DEEMED EXPORT’S EFFECT ON G.U.’S
“IMPORT” OF FACULTY,
RESEARCHERS, AND STAFF
January 2011
Office of General CounselOffice of International Programs
Office of Regulatory AffairsOffice of Sponsored ProgramsOffice of Sponsored Research
PRESENTATION GOALSAt 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
AGENDA
Overview of Export Controls
Effect on Georgetown’s academic enterprise
Revised H-1B and O-1 Request processes
GEORGETOWN – AN EXPORTER?!!
EXPORT CONTROLS
GOVERNMENT REGULATIONS Export Administration Regulations (EAR)
Systems, Equipment, and ComponentsTest, Inspection, and Production EquipmentMaterialSoftwareTechnology
International Traffic in Arms Regulations (ITAR)Classified defense articlesTechnical data
GOVERNMENT CONCERNED WITH … National security
Protection of U.S. trade, economy, and businesses
GOVERNMENT CONCERNED WITH …
Goods and Intellectual property
MORE SPECIFICALLY … Release of
technology to foreign nationals
Deemed
export
Export is “deemed” to take place when technology is released to a foreign national inside the U.S.
Release of
technology
happens through
Visual 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
RESTRICTIONS APPLY TO
• U.S. Citizen
• U.S. Permanent Resident
• Refugee/Asylee
Anyone who is not
a
EXEMPT FROM EXPORT RESTRICTIONS
Fundamental Research
Basic & applied research in science & engineering
Widely published and shared broadly in scientific community
CURRENT VISA PROCESSEmployer petitions
USCISUSCIS decision Approval to
employer
Employer sends approval to international
Visa application by international
Consular officer checks
for export control issues
Consular Officer asks for license/proof of
exceptionVisa issued
PROCESS RESULTED IN Delays in
issuance of U.S. visas
More thorough inspections of everyone entering/leaving the U.S.
NO ONE HAPPY
NEW ATTESTATIONS (PARAPHRASED) Don’t need license
because technology exempt from ITAR or EAR
Need license, but won’t let foreign national touch technology until have license
NEW PROCESSEmployer
determines need for license
Employer initiates application for
license, if needed
Employer files USCIS H-1B petition with attestation
USCIS approvesEmployer gets
approval & sends to international
International applies for H-1B
visa
Consulate reviews application;
requests export documentation, if
needed
Employer provides documentation Visa issued
GEORGETOWN’S REVISED IMMIGRATION
PROCESS
INITIAL STAGES OF PROCESS
• Completes request with new addendum
• Decribes research
Department
• Begins initial processing
• Forwards addendum for analysis
OIP • Reviews description of research
• Does analysis
• Returns to OIPOSP/OSR
• Finalizes petition
• Files with USCIS
OIP
DEPARTMENT PORTION
Department Administrator Principal Investigator
Online request form Internal posting Similarly employed
workers page Official PD and HR
classification memo for staff positions
Check request
Letter of support Wage
determination page for non-staff positions
Export Controls Addendum
THE ONLINE REQUEST
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
INTERNAL POSTING
10 business days in 2 locations
Can submit to OIP before 10 business days are up
Consider dates – 3 years vs. year-by-year
FEES 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
EXPORT CONTROL ADDENDUM For positions funded by grants or
contracts
All cost center numbers
Citizenship or publication restrictions
Detailed description of duties and responsibilities
Equipment, data, materials, technologies
TIMELINES AND CONSIDERATIONS
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
BEFORE SUBMISSION TO USCIS
OIP
Dept.
DOL 3-4
weeks OSP/OSR10 days
USCIS PROCESSING TIME Currently about
5 months
$1225 premium processing fee only shortens USCIS processing time to 15 days
QUESTIONS?
