Do I need to have Export Compliance License to file H1B ?

[arianhs]

Hi , 

I received an offer from Yahoo which as you know is a very large IT company. I received an email from the lawyer telling me they cannot file the H1B for me this year because my export compliance license is still "Pending". 

I talked to many of my friends at other companies (******, ******* and ********) and they told me Export Compliance License takes a very long time to be obtained (sometimes it's issued after starting a job with H1B) and it's usually impossible to obtain it before April 1st so it's not necessary to obtain in order to apply for the H1B. 

Do you have any information regarding this issue ? Do I need to have Export Compliance License in hand to file the H1B ? 

Best Regards, 
Arian

[pontevecchio]

Help yourself and actually talk to the Lawyer. They sometimes make errors in sending the wrong letter to the wrong person. It is actually also possible that you talk to the Hiring Manager and make sure an Immigration Lawyer is in the loop.

[JoeF]

From some site found via Google:

"As of February 20, 2011, a new version of the I-129 Nonimmigrant Petition form requires that the person filing a petition for H-1B, H- 1B1, L-1 and O-1 classification "certify" that the employer has reviewed the EAR and ITAR and determined that either: The employer is not required to obtain an export license for the beneficiary of the petition; or If the employer is required to get an export license, it will not allow the beneficiary to have access to controlled technology until a license is obtained."

 

So, would you be working on controlled technology? Search engines are controlled technology now? Or is that some stuff related to the likes of NSA?

[arianhs]

Is it usual for the companies to do an internal export compliance checking before applying for the governmental one ? I believe they are doing it this way and my status is Pending for the internal export license checking ! Have you heard of such a situation ? 

 

Thanks 

[JoeF]

Is it usual for the companies to do an internal export compliance checking before applying for the governmental one ? I believe they are doing it this way and my status is Pending for the internal export license checking ! Have you heard of such a situation ? 

 

Thanks 

Well, if you read what I quoted, the employer would have to review if the position requires it.

[boilerdam]

All, I started a separate thread regrading this issue. But since this is the only other discussion regarding EAR/ITAR compliance, I thought I'd ask for help here as well. I have an active H1-B permit valid till Sept 2015 and my employer now wants me to get an export license/be ITAR compliant. How do I go about doing this? FYI, my company is already registered with ITAR.

[JoeF]

All, I started a separate thread regrading this issue. But since this is the only other discussion regarding EAR/ITAR compliance, I thought I'd ask for help here as well. I have an active H1-B permit valid till Sept 2015 and my employer now wants me to get an export license/be ITAR compliant. How do I go about doing this? FYI, my company is already registered with ITAR.

 

You can't get anything. It is the employer's task, since the employer files the H1 petition.