Sophie Alcorn, lawyerauthor and founder Alcorn Immigration Law In Silicon Valley, California, he is an award-winning Certified Specialist in Immigration and Nationality Law by the State Bar Board for Legal Specialization. Sophie is passionate about transcending borders, expanding opportunities, and connecting the world through her compassionate, insightful, and expert immigration law practice. Connect with Sophie on LinkedIn And Twitter.
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Dear Sophie,
I am a citizen of India. I will graduate from a master’s degree program in the United States in the spring. I am interested in working in the field of space technology and will apply for jobs in this field while I am in the occupied Palestinian territories. I have heard that most space technology companies are reluctant to hire individuals with F-1 student visas due to export rules and other compliance issues. How can I one day achieve my dreams?
– Space savvy
Dear space,
You are referring to the complex subject of export control laws. Working in space technology can be difficult for immigrants on OPT, H-1B, or O-1A. Listen to My conversation with Billy Reichelt, a regulatory and corporate lawyer who focuses on this topic as it relates to the commercial space industry and technology startups. During our conversation, I explained export control laws and what companies, founders, and talent should consider when working on technology or sharing information.
For many, the answer is a green card, but the starting point is often an H-1B through the lottery. For the latest news on this year’s annual H-1B lottery, sign up for my free webinar coverage Everything you need to know about H-1Bs in 2024.
As we delve into the business of commercial space tech and startups, it’s important to start with an overview of some of the basics, including the EAR (Export Administration Regulations) and ITAR (International Traffic in Arms Regulations) and why these regulations make it difficult for space tech companies to hire individuals on visas. Students or even work.
A primer on export controls
According to Reichelt, the United States has two primary export control laws that govern how certain technology, software, technical data, and other materials can be exported or shared physically or electronically with foreign countries and even foreign-born individuals who live and work in the United States. Student or work visa. They aim to protect US national security, foreign policy, and economic interests:
- permission (Export Administration Regulations) controls the export and import of commercial and military technologies and data. The US Department of Commerce’s Bureau of Industry and Security (BIS) oversees the EAR.
- Itar (International Traffic in Arms Regulations) controls the export and import of military products, services, software and data, such as space technology. The US State Department’s Defense Trade Controls Directorate oversees ITAR.