The U.S. Department of Commerce
has
issued a formal advisory opinion on the applicability of the "deemed
export
" provisions of the Export Administration Regulations
(EAR) where
foreign worker provides services at a third party client site pursuant to a
contract between a the petitioner and a third party client.
has
issued a formal advisory opinion on the applicability of the "deemed
export" provisions of the Export Administration Regulations (EAR) where
foreign worker provides services at a third party client site pursuant to a
contract between a the petitioner and a third party client.  |
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Hillary Hess, Director, Regulator Policy Division of the Department of Commerce has provided an opinion that in the above mentioned scenario though the staffing company
has control over the employment of the foreign national but does not
have control over technology or source code that is provided to the
foreign national by the third party client, the third party client is
required to obtain authorization for a deemed export that might occur
when the third party client provides the foreign national with access to
technology or source code subject to the EAR.
Form I-129 (Petition for a Nonimmigrant Worker) are accurate.See the formal advisory opinion here
