H-1B Export Control Screening Form

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.

Submitter Last Name(*)

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Submitter First Name(*)

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Submitter Middle Name

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Submitter Email(*)

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Submitter BlazerID(*)

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Submitter Department/Unit/School

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Job Title/Position Offered

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Employee Surname/Family Name

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Employee First/Given Name(s)

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Employee Email(*)

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Employee/Applicant Most Recent Country of Citizenship

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Does employee/applicant hold Dual Citizenship?

Yes

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If yes, please list each of the other Country(ies) of Citizenship

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Please provide a summary of the work to be performed while at UAB, including the location(s) where the work will be performed

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Please click here to upload a copy of the employee/applicant’s CV.(*)

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1. Will the candidate be conducting any research while at UAB?

Yes

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2. If yes, is there an expectation that the results of that research will be shared broadly and/or published within the scientific community?

Yes

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3. To what research technology and/or academic facilities, including computer servers and laboratories, will the employee have access? [Include information about access to potentially controlled and sensitive equipment, software, personnel, etc.]

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4. Will the employee be involved with any projects that (select all that apply)?

Are proprietary or involve proprietary information?

Yes

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Require the employee to obtain a certain security clearance (i.e. Secret, Top Secret)?

Yes

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Involve research overseen by the Office of Sponsored Programs?

Yes

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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.

Yes

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Copy of the TCP

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Are departmentally-funded?

Yes

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If you answered “yes” to any of the above, please explain. List and describe all projects. [Use additional space as needed.]

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5. Does the candidate participate in a foreign talent recruitment program? [Please reach out to the applicant to obtain a true and accurate response].

Yes

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If yes, click here to upload the foreign talent recruitment program agreement and other relevant documentation.

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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.

Supervisor/PI Name

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Supervisor/PI Title

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Supervisor/PI Email(*)

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Date

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(*)

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