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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