Explore UAB

Colleges & Schools

Research Security and Export Control Office of Research

INFORMATION NEEDED FOR H-1B EXPORT CONTROL SCREENING

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. Even if such information is released to the H-1B employee within the US, the regulations consider the release a “deemed export” as if the information had actually been sent to the H-1B employee’s home country.

In essence, the EAR pertains to the production, development, or use of “dual use” items found on the Commerce Control List, while the ITAR pertains to technical data directly related to defense articles found on the US Munitions List.

As part of the USCIS forms to file an H-1B petition, UAB is required to attest and certify that it has reviewed the EAR and ITAR and determined whether or not controlled technology or technical data will be a deemed export in this situation and has applied for a license, if necessary.

For additional background and help determining whether export control regulations will apply to your international hire, please refer to the Export Control Office’s Export Control Decision Tree.

Invalid Input
Invalid Input
Invalid Input
Invalid Input
Invalid Input
Invalid Input
Invalid Input
Invalid Input
Invalid Input
Invalid Input
Invalid Input
Does employee/applicant hold Dual Citizenship?
Invalid Input
Invalid Input
Invalid Input
Invalid Input
1. Will the candidate be conducting any research while at UAB?
Invalid Input
2. If yes, is there an expectation that the results of that research will be shared broadly and/or published within the scientific community?
Invalid Input
Invalid Input
4. Will the employee be involved with any projects that (select all that apply)?
Are proprietary or involve proprietary information?
Invalid Input
Require the employee to obtain a certain security clearance (i.e. Secret, Top Secret)?
Invalid Input
Involve research overseen by the Office of Sponsored Programs?
Invalid Input
If yes, have any of the projects been issued a Technology Control Plan (TCP)? If yes, please attach a copy of the TCP to this form.
Invalid Input
Invalid Input
Have publication or access/dissemination restrictions imposed by the sponsor, including but not limited to confidential disclosure, proprietary information agreements, and/or material transfer agreements?
Invalid Input
Are departmentally-funded?
Invalid Input
Require foreign national approval by the sponsor?
Invalid Input
Invalid Input
5. Does the candidate participate in a foreign talent recruitment program? [Please reach out to the applicant to obtain a true and accurate response].
Invalid Input
Invalid Input

A "foreign talent recruitment program" is any program, position, or activity that includes compensation in the form of cash, in-kind compensation, including research funding, promised future compensation, complimentary foreign travel, things of non de minimis value, honorific titles, career advancement opportunities, or other types of remuneration or consideration directly provided by a foreign country at any level (national, provincial, or local) or their designee, or an entity based in, funded by, or affiliated with a foreign country, whether or not directly sponsored by the foreign country.

With respect to technology or technical data UAB will release or otherwise provide to the international employee, I certify that I have reviewed the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR) and, to the best of my knowledge, have determined that at the time of filing the H-1B petition, a license is not required from either the US Department of Commerce or the US Department of State to release such technology or technical data to the international employee.

Invalid Input
Invalid Input
Invalid Input
Invalid Input
Invalid Input