January 2011
Office of General Counsel
Office of International Programs
Office of Regulatory Affairs
Office of Sponsored Programs
Office of Sponsored Research
At end of session, attendees will understand:
 Basic concept of deemed export
 Its effect on Georgetown’s academic
enterprise, especially on hiring processes and
timelines for sponsorship
 How to complete Export Controls Addendum
 Overview
 Effect
of Export Controls
on Georgetown’s academic enterprise
 Revised
H-1B and O-1 Request processes
 Export





Administration Regulations (EAR)
Systems, Equipment, and Components
Test, Inspection, and Production Equipment
Material
Software
Technology
 International
Traffic in Arms Regulations
(ITAR)


Classified defense articles
Technical data
 National
security
 Protection
businesses
of U.S. trade, economy, and
Goods and
Intellectual
property
 Release
of
technology to
foreign nationals
 Export
Deemed
export
is
“deemed” to take
place when
technology is
released to a
foreign national
inside the U.S.
 Visual
Release of
technology
happens
through
inspection
(technical
specifications,
plans, blueprints,
etc.)
 Delivered orally
 Through practice
or application
under guidance of
expert
Technology
Information
necessary for
development,
production, or use
of a product
• U.S. Citizen
Anyone
who is
not a
• U.S. Permanent
Resident
• Refugee/Asylee
 Basic
Fundamental
Research
& applied
research in science
& engineering
 Widely published
and shared broadly
in scientific
community
Employer
petitions USCIS
USCIS decision
Approval to
employer
Consular officer
checks for
export control
issues
Visa application
by international
Employer sends
approval to
international
Consular Officer
asks for
license/proof of
exception
Visa issued
 Delays
in issuance
of U.S. visas
 More
thorough
inspections of
everyone
entering/leaving
the U.S.

Don’t need license
because technology
exempt from ITAR or
EAR

Need license, but
won’t let foreign
national touch
technology until have
license
Employer
determines need for
license
Employer initiates
application for
license, if needed
Employer files USCIS
H-1B petition with
attestation
International applies
for H-1B visa
Employer gets
approval & sends to
international
USCIS approves
Consulate reviews
application; requests
export
documentation, if
needed
Employer provides
documentation
Visa issued
• Completes
request
with new
addendum
• Decribes
research
Department
OIP
• Begins
initial
processing
• Forwards
addendum
for analysis
• Reviews
description
of research
• Does
analysis
• Returns to
OIP
OSP/OSR
OIP
• Finalizes
petition
• Files with
USCIS
Online request form
 Internal posting
 Similarly employed
workers page
 Official PD and HR
classification memo
for staff positions
 Check request

Department Administrator
Letter of support
 Wage determination
page for non-staff
positions
 Export Controls
Addendum

Principal Investigator
 Online
request form must be completed for
every application
 Minimum
requirements should be listed on
online request
 Submit
PD via e-mail when do online request
for staff
 10
business days in 2 locations
 Can
submit to OIP before 10 business days
are up
 Consider
dates – 3 years vs. year-by-year
 Fee



increase as of November 2010
$325 base fee
$500 for new, transfer or concurrent H-1B
petitions
$1225 premium processing fee
 Must
be paid by Department
 Expense Vouchers

Call Sandra 7-4627 (name of foreign national) for
pick up
 For
 All
positions funded by grants or contracts
cost center numbers
 Citizenship
or publication restrictions
 Detailed
description of duties and
responsibilities
 Equipment,
data, materials, technologies

Advance planning more important now than
ever

Last minute petitions not feasible
 Required
for all H-1B and O-1 applications
including extensions

Timely filed extensions
DOL
3-4 weeks
Dept.
OIP
OSP/OSR
10 days
 Currently
about 5
months
 $1225
premium
processing fee only
shortens USCIS
processing time to
15 days