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  • Purpose

    Illinois State University seeks to attract the most talented faculty, staff, and students from around the world. This page is aimed at informing the campus community regarding the export control requirements that may impact the hiring of foreign nationals. Professional staff from Human Resources and International Studies will work together with the Hiring Manager and the Export Control Officer to act as a resource for the hiring department and to ensure that the process is as streamlined as possible.Please see procedure section on how to get started.

  • Background

    The US Citizenship and Immigration Services (USCIS) requires that the University affirm that a review of export control (EAR and ITAR) regulations as they pertain to the duties of the candidate has been completed. This process applies to J-1, H-1B, H-1B1, L-1, or O-1 non-immigrant worker visa applicants and is performed in Part 6 of Form I-129, the USCIS Petition for a Non-Immigrant Worker. This must be completed before any controlled technology or technical data can be released to the individual.

  • Foreign National

    A foreign national is anyone who is not currently a US citizen, permanent resident (green card holder), or has not been granted asylum or refugee status in the United States. Individuals that hold a temporary visa such as H-1B, H-3, J-1, etc. are considered to be foreign nationals and require a deemed export certification before the release of any controlled technology is provided to any such persons. The deemed export certification applies to all foreign nationals coming to the university in any position including laboratory technicians, visiting scholars, faculty, researchers, and foreign students seeking an advanced degree where the individual may have access to export controlled data or technology.

  • Deemed Export

    When controlled technologies or technical data are released to a foreign person within the US, this release is "deemed" to be an export to that person's home country. The exchange of this information can be performed in many ways including verbal exchange, written exchanges including e-mail, and visual inspection among others.; Any such release of controlled information is subject to export licensing requirements. The department chair/director or other person responsible for each foreign national must fill out a deemed export questionnaire to assist the Export Control Officer in determining whether a license will be required for the hiring of a foreign national.

Steps in the Hiring Process

  • Hiring department contacts Human Resources when any applicant answers 'yes' to the question "Will you now, or in the future, require visa sponsorship at Illinois State University?" on the employment application.
  • Once an offer has been accepted by the applicant, the department will contact HR to initiate the onboarding process.
  • HR will notify the Export Control Officer to initiate an export control assessment.
  • Hiring supervisor completes the deemed export questionnaire and submits it to the Export Control Office.
  • Export Control Officer will assess any export control concerns, develop technology control plans as necessary, and sign off on the hiring.
  • HR will work with outside counsel and International Studies to file the appropriate visa applications.
    • Please note that visa applications cannot be filed until the export control assessment has been completed.  The identification of potential export control concerns will not halt the hiring process.  This assessment will be used to ensure that the proper safeguards are in place prior to exposing any foreign nationals to controlled items, information, or technology.

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