical Engineering
(e.g., chemical weapons, toxins, advanced pharmaceuticals, genetic engineering, synthetic biology, CRISPR)
G. Remote Sensing, Imaging, and Reconnaissance
(e.g., satellite imaging, surveillance technologies)
H. Advanced Computer and Microelectronic Technology
(e.g., AI, machine learning, quantum computing, semiconductors, chip manufacturing, high-performance computing)
I. Materials Technology
(e.g., advanced alloys, composite materials, stealth materials, nanotechnology)
J. Information Security
(e.g., cybersecurity, encryption, cryptography, secure communications)
K. Laser and Directed Energy Systems Technology
(e.g., laser weapons, high-energy lasers, directed energy devices)
L. Sensors and Sensor Technology
(e.g., advanced radar, acoustic sensors, infrared sensors)
M. Marine Technology
(e.g., submarine technology, underwater vehicles, sonar)
N. Robotics
(e.g., autonomous systems, industrial and military robotics)
O. Urban Planning
(Certain aspects, especially those with potential military or dual-use applications)
Recent Expansions and Emerging Fields (2025 Focus)
Recent updates to the TAL have placed additional emphasis on:
Artificial Intelligence (AI) and Machine Learning
Quantum Computing
Biotechnology and Genetic Engineering
Cybersecurity and Advanced Encryption
Semiconductors and Chip Manufacturing
Space Technology and Satellite Systems
Big Data Analytics and High-Performance Computing
Q4: As a Chinese student, if my F visa is revoked, does it affect my F visa status in the US?
A. The DOS has not distinguished the visa stamp vs. visa status in their statement and it remains unconfirmed which will be affected. However, there is a chance that the revocation may affect both visa stamp and visa status since the DOS indicates that it “will work with the Department of Homeland Security(DHS)” in those actions. DOS has full authority to revoke visa stamps and does not need the collaboration with DHS, while ICE under DHS is the agency regulating the SEVIS record and F visa status.
Q5: Should I avoid international travel if I am a Chinese student in the U.S.?
A: Yes, we recommend that you avoid international travel to be safe, regardless if you have a valid F visa stamp. According to this new policy, you either face the stricter scrutiny for your new visa stamp application, or your valid visa stamp could be revoked and you cannot get a new visa to return to the US. More importantly, when you encounter revocation for visa stamp or even visa status, it is unlikely to get any legal remedies unless you are in the US. This may result in prolonged absences from the United States.
Additionally, due to a recent internal order by DOS, all US embassies and consulates have suspended scheduling any new F/J/M visa application interview appointments until further guidance on an expansion of social media screening and vetting is issued. This new order affects the whole world, and we cannot predict when the visa stamp application will be resumed.
Q6: What should I do if I must travel internationally or have questions about my status?
A: If you are a student and must travel, or if you have any questions about your visa or immigration status, please contact your university’s International Student and Scholar Office (ISSO) or Designated School Official (DSO). They are your primary resource for up-to-date guidance and support. You may also seek legal advice from an F visa attorney. Our firm does not handle F visa and does not have specific recommendation, but you may find available attorneys at https://ailalawyer.com/
Q6: What should I do if I must travel internationally or have questions about my status?
A: If you are a student and must travel, or if you have any questions about your visa or immigration status, please contact your university’s International Student and Scholar Office (ISSO) or Designated School Official (DSO). They are your primary resource for up-to-date guidance and support. You may also seek legal advice from an F visa attorney. Our firm does not handle F visa and does not have specific recommendation, but you may find available attorneys at https://ailalawyer.com/
Q7: What actions can I take in case my visa is revoked?
A: If you are only notified about visa stamp revocation, then you may either contact the international office about your SEVIS status (if you trust your DSO) to inquire generally about your current status or wait to see if there will be any communication from DSO about change to SEVIS. You should not make any international travel.
If both of your visa stamp and visa status are revoked, you should contact your DSO at the international office as well as an F1 visa attorney for advice about your possible options such as change of status or any legal actions that may be taken.
Q8: If I am a Chinese or Hong Kong citizen, what types of future visa applications will be affected?
A: According to the DOS statement, all new visa stamp applications with any US embassies and consulates will be affected and will be faced with stricter scrutiny. At this moment, there is no information provided by DOS about what the new scrutiny is and what the effect will be. We believe at least more delay in processing time is expected.
Q9: Does this policy affect new EB-1A or NIW applications?
A: No direct impact has been announced for EB-1A (Extraordinary Ability) or EB-2 NIW (National Interest Waiver) immigrant petitions. These employment-based green card categories
are not specifically targeted by the new policy. However, all Chinese nationals in general may face increased scrutiny in immigration matters.
Q11: If I am a Chinese or Hong Kong citizen, will my nonimmigrant visa (e.g. H1B, O1, L1) change of status, visa extension of status, or I-485 applications filed with USCIS be affected by this policy?
Q10: Will my pending or approved EB-1A or NIW petition be delayed or revoked because of this policy?
A:There is no indication that pending or approved EB-1A or NIW petitions will be delayed or revoked due to this policy. However, as with all immigration matters, careful documentation and preparation are always important.
Q11: If I am a Chinese or Hong Kong citizen, will my nonimmigrant visa (e.g. H1B, O1, L1) change of status, visa extension of status, or I-485 applications filed with USCIS be affected by this policy?
A: The new policy by DOS should not directly affect your applications filed with USCIS.
Q12: If I am a Chinese or Hong Kong citizen, will my immigrant visa processing (IVP) be affected?
A: Since the new policy states “all future visa applications”, it is our understanding that IVP applications may also be affected, resulting in longer processing time and stricter challenges regarding the CCP issues. At this moment it is still too early to estimate the specific effect of this new policy to the IVP applications.
Q13: I am holding Taiwan Passport or Macau Passport, will I be affected by this policy?
A: The policy should only affect the mainland China applicants and Hong Kong applicants based on the language of the statement.
Q14: Where can I get updates and more information?
A: Your university’s international office should provide the most current information and guidance. Please check your university international office’s website or emails for updates and support.
Q15: Will this policy be challenged or upheld?
A: We believe that it is highly likely that this policy will face legal challenges in court. However, we cannot say whether this policy will be temporarily or permanently blocked in the future.
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