Visa Applicant/Beneficiary Deemed Export Questionnaire for Sponsored & Non-Sponsored Activities

Visa Applicant/Beneficiary Deemed Export Questionnaire for Sponsored & Non-Sponsored Activities

Important Background: Please read.

The United States Citizenship and Immigration Service requires that an employer, when filing an H-1B, H-1B1, L-1 or O-1 petition, certify that (i) it has reviewed the Export Administration Regulations (EAR) administered by the U.S. Department of Commerce and the International Traffic in Arms Regulations (ITAR) administered by the U.S. Department of State, and (ii) it has determined whether or not a license (prior authorization) is required from either of these Government agencies to allow foreign national employee access to export controlled items or technology (laboratory equipment/research instruments, materials, software or technology/technical data) controlled under the EAR or ITAR. (Please refer to Questions 1 -5 below following the Instructions.)

In the case of J-1 Visa Exchange Students and Visiting Scholars, FIU is also required to determine whether the J-1 visa candidate will be exposed to export control items or technology. (Please refer to Questions 1 -5 below following the Instructions.)

The transfer or release to a foreign national of such controlled items by any means is “deemed” to be an export to the foreign national’s country of citizenship or permanent residence, potentially requiring a U.S export license unless a particular authorized license exemption applies.

Instructions: The questionnaire must be answered by the sponsoring faculty member who is directly knowledgeable of the visa applicant/beneficiary's activities, and not by someone acting on behalf of the sponsor who is not directly knowledgably. Please complete the form as comprehensibly as possible.

If you do not have the information necessary to complete this Questionnaire and Certification, please contact University Compliance, 305-348-2216 (or by email at compliance@fiu.edu) to complete the processing of this certification questionnaire. University Compliance - Export Control will work with you to further determine whether the activities intended for the visa applicant require prior export control authorization from a governing U.S. agency or require a Technology Control Plan to temporarily or permanently restrict access by the beneficiary or visa applicant, but only to what is export controlled.