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 of Export Controls  Effect 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 of U.S. trade, economy, and businesses

Goods and Intellectual property

 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

U.S. Citizen U.S. Permanent Resident Refugee/Asylee Anyone who is not a

Fundamental Research  Basic & applied research in science & engineering  Widely published and shared broadly in scientific community

Employer petitions USCIS USCIS 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 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 USCIS approves Employer gets approval & sends to international International applies for H-1B visa Consulate reviews application; requests export documentation, if needed Employer provides documentation Visa issued

Completes request with new addendum Decribes research Department Begins initial processing Forwards addendum for analysis OIP Reviews description of research Does analysis Returns to OIP OSP/OSR Finalizes petition Files with USCIS OIP

Department AdministratorPrincipal 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

 Online request form must be completed for every application  Minimum requirements should be listed on online request  Submit PD via 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 (name of foreign national) for pick up

 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

 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

OIP Dept. DOL 3-4 weeks OSP/OSR 10 days

 Currently about 5 months  $1225 premium processing fee only shortens USCIS processing time to 15 days