January 2011 Office of General Counsel Office of International Programs Office of Regulatory Affairs...

DEEMED EXPORT’S EFFECT ON G.U.’S

“IMPORT” OF FACULTY,

RESEARCHERS, AND STAFF

January 2011

Office of General Counsel

Office of International Programs

Office of Regulatory Affairs

Office of Sponsored Programs

Office 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/AsyleeAnyone 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 PROCESS

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

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?