In submitting an H-1B petition for a foreign national employee, Bucknell University must attest that it has evaluated whether the particular employee triggers export license requirements under federal law, including the International Traffic in Arms regulations (ITAR) and Export Administration Regulations (EAR). Specifically, the question is whether Bucknell will require a U.S. government “deemed export” license to release technical information to the foreign national.
A “deemed export” is a release of protected science or technology information to a foreign national under ITAR and EAR, as the release is considered an “export” to that individual’s home country. For more information about ITAR and EAR, please consult the web sites of the U.S. government agencies responsible for their enforcement:
- https://www.bis.doc.gov/index.php/regulations/export-administration-regulations-ear (EAR)
- http://www.bis.doc.gov/index.php/policy-guidance/deemed-exports (EAR)
- http://www.pmddtc.state.gov/regulations_laws/itar.html; http://www.pmddtc.state.gov/faqs/license_foreignpersons.html (ITAR)
On each H-1B petition that Bucknell files on behalf of a foreign national “beneficiary” (employee), Bucknell must certify, with input from the relevant Department Chair or other supervisor, that it has reviewed the EAR and ITAR and has determined whether or not a U.S. Government export license is required to release controlled technology or technical data to the beneficiary. United States Citizenship and Immigration Services (USCIS) has stated that these export licensing requirements will affect only a small percentage of petitioners because most types of technology are not controlled for export or release to foreign persons. However, for each H-1B petition, we take seriously our legal obligation to review EAR and ITAR and determine whether the beneficiary's case involves export controlled technology or technical data.
For each H-1B petition, the Department Chair or other supervisor must complete the deemed export screening tool and attestation found here. If the answer to any question on the screening tool is “'Yes,” or if the Department Chair otherwise has reason to believe that an export license may be required, the Chair should contact Lynda Meinke, Assistant Counsel, at firstname.lastname@example.org or 570.577.1149. If the answer to each question is “no,” the Department Chair should complete the second portion of the form, the deemed export attestation, and return it (with the screening tool) to the Office of General Counsel, to the attention of Lynda Meinke.