H-1B and Other Visas
U.S. immigration law requires HSC to make certifications regarding the employment of foreign nationals who fall under nonimmigrant visa policies (H-1B, H-1B1, L-1, O-1). Those certifications include an attestation as to whether a deemed export license will be required for the beneficiary to perform HSC job duties, and that export rules will not be violated. Many foreign persons employed at institutions (typically under the H-1B status) either do not conduct technology-related research or conduct only “fundamental research,” which is not subject to EAR or ITAR license requirements. Even though such research may be fundamental, deemed export licenses may be required in the conduct of fundamental research if controlled technology or technical data is needed to generate fundamental research results. Once employed, it may be necessary to track changes to a foreign person’s job duties resulting in the need for an export license. Whether or not such changes would be considered “material” may also require additional review. Faculty and staff will need to work with the cognizant review offices (International Compliance and the International Services Office) when modifying a beneficiary’s job duties to ensure compliance.
The HSC sponsoring department is responsible for completing the Export Control Questionnaire for U.S. Visa and the Certification while coordinating the visa application process with the HSC International Services Office.
Questions regarding the use and filing of petitions for temporary work authorizations should be directed to the International Services Office (Leslie Crosdale). Questions regarding export control compliance should be directed to the International Compliance Officer (Monte Cason).