All employers seeking H-1B status for employees must answer questions regarding export control compliance before a new H-1B, O-1 or extension application can be filed with the United States Citizenship and Immigration Service (USCIS.)
Federal law also requires that any material change to the employment during the H-1B sponsorship period must be reported to OISS immediately including; salary, appointment title, work location, and Export Control issues. OISS H-1B and O-1 instructions list the questions to be answered and outline the Export Control process.
In some cases a second review of the Export Control issue will need to be conducted by the Yale Office of International Agreements and Export Control Licensing before OISS may proceed with the immigration application. Please refer to the H-1B or O-1 instructions for the particular case you are working on for more details.
The Department of Homeland Security USCIS states the following regarding this new regulation:
The Export Administration Regulations (EAR) (15 CFR Parts 770-774) and the International Traffic in Arms Regulations (IT AR) (22 CFR Parts 120-130) require U.S. persons to seek and receive authorization from the U.S. Government before releasing to foreign persons in the United States controlled technology or technical data. Under both the EAR and the ITAR, release of controlled technology or technical data to foreign persons in the United States--even by an employer--is deemed to be an export to that person's country or countries of nationality. A U.S. company must [document that a license is not required, or] seek and receive a license from the U.S. Government before it releases controlled technology or technical data to its nonimmigrant workers employed as H-1B, L-I or O-IA beneficiaries.
Export control regulations are federal laws that prohibit the unlicensed export or potential export of certain controlled commodities or information for reasons of national security or protections of trade. Note: Work that will be published or otherwise released to the public is often exempt under the terms of fundamental research.
Export controls usually arise for one or more of the following reasons:
In the course of their work researchers at Yale may be asked to accept confidential, proprietary information, materials, software code or technology from a sponsor or third party. In some cases, non-disclosure requests are embedded in the content of several kinds of agreements between Yale and the sponsor or third-party. Examples of such institutional agreements include equipment or software purchases or loans, technology licensing, data sharing agreements, and material transfer agreements. The acceptance of disclosure-restricted information, equipment, software code or technology may expose the recipient to "deemed export" compliance risk since such information is not covered by the fundamental research exclusion.
For details on Export Control at Yale University please contact the Office of International Agreements and Export Control Licensing.