Submitting an H1-B or O-1 Visa Application for Export Controls Review

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. For visa processing, the Department of Homeland Security requires 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, The Office of Export Controls 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, hefty fines and jail time, so it is important that a formal analysis is conducted by our Export Controls office.

Not directly; the 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. For more information, please email exportcontrolhelp@colorado.edu. 

A “deemed export” occurs when controlled technology or information is released to a foreign national person located in the United States. This “release” of information can happen in many ways, such as teaching a foreign-born person (e.g., a postdoc or student) - who is here working in a lab and in the United States on a visa - how to operate, install, maintain, repair, overhaul and refurbish a machine, or providing the geometry of a hypersonic vehicles design to them (defense service). When controlled technology is released to a foreign national, that information is “deemed” to be an export to the country where the person is a resident or citizen. The concern is over how this information may be used and whether it could provide a risk to national security.

A foreign national or foreign person is anyone who is not a U.S. citizen, is not a lawful permanent resident of the U.S. (i.e., does not have a green card), or who does not have refugee or asylum status. The person doing research could be at any level: student, postdoc, faculty, visiting scholar, lab tech, departmental staff, and with any employment title.

To determine eligibility for project participation, each foreign person may need to have a determination made by the Export Control office. Deemed export review is specifically required prior to submitting a petition on for H-1B, H-1B1, L-1, and O-1A visa types. The review process is especially important, and may be more lengthy, if the country the researcher is from has sanctions and embargoes placed on it by the government of the United States.