The transfer of controlled information to a foreign national within the United States is considered to be an export to the home country of that foreign national under both the EAR and the ITAR. This is called a “deemed export.” The deemed export of controlled technology or information may be prohibited without a license, depending on the technology and the country involved. The deemed export rule has implications for university personnel sponsoring foreign student and scholar visa applications.
For H1-B visa applications, the required USCIS Form I-129 Visa Petition effectively requires the University to certify that its foreign employees will not have access to any ITAR- or EAR-controlled technologies during the course of their employment. In order to make this determination, the Export Control Manager (ECM) will collect information from the department through the H-1B Export Control Questionnaire and follow up interviews. After review, the ECM will make a recommendation to the Office of International Students and Scholars as to whether a license will be needed.
For other classes of visa applicants from countries with extensive embargoes (Iran, Syria, Sudan, North Korea, Cuba) a similar questionnaire will be used to assess export control risk.
Requests for export control information from consulates or embassies:
In some cases the consulate will request information about the applicant’s intended activities and whether or not export controlled information will be shared with them. Please contact the Export Control Manager (firstname.lastname@example.org) for an assessment before sending any statements regarding access to export controlled items, technology, or information.