

Hiring non-U.S. citizen for tech work? Export license might be needed - dctoedt
http://www.ballardspahr.com/alertspublications/legalalerts/2010-12-20_nonimmigrantworkerpetition.aspx

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antonioe
We are now importing/exporting thoughts. How much should they charge for a bad
piece of code vs a good piece of code? Ridiculous.

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dctoedt
It's been that way for many years -- the term "export," in respect of
technical data, includes disclosure to a foreign national even in the U.S. See
the last sentence in this excerpt from the Commerce Department’s "Introduction
to Commerce Department Export Controls" (which has links to information about
State Department export controls as well):

 _"How an item is transported outside of the United States does not matter in
determining export license requirements. For example, an item can be sent by
regular mail or hand-carried on an airplane. A set of schematics can be sent
via facsimile to a foreign destination, software can be uploaded to or
downloaded from an Internet site, or technology can be transmitted via e-mail
or during a telephone conversation. Regardless of the method used for the
transfer, the transaction is considered an export.

"An item is also considered an export even if it is leaving the United States
temporarily, if it is leaving the United States but is not for sale (e.g., a
gift), or if it is going to a wholly-owned U.S. subsidiary in a foreign
country.

"Even a foreign-origin item exported from the United States, transmitted or
transshipped through the United States, or being returned from the United
States to its foreign country of origin is considered an export.

"Finally, release of technology or source code subject to the EAR to a foreign
national in the United States is “deemed” to be an export to the home country
of the foreign national under the EAR."_

<http://www.bis.doc.gov/licensing/exportingbasics.htm> (extra paragraphing
added)

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nkassis
As a permanent resident in the US would that affect me?

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ckorhonen
From what I gather, no - this only affects people in the US on employer
sponsored visas like the L or H visas. If you are a permanent resident or on a
non-employment based visa, then this does not affect you.

