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Working with non-U.S. person on export-controlled items or information requires carful navigation of both export control laws and anti-discrimination laws.  U.S. export control regulations, including ITAR and EAR, restrict the release of certain technologies and information to foreign nationals.  However, anti-discrimination laws prohibit employers from discriminating based on national origin or citizenship when hiring, recruiting, or promoting.

Licensing Requirements: Releases to foreign persons may require an export license from the relevant government agency (e.g., DDTC for ITAR, BIS for EAR).

Deemed Exports: Releasing export-controlled technology or information to a foreign person within the U.S. is considered a “deemed export” to their home country.

While export control regulations apply regardless of visa category, the *activity being undertaken* (coursework, research, teaching, employment) and an individual’s immigration status can affect how those regulations intersect with federal requirements.  º£½ÇÖ±²¥ faculty and staff working with non‑U.S. persons—including international students, visiting researchers, and international faculty or staff—should be aware that export control requirements may intersect with immigration regulations. 

Foreign nationals at º£½ÇÖ±²¥ include individuals who are:

• Studying in the U.S.  (e.g., international students in F‑1 or J‑1 status),
• Conducting research (e.g., visiting scholars, postdoctoral researchers, research staff),
• Teaching or working at the University (e.g., faculty or staff in H‑1B, O‑1, TN, or other employment‑based statuses).
• The º£½ÇÖ±²¥ International Office partners with campus units to support visa compliance and to help navigate these considerations.

The International Office’s resources provide an overview of visa categories, institutional responsibilities, and guidance for hosting or employing international students, scholars, faculty, and staff:

º£½ÇÖ±²¥ International Office    Foreign Nationals at º£½ÇÖ±²¥