Contact Us Today. Email [email protected] for faster response.

"H-1B Visa Conundrum: How USCIS's Flawed Tiered Selection Process Impacts US Businesses"

US Export Controls: Considerations for Employers in hiring employees in H, E, L, O, TN visa status

Posted by Fariba Faiz | Aug 17, 2023 | 0 Comments

U.S. Export controls are regulations put in place to control the export of sensitive technologies and information to foreign nationals. These controls play a vital role in maintaining national security, foreign policy, and economic interests. When it comes to non-immigrant visas such as H, E, L, O, and TN visas, these regulations must be carefully considered, as they may impact the sharing of controlled technology or information with foreign nationals working in the U.S.
 H-1B, L-1, O-1, and TN Visas Overview
  • **H-1B Visa**: For specialty occupations that require a bachelor's degree or higher in a specific field.
  • **L-1 Visa**: For intracompany transferees, including managers and specialized knowledge employees.
  • **O-1 Visa**: For individuals with extraordinary ability or achievement in their field.
  • **TN Visa**: For NAFTA professionals from Canada and Mexico.
Export Control Regulations
U.S. Export controls are governed by the Department of Commerce through the Export Administration Regulations (EAR) and the Department of State through the International Traffic in Arms Regulations (ITAR). Companies employing foreign nationals under H, L, O, or TN visas must ensure compliance with these regulations.
EAR (Export Administration Regulations)
EAR applies to the export of dual-use items, which have both commercial and military applications. An employer must determine if the technology or information the visa holder will access falls under the EAR's jurisdiction. A deemed export license may be required if the technology is on the Commerce Control List (CCL).
ITAR (International Traffic in Arms Regulations)
ITAR governs defense-related articles and services. If an individual working under one of the above visas has access to ITAR-controlled technology, an export license may be required.
Compliance and Considerations
1. **License Requirement Assessment**: Employers must evaluate whether the technology or information the foreign national will have access to requires a deemed export license.
2. **Internal Controls**: Implementing internal controls to prevent unauthorized access to controlled technology is essential.
3. **Employee Training**: Education and ongoing training regarding export controls help maintain compliance.
4. **Documentation**: Thorough record-keeping of compliance efforts and license applications is necessary.
In brief, U.S. Export controls have a significant impact on employers hiring foreign nationals under H, L, O, and TN visas. Careful consideration, assessment, and compliance with the EAR and ITAR are essential to avoid legal repercussions.
The information and guidance provided in this article are for general informational purposes only. Given the complexity of these regulations, it is advisable for employers to consult with immigration law experts like those practicing employment-based cases to ensure complete compliance with all relevant laws and regulations.

About the Author

Fariba Faiz

Fariba is the founder of the Law Offices of Fariba Faiz, based out of San Francisco, California. Attorney Faiz is an experienced immigration attorney with a proven track record of successfully petitions for investment immigration (E-1/E-2 visas plus direct and regional center EB-5 pr...


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment