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Employing Foreign Nationals (non-immigrant worker visa applicants)

The U.S. Citizenship and Immigration Services (USCIS) now requires employers to perform a deemed export attestation. Specifically, employers must certify that they:

  • Have reviewed the Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR), and
  • Have determined whether a license is or is not required before the foreign employee can have access to controlled products or technology. This attestation is certified on USCIS Form I-129.

Note: The I-129 export control certification, implemented in early 2011, requires U.S. employers, including universities, to comply with the deemed export rule. The new Form I-129 certification requirement does not change the rule in any way.

 

Under certain circumstances, employers may need to obtain U.S. government permission, (a deemed export license) prior to releasing technology to a foreign national. The government may deny license requests with regard to certain types of technology. This new certification requirement makes it critically important that employers of foreign nationals, including universities, understand and comply with U.S. export control laws and regulations.

Who is considered a foreign national under these rules?

A foreign national is anyone who is not a U.S. citizen or lawful permanent resident (i.e., aliens possessing a valid Form I-551 or green card), or persons granted asylee or refugee status.

 

Under export controls, anyone holding a temporary visa (B, E, F, H-1B, H-3, J-1, L-1, etc.) is considered a foreign national. Foreign national employees requiring the deemed export certification include faculty, visiting scholars, researchers, staff, post-doctoral candidates, technicians, foreign students seeking advanced degrees, and any foreign national conducting research at U.S. universities or their affiliates.

International Exchange Visits

The International Center provides overall leadership to UNF in developing, coordinating and promoting international education opportunities for students, faculty and other professionals.

 

UNF personnel wishing to invite and host a foreign national to the university must apply through the International Center well in advance (90 days minimum suggested) of an expected start date for the Exchange Visitor as preparations can take several months to ensure necessary compliance and arrangements. Get important information, requirements, guidance and forms regarding the Exchange Visitor Program. The International Center may be your initial point of contact as you consider hosting a foreign national Exchange Visitor, however, you may also be referred to the Office of Research & Sponsored Programs or Human Resources Office for additional guidance and appropriate procedures as needed. No UNF persons should offer any formal or written invitation to a prospective Exchange Visitor until advised by the International Services Office that all required procedures have been completed.

Exchange Visitors and Export Compliance

All Exchange Visitors must meet, and be screened for, export compliance requirements. The Deemed Export Review Form for J-1 Scholars and Student Interns (included in the general application process for hosting the Exchange Visitor) must be completed and submitted to International Center. If further information is needed, or any concerns are noted, the International Center will contact the UNF host prior to proceeding to formally invite the Exchange Visitor and issue appropriate immigration documents.

 

Export Control Page