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All employers seeking H-1B, O-1 or L-1 status for employees must answer questions regarding export control compliance before an application can be filed with the United States Citizenship and Immigration Service (USCIS.)
Federal law also requires that any material change to the employment during the H-1B and O-1 sponsorship period must be reported to the VISA office immediately including; salary, appointment title, work location, and Export Control issues.
The Department of Homeland Security USCIS states the following regarding this new regulation:
The Export Administration Regulations (EAR) (15 CFR Parts 770-774) and the International Traffic in Arms Regulations (IT AR) (22 CFR Parts 120-130) require U.S. persons to seek and receive authorization from the U.S. Government before releasing to foreign persons in the United States controlled technology or technical data. Under both the EAR and the ITAR, release of controlled technology or technical data to foreign persons in the United States--even by an employer--is deemed to be an export to that person's country or countries of nationality. A U.S. company must [document that a license is not required, or] seek and receive a license from the U.S. Government before it releases controlled technology or technical data to its nonimmigrant workers employed as H-1B, L-1 or O-1A beneficiaries.
Export control regulations are federal laws that prohibit the unlicensed export or potential export of certain controlled commodities or information for reasons of national security or protections of trade. Note: Work that will be published or otherwise released to the public is often exempt under the terms of fundamental research.
Export controls usually arise for one or more of the following reasons
- the nature of the export has actual or potential military applications or economic protection issues
- Government concerns about the destination country, organization, or individual
- Government concerns about the declared or suspected end use or the end user of the export
The supervisor of the new/existing international employee must complete the Deemed Export Attestation Form (included within the H-1B application) and forward it to Tricia Pearce, Grants Compliance Manager for review. A determination will be made as to whether a license is required. The form is then sent to the VISA office in Academic Human Resources for processing.
Please refer to the H-1B application checklist for more information on how to proceed with obtaining the appropriate certification.