Export Controls and Visa Petition Reviews

In submitting an H-1B petition for a foreign national employee, Wesleyan must attest that it has evaluated whether the university requires an export license to release export controlled technology or technical data to the individual during his/her anticipated course of employment.  Specifically, the question is whether Wesleyan will require a U.S. government “deemed export” license to release technical information to the foreign national.

A “deemed export” is a release of export-controlled science or technical information to a foreign national under International Traffic in Arms Regulations (ITAR) or the Export Administration Regulations (EAR), as the release is considered an “export” to that individual’s home country.

On each H-1B petition that Wesleyan files on behalf of a foreign national “beneficiary” (employee), Wesleyan must certify, with input from the relevant Department Chair or other supervisor, that it has reviewed the EAR and ITAR and has determined whether or not a U.S. Government export license is required to release controlled technology or technical data to the beneficiary.  United States Citizenship and Immigration Services (USCIS) has stated that these export licensing requirements will affect only a small percentage of petitioners because most types of technology are not controlled for export or release to foreign persons.  However, for each H-1B petition, Wesleyan must review EAR and ITAR and determine whether the beneficiary's case involves export controlled technology or technical data. 

For each H-1B petition, the Department or Program Chair or other supervisor must complete the deemed export screening tool and attestation found here.  If the answer to any question on the screening tool is “'Yes,” or if the Chair otherwise has reason to believe that an export license may be required, the Chair should contact Jennifer Bomar at 860-685-3090.  If the answer to each question is “no,” the Chair should complete the second portion of the form, the deemed export attestation, and return it (with the screening tool) to Jennifer Bomar.

For more information about export controls at Wesleyan, please click the following links:

Return to the Main Export Controls page

Export Controls at Wesleyan University: What You Should Know

PI Responsibilities and Export Controls