Human Resources

Hiring Foreign National Employees

A foreign national visiting exchange student/scholar (J-1 visa) or a student conducting research (F-1 visa) may require prior authorization (an export license) if they will be exposed to export controlled technology as part of the research process and/or in relation to export controlled tools (instruments, software, materials, or proprietary technology) that may be present in the researcher’s laboratory or office environment. An export license, if required, will need to be acquired before such access/use is granted.

Foreign National Employee

An employer sponsoring a nonimmigrant employment-based visa for a foreign national (H1B, TN, O1) is required to certify to the U.S. Citizenship & Immigration Services (CIS) that (i) they have reviewed the Export Administration Regulations (EAR) administered by the U.S. Department of Commerce and the International Traffic in Arms Regulations (ITAR) administered by the U.S. Department of State, and (ii) they have determined whether or not a license (prior authorization) is required to allow the foreign national employee access to export controlled items or technology (laboratory equipment/research instruments, materials, software or technology/technical data) controlled under the EAR or ITAR.

When hiring a foreign national, there are two basic export control questions to consider:

1. Where are they from?
   • Denied and Restricted Parties screening requirements are intended to ensure that TAMU-CC does not engage in any activity with a party that is identified as a Restricted Party.
2. What will they be working on?
   • Will the work assignment involve, expose or potentially expose the foreign national to a scientific discipline where there is a possible export control exposure?
   • Will the visa applicant be provided access to technical data or information that has been determined to be “export controlled”?
   • Is there a Technology Control Plan (TCP) in place for the area where they will be working? If yes, review the TCP to ensure compliance.
   • Will the visa applicant be working in an area where export controlled items are located, even if they will not be directly working with the export controlled items?
   • Will the visa applicant be working under a sponsored research agreement (e.g. a grant or contract) that restricts or prohibits the participation of foreign persons?

When petitioning for a H1-B or O-1 visa foreign national employee beneficiary:

1. Prior to certification of H-1 and O-1 visa candidates, the supervisor completes the questionnaire to capture information that flags whether the foreign national visa candidate would, by virtue of his/her intended position, be exposed to export controlled data through EAR dual-use technology sharing or, in the case of an ITAR instrument, by accessing/using the ITAR instrument, software or data.
2. If an export control issue is identified by Human Resources, the questionnaire is forwarded to the Office of Research Compliance to establish a Technology Control Plan (TCP) or to apply for an export license to authorize a deemed export.

This process also informs the timing of the hire to allow for this process to occur prior to the foreign national’s on-boarding.

J-1 Exchange Visitors and Scholars

A foreign national visiting exchange student/scholar (J-1 visa) or a student conducting research (F-1 visa) may require prior authorization (an export license) if exposed to export controlled technology and/or export controlled tools (instruments, software, materials, or proprietary technology) that may be present in the researcher’s laboratory or office environment. An export license, if required, will need to be acquired before such access/use is granted.

TAMU-CC follows a similar process to that defined above.