Visas and Visiting Scholars
Export Controls Compliance for Visa Applications & Visiting Scholars
The U.S. Citizenship and Immigration Services (USCIS) requires employers to perform a “Deemed Export Attestation” prior to hiring an H-1B or O-1 non-immigrant employee and each time it files to extend an H-1B or O-1 visa. Before submitting an H-1B or O-1 visa petition, California Lutheran University must certify that:
- It has 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,
- It has determined whether a license or other government authorization is or is not required from either of these U.S. agencies before the foreign employee can have access to export controlled items or technology. This attestation is certified on USCIS Form I-129.
Employers may also need to obtain a “Deemed Export” license for J-1 exchange visitors (visiting scholars, research scholars, and trainees) as well as other visa applicants for the release of export controlled technology or technical data that may occur within the U.S. during their appointment. Under certain circumstances, employers may need to obtain U.S. government permission (deemed export license) prior to releasing technology to a foreign national. The government may deny license requests with regard to certain types of technology.
Deemed Export Questionnaire
California Lutheran University recognizes the importance of complying with U.S. federal export controls laws, sanctions, and embargoes, and is committed to full compliance with these regulations. In collaboration with the Office of International Students and Scholars (OISS), the Research Protections Office (RPO) reviews all applications of J-1, H-1B, and O-1 visas using the Visa Applicant Deemed Export Questionnaire.
Sponsoring faculty or individuals supervising a visa applicant should complete the Deemed Export Questionnaire using the button below.
Visa Applicant Deemed Export Questionnaire
Upon completion, the Deemed Export Questionnaire will be submitted to the Director of the Research Protections Office (RPO), who will review the information provided to determine if a deemed export license is required. Additional follow-up may be necessary. RPO will notify the Office of International Students and Scholars (OISS) and the sponsoring Department of the deemed export determination.
Review and approval from the Research Protections Office is required before the Office of International Students and Scholars (OISS) may process the J-1, H-1B, or O-1 visa.