Deemed Export’s Effect on G.U.’s “import” of faculty, researchers, and staff

1. Deemed Export’s Effect on G.U.’s “import” of faculty, researchers, and staff January 2011 Office of General Counsel Office of International Programs Office of Regulatory Affairs Office of Sponsored Programs Office of Sponsored Research

2. Presentation Goals At end of session, attendees will understand: • Basic concept of deemed export • Its effect on Georgetown’s academic enterprise, especially on hiring processes and timelines for sponsorship • How to complete Export Controls Addendum

3. Agenda • Overview of Export Controls • Effect on Georgetown’s academic enterprise • Revised H-1B and O-1 Request processes

4. Georgetown – an Exporter?!!

5. Export Controls

6. Government Regulations • Export Administration Regulations (EAR) • Systems, Equipment, and Components • Test, Inspection, and Production Equipment • Material • Software • Technology • International Traffic in Arms Regulations (ITAR) • Classified defense articles • Technical data

7. Government concerned with … • National security • Protection of U.S. trade, economy, and businesses

8. Government concerned with … Goods and Intellectual property

9. More Specifically … • Release of technology to foreign nationals

10. Export is “deemed” to take place when technology is released to a foreign national inside the U.S.

11. Visual inspection (technical specifications, plans, blueprints, etc.) • Delivered orally • Through practice or application under guidance of expert

12. Information necessary for development, production, or use of a product

13. Restrictions Apply to

14. Exempt from export restrictions • Basic & applied research in science & engineering • Widely published and shared broadly in scientific community

15. Current Visa process

16. Process resulted in • Delays in issuance of U.S. visas • More thorough inspections of everyone entering/leaving the U.S.

17. No one happy

18. New Attestations (paraphrased) • Don’t need license because technology exempt from ITAR or EAR • Need license, but won’t let foreign national touch technology until have license

19. New Process

20. Georgetown’s revised immigration process

21. Initial stages of process

22. Department portion • Online request form • Internal posting • Similarly employed workers page • Official PD and HR classification memo for staff positions • Check request • Letter of support • Wage determination page for non-staff positions • Export Controls Addendum Department Administrator Principal Investigator

23. the online request • Online request form must be completed for every application • Minimum requirements should be listed on online request • Submit PD via e-mail when do online request for staff

24. Internal posting • 10 business days in 2 locations • Can submit to OIP before 10 business days are up • Consider dates – 3 years vs. year-by-year

25. fees • Fee increase as of November 2010 • $325 base fee • $500 for new, transfer or concurrent H-1B petitions • $1225 premium processing fee • Must be paid by Department • Expense Vouchers • Call Sandra 7-4627 (name of foreign national) for pick up

26. Export Control Addendum • For positions funded by grants or contracts • All cost center numbers • Citizenship or publication restrictions • Detailed description of duties and responsibilities • Equipment, data, materials, technologies

27. Timelines AND CONSIDERATIONS • Advance planning more important now than ever • Last minute petitions not feasible • Required for all H-1B and O-1 applications including extensions • Timely filed extensions

28. Before submission to USCIS

29. USCIS processing time • Currently about 5 months • $1225 premium processing fee only shortens USCIS processing time to 15 days

30. Questions?