The concept of a deemed export is explained in Deemed exports: sharing technology with foreign nationals in the U.S.. This article is about the practical next step: when a licence is actually needed, and how to get one without delaying a hire or a project.
Deciding whether a licence is needed
- Classify the technology the person will access — ECCN in product group E, or EAR99. See product groups A–E.
- Identify the country — the person's most recent citizenship or permanent residency.
- Read the Country Chart for the technology's reasons for control. An X means a licence is required. See how to use the Country Chart.
- Check exceptions — for example TSR for some technology to Country Group B, with conditions.
The visa link
For H-1B, L-1, O-1A and H-1B1 petitions, Form I-129 asks the employer to certify whether a licence is required to release technology or source code to the beneficiary, and that the person will not be given access until any licence is obtained. The export analysis must therefore be done before the petition is filed.
What an application contains
- the technology — description, ECCN and reasons for control;
- the person — nationality, immigration status, education and work history (a résumé);
- the role — duties, projects and why access is needed;
- the access — which technology, at what level;
- the safeguards — the company's technology control plan.
Applications are filed through SNAP-R. See the export licence application process.
Timing
Deemed export applications go through interagency review and can take weeks or more. Build the time into hiring plans: the person can start on work that does not involve the licensed technology.
Conditions and management
- Licences usually carry conditions — limits on the technology, reporting, or changes in role.
- Access must be limited to what the licence covers.
- Changes — new projects, a change of citizenship or status — may require a new or amended licence.
- Keep the licence, conditions and access records together.
Common mistakes
- granting system access on day one before the analysis is complete;
- classifying the product instead of the technology the person will actually see;
- overlooking visiting researchers, interns and contractors;
- forgetting that permanent residents are not foreign persons for this purpose — and that a change of status changes the analysis.
In ECCN.help
The ECCN.help Classification Workflow classifies technology as well as hardware and software, rule-based with no AI, and the licence check reads the result against the Country Chart for the person's country — the first two steps of a deemed export decision.
ECCN.help provides research and assistance, not legal advice. Verify every result against the regulation.