Effective December 22, 2010 the Department of Homeland Security revised the I-129 Petition for a Nonimmigrant Worker (work visa application) to require the University to state whether an export license is required for the worker because he or she will have access to export-controlled technology or technical data. Determining whether an export license is required can be a complex, technical process and the penalties for not obtaining a license when one is required are very substantial.
In order to meet this new requirement, ALL H-1B and O-1 visa applicants must submit a worksheet to the Export Control Administrator within the Research & Innovation Office. This worksheet will provide the necessary information to make an initial determination of whether a license may be required. The Export Control Administrator will then provide this determination to the Office of International Education—International Student and Scholar Services (ISSS) so that they can check the correct box in Part 6 of the H-1B petition.
If you are sponsoring a potential employee for a H-1B or O-1 visa, you need to complete a Visa Export Control Review Worksheet. The completed worksheet should be submitted to Linda Morris, the campus Export Control Administrator. After reviewing the worksheet (and possibly consulting with you further), Linda will send a Visa Export License Certification form to you for inclusion with your H-1B petition materials.
We estimate that it will take our office 1-2 weeks to review the worksheet after you have submitted it.” The more thoroughly you complete the worksheet, the less time will be required for our review.
Yes, the department can go ahead and submit all other documentation for H-1B filing to ISSS first. This will allow ISSS to start on some other H1b related processes. Indicate on your paperwork that a Export Control Worksheet has been submitted to Linda Morris. Note that ISSS will not be able to file the H1b petition without the determination from the Export Control Administrator about the need for a license.
Export control regulations have always required that foreign nationals be restricted from having access to export-controlled technology or technical data unless they have an export license or qualify for an exemption to the regulations. What is new is that the Department of Homeland Security is now requiring employers to make this determination as part of the visa application process, rather than waiting until the person is hired.
If our initial review determines that a license may be required, Linda will work with you to complete an application for the appropriate deemed export license.
The question in Part 6 of the H-1B application requires a categorical “yes/no” answer. Penalties for violating export control laws can be very severe--potentially including hefty fines and jail time--so it is important that a formal analysis is conducted by our Export Controls office.
Not directly; the new certification requirement applies only to the process of applying for H-1B and O-1 (worker) visas. However, students are also covered by US export controls laws; if students receive or access export-controlled technology or technical data, they must be covered by either an export license or an exemption. Be sure to consult with Linda Morris for assistance or more information.