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Important notice for UW Departments regarding H-1B petitions

Posted on February 15, 2011 at 8:55am

A message from Curt DeVere, Director, UW International Scholars Office.

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Greetings!

 

Effective February 20th, employers filing H-1B petitions with U.S. Citizenship and Immigration Services (USCIS) must make attestations regarding the release of controlled technology or technical data to the foreign employee named in the H-1B petition.  This is required for all H-1B petitions being filed, including both initial and extensions.  USCIS requires this attestation only in conjunction with the filing of an H-1B. For information about other situations in which the UW may require deemed export information, contact the UW Office of Sponsored Programs (OSP).

 

Most of us are familiar with the concept of exporting technology by shipping it overseas. However, an export of technology can also be “deemed” to take place when it is released to a foreign national within the United States. Controlled technology or technical data is considered “released” for export when it becomes available to foreign nationals for visual inspection, or when technology is exchanged orally, or when technology is made available by practice or application under the guidance of persons with knowledge of the technology.

 

Deemed exports must be authorized through an export license issued by the responsible government agency. If an export license is required, the employer must attest on the H-1B petition that it will not release to or otherwise provide the H-1B beneficiary with access to controlled technology or technical data until it has received the required license.

 

Universities have been required to comply with export control regulations for years. And most types of technology are not controlled for export or release to foreign nationals, so the export license will be required for only a small number of H-1B employees. However, a determination of whether the export license is required now must be conducted by the Office of Sponsored Programs before the International Scholars 0ffice (ISO) can submit any H-1B petition to USCIS. This is a new and important requirement.

 

Beginning immediately, all UW departments preparing to sponsor an H-1B must complete, sign, and send a “Deemed Export Compliance Attestation” form to exports@uw.edu as an attachment. The attestation form must be signed by the H-1B beneficiary’s Principal Investigator(s), the Department Chair, and the designated Dean’s/Chancellor’s Office signatory official. OSP will review, make a determination, sign, and forward the attestation form to ISO.  Questions about the form should be directed to OSP.  In most cases, this new step will not add any time to ISO’s processing of H-1B petitions, although it may add time to UW departmental processing.

 

Attached please find the related Export Control Memorandum. All signatories should read this memorandum prior to completing the attestation form.

 

The Memorandum can also be found at: http://www.washington.edu/research/.SITEPARTS/.documents/.exportControl/memorandum.pdf

 

The Deemed Export Compliance Attestation Form can be found at: http://www.washington.edu/research/main.php?page=ecrAttestation

 

Many colleges/schools have already appointed a Dean’s/Chancellor’s Office signatory official to review and sign the Deemed Export Compliance Attestation form.  These individuals are named below. In this person’s absence, the attestation could be signed by the Dean. No other representatives within a college or school, including designees, will be authorized to sign the Deemed Export Compliance Attestation form. Please contact your dean’s office to discuss internal procedures for processing the form.

 

For more information about export control requirements, please contact OSP.

http://www.washington.edu/research/?page=osp

 

For more information about H-1B procedures, please contact ISO.

http://iso.uw.edu/contact.html

 

Designated signatory officials for the Export Compliance Attestation Form

 

Arts & Sciences:  Steve Majeski, Associate Dean for Research Administration and Infrastructure

 

Built Environments:  Daniel S. Friedman, Dean

 

Business:  to be determined

 

Dentistry: to be determined

 

Education: to be determined

 

Engineering:  Mari Ostendorf, Associate Dean Office of Research and Graduate Studies, or Dave Castner, Associate Dean of Infrastructure

 

Environment:  to be determined

 

Information School: Cheryl Metoyer, Associate Dean for Research

 

Law:  to be determined

 

Libraries:  Charles E. Chamberlin, Senior Associate Dean

 

Medicine:  John T. Slattery, Vice Dean, Research and Graduate Education

 

Nursing:   to be determined

 

Pharmacy:  to be determined

 

Public Affairs:  to be determined

 

Public Health:  Mark Oberle, Acting Associate Dean for Research

 

Social Work:    to be determined

 

UW Bothell:     to be determined

 

UW Tacoma:  Kelly Fitzgerald, Director of Sponsored Research

 

Please give us a call or send an email if you have questions.

http://iso.uw.edu/contact.html

 

 

Curt

 

Curt DeVere, Director

International Scholars Office

University of Washington

Box 351245, 239 Gerberding Hall

Seattle, WA 98195

phone: 206-543-3392

fax: 206-685-8114

webpage: http://iso.uw.edu

email:  devere@uw.edu

Mon. - Fri., 8am to 5pm (closed 12 - 1pm)

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