The听I-129 Petition for a Nonimmigrant Worker (work visa application) requires the University to state whether an export license is required for a visa听applicant听based on the activities they will engage in under their visa.听In order to meet this听requirement,听all H-1B and O-1 visa applicants must have an "H1B Export Review Questionnaire"听submitted on their behalf to the Office of Export Controls,听so that our office can determine听whether an export license is required for the proposed work activity.
Submission Process
Effective June 27th, 2022, The Office of Export Controls is no longer using the Visual Compliance I-129 Submission module for visa reviews.听Instead, complete the new听鈥淗1B Export Review Questionnaire鈥� and submit it with the applicant鈥檚 current CV or resume to听exportcontrolshelp@colorado.edu. Please put 鈥淗1B Review - [Applicant's Name]鈥� (or similar language)听in the email subject line.
Once received, the Office of Export Controls will reach out to the submitter if any additional information is needed and then forward a visa attestation to them when the review is complete. The attestation must be included with the documents sent to ISSS for visa processing.
Should you have any questions about the submission process, please reach out to听exportcontrolshelp@colorado.edu.
FAQs
Export control regulations have always required that foreign nationals be restricted from having access to export-controlled technology or technical data unless they have an export license or qualify for an exemption to the regulations. For visa processing, the Department of Homeland Security requires听employers to make this determination as part of the visa application process, rather than waiting until the person is hired.
If our initial review determines that a license may be required, The Office of Export Controls听will work with you to complete an application for the appropriate deemed export license.
The question in Part 6 of the H-1B application requires a categorical 鈥測es/no鈥� answer.听Penalties for violating export control laws can be very severe,听potentially including hefty, hefty fines and jail time,听so it is important that a formal analysis is conducted by our Export Controls office.
Not directly; the听certification requirement applies only to the process of applying for H-1B and 听O-1 (worker) visas.听However, students are also covered by US export controls laws; if students receive or access export-controlled technology or technical data, they must be covered by either an export license or an exemption. For more information, please email exportcontrolhelp@colorado.edu.听
A 鈥渄eemed export鈥� occurs when controlled technology or information is released to a foreign national person located in the United States. This 鈥渞elease鈥� of information can happen in many ways, such as teaching a foreign-born person (e.g., a postdoc or student) - who is here working in a lab and in the United States on a visa - how to operate, install,听maintain,听repair, overhaul and refurbish a machine, or providing the geometry of a hypersonic vehicles design听to them (defense service). When controlled technology is released to a foreign national, that information is 鈥渄eemed鈥� to be an export to the country where the person is a resident or citizen. The concern is over how this information may be used and whether it could provide a risk to national security.
A foreign national or foreign person is anyone who is not a U.S. citizen, is not a lawful permanent resident of the U.S. (i.e., does not have a green card), or who does not have refugee or asylum status. The person doing research could be at any level: student, postdoc, faculty, visiting scholar, lab tech, departmental staff, and with any employment title.
To determine eligibility for project participation, each foreign person may need to have a determination made by the Export Control office. Deemed export review is specifically required prior to submitting a petition on for H-1B, H-1B1, L-1, and O-1A visa types. The review process is especially important, and may be more lengthy, if the country the researcher is from has sanctions and embargoes placed on it by the government of the United States.