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Get the free H-1B or O-1: Deemed Export Control - yale

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This document is used by Yale's Office of International Students and Scholars to assess if a scholar's work involves access to proprietary or confidential information under export control regulations.
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How to fill out H-1B or O-1: Deemed Export Control

01
Determine if your role qualifies for H-1B or O-1 classification.
02
Gather all required documentation including your credentials, job offer letter, and employer information.
03
Complete the appropriate visa application forms: Form I-129 for H-1B or O-1.
04
If applicable, register for the H-1B lottery and pay the requisite fees.
05
Prepare a detailed export control compliance plan if dealing with deemed export issues.
06
Submit the application package to USCIS after ensuring all documentation is complete and accurate.
07
Monitor the application status and respond to any requests for additional information from USCIS.

Who needs H-1B or O-1: Deemed Export Control?

01
Employers seeking to hire foreign workers in specialty occupations (H-1B).
02
Individuals with extraordinary ability in their field (O-1).
03
Companies dealing with controlled technology or sensitive information that requires export compliance.
04
Foreign nationals potentially exposed to export control regulations while performing job duties.
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People Also Ask about

Under federal Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR), US employers must seek and receive a license before releasing controlled technology or technical data to non-immigrant workers employed in H-1B status.
As noted above, if the individual is a naturalized citizen or permanent resident of the United States, the deemed export regulations do not apply.
They are: direct, indirect and consortium exports. What is direct export? How does direct export work? Advantages and disadvantages. What is indirect export? How does indirect export work? Advantages and disadvantages. What is consortium export?
In the United States, export control regulations are implemented by the U.S. Department of Commerce, Department of State, Department of Treasury through Export Administration Regulations (EAR), International Traffic in Arms Regulations (ITAR), and Office of Foreign Assets Control (OFAC) respectively.
The three major lists of export-controlled items are the Commerce Control List (CCL), the United States Munitions List (USML), and the Nuclear Regulatory Commission Controls (NRCC).
A deemed export refers to the sharing or release of controlled technology or source code to a foreign person within the United States.
Multilateral Export Control Regimes Australia Group. Missile Technology Control Regime. Nuclear Suppliers Group. Wassenaar Arrangement.
Overview of Export Controls U.S. Department of Commerce through its Export Administration Regulations (EAR), U.S. Department of State through its International Traffic in Arms Regulations (ITAR), and the. U.S. Department of Treasury through its Office of Foreign Assets Control (OFAC).

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H-1B and O-1 are types of U.S. visas for foreign workers. 'Deemed export control' refers to regulations that require employers to obtain licenses when sharing controlled technology or information with foreign nationals in the U.S. under these visa categories.
Employers sponsoring foreign workers on H-1B or O-1 visas must file for deemed export control if the technology or information they plan to share is subject to U.S. export regulations.
To fill out the deemed export control requirements, employers must assess the technology or information being shared, determine if it falls under U.S. export regulations, and complete the necessary filing forms, providing details about the nature of the technology and the foreign national.
The purpose is to ensure that sensitive technologies are not accessed by foreign nationals without proper oversight, thereby protecting national security and complying with U.S. export laws.
Employers must report information including the specific technology or information that will be shared, the identity of the foreign national, and the potential risks associated with the deemed export.
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