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  #1 (permalink)  
Old 12-10-2009, 05:09 PM
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achu can only hope to improve
Default H1B classification

Hi,

Is H1B status enough to work on ITAR jobs?

thanks

Last edited by achu; 07-13-2010 at 07:26 PM.
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  #2 (permalink)  
Old 12-10-2009, 06:48 PM
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Originally Posted by achu View Post
Hi,

My employer started to get ITAR orders.

ITAR means International Traffic in Arms Regulations

I have EAD, but I still work under H1B.

Is it a problem to continue to work as H1B since ITAR requires citizenship or permanent residence?

Is permanent resident equals to EAD?

thanks
achu.
Are you sure that you need citizenship or permanent residence? As far as I am aware, the most you would need would be an ITAR license to access controlled information. Typically the criteria for granting licenses are based on the country you are representing and this is based on your employer's location and on your citizenship.
There are some restrictions to citizens in the denied countries list and of known security risks. If you are not a citizen of Libya or North Korea or one of those countries, I don't think your H1B should be a big issue as long as your employer is ready to apply for a license for you, or the license granted to your company does not explicitly exclude people of your citizenship.
To be specific, this is a complex question, and Export Control is a very vast area of knowledge. Your employer will need to talk to their export control division to know if you will have a problem, but unless you are dealing with something very sensitive, you should be okay.
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  #3 (permalink)  
Old 12-10-2009, 08:20 PM
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Quote:
or the license granted to your company does not explicitly exclude people of your citizenship.

Are you saying that if my employer licensed then as an H1B employee I will also automatically licensed? Again is EAD status equal to permanent resident?
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  #4 (permalink)  
Old 12-10-2009, 09:49 PM
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Originally Posted by achu View Post
Are you saying that if my employer licensed then as an H1B employee I will also automatically licensed? Again is EAD status equal to permanent resident?
I am saying that you need to speak to someone who is conversant with Export control. Typically licenses are inherited, but they have exclusions. A simple license (which is typical) might give every employee in the engineering division of the Tampa, FL branch access to information EXCEPT if they are citizens of a denied country (Libya, North Korea, Syria etc.). In such a case, you would have access unless you are a denied party.

Depending on the types of products and the kind of license, the exclusions could be more detailed, but I have never heard of immigration status being one of the criteria.

Does your license specifically require you to be a permanent resident or a citizen? If so, you would need to consult an export control attorney to know how to interpret your "Adjustment of Status" in the context of ITAR. I am quite certain that it cannot be interpreted as a "Permanent Resident" as it is a temporary status, but you still need to confirm.
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  #5 (permalink)  
Old 12-10-2009, 10:29 PM
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Default Itar

EAD and/or H1B do not equal permanent residency. And a company cannot have an ITAR license. You, as an individual, need to get an ITAR license for every piece of restricted technology your company has. Serious pain. Have fun.
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  #6 (permalink)  
Old 12-11-2009, 02:38 AM
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AFAIK ITAR is for only US Citizens not even GC Holders. My co. didn't file ITAR certification for me rather did FDA.
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  #7 (permalink)  
Old 12-11-2009, 01:42 PM
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Originally Posted by vine93 View Post
AFAIK ITAR is for only US Citizens not even GC Holders. My co. didn't file ITAR certification for me rather did FDA.
Are you saying that you supposed to get ITAR license; instead got FDA?
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  #8 (permalink)  
Old 12-13-2009, 06:22 PM
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Default ITAR Controls/Questions

You can continue work on ITAR Controlled products or technology provided the employer get a license typically the DSP-5 to pass the technology on to a Foreign Employee. ITAR controls are typically placed on US Military controlled products including technical data and licenses are granted by US Deparment of State - Agency called Directorate of Defense Trade Controls ( DDTC) US State Department - Policy - Directorate of Defense Trade Controls

An export officer in your company will need to apply for one on your behalf if the intention is to have you work on the project. Your company needs to be registered with the DDTC.

Typically will need full details of yourself, your current resume, a full detailed history with no gaps on your entire employment history and your work degrees. The employer will also need to execute an NDA and Technology Control Plan to be in place with the sponsored employee.

A typical license is valid for 48 months or the current validity of your visa or EAD. Then is subject to renewal thru a DSP-6 form which can extend the period.

If you need additional details, please email me since I work in the export control space
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  #9 (permalink)  
Old 12-14-2009, 12:22 AM
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Only GC holders and Citizens can work on ITAR.
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  #10 (permalink)  
Old 01-06-2010, 06:05 AM
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Thanks for sharing Knowledgeable information with us..
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