Foreign workers and visitors

The University of Nevada, Reno welcomes workers, visitors, and students from across the globe. While supporting a climate of openness in education and research, care must be taken to comply with export control, economic sanctions, and research security regulations. The information below discusses University's compliance procedures and special considerations when foreign nationals participate in research.

Evaluation of visa applications

An export controls and economic sanctions evaluation is required for foreign workers and visitors on the following visa types: H-1B, J-1 Research Scholar, J-1 Professor, J-1 Short-Term Scholar. Departments should complete the Export Control Evaluation for Foreign Workers and Visitors (SP-30) form then submit it along with the visa applicant’s CV for evaluation to ris@unr.edu. An Export Control Officer in Research Integrity & Security will conduct a Restricted Party Screening and evaluate the information provided in the SP-30 form and make one of the following determinations: 1) an export license will not be required; 2) an export license will be required; or 3) the University does not approve bringing the individual to the University and the visa application process cannot proceed. An evaluation must be completed for the initial visa request and each subsequent visa renewal. Evaluations can usually be processed within 1 working day of submission.

An export control evaluation is not required for J-1 or F-1 students. However, all personnel and visitors associated with export controlled research projects, including students, will be screened against restricted party lists.

Departments hosting foreign visitors for any reason may request a Restricted Party Screening by submitting the Export Control Evaluation for Foreign Workers and Visitors (SP-30) form to ris@unr.edu.

Once the form has been approved and returned to the department, submit the fully signed form with the rest of the visa application paperwork to the Office of International Students and Scholars.

Considerations for research involving foreign nationals

One of the primary concerns when foreign nationals are involved in research is the potential for unauthorized release of export controlled or proprietary information, technology, or technical data. It is the PI’s responsibility to ensure that unauthorized release does not occur.

PIs are encouraged to complete the one-hour online Research Security (Combined) training through CITI when foreign nationals are involved in research.

In order to protect export controlled technology and technical data, it is important to understand how they are defined. Definitions differ slightly, but importantly, between the ITAR and the EAR.

Technical Data (ITAR): 1) Information...required for the design, development, production, manufacture, assembly, operation, repair, testing, maintenance, or modification of defense articles; 2) Classified information relating to defense articles and defense services on the U.S. Munitions List and 600-series items controlled by the Commerce Control List; 3) information covered by an invention secrecy order; or 4) Software directly related to defense articles. It does not include 1) Basic marketing information on function or purpose, or general system descriptions; or 2) Information concerning general scientific, mathematical, or engineering principles commonly taught in schools, colleges, and universities.

Technology (EAR): Specific information necessary for the development, production, or use of a product. The key difference between the ITAR and the EAR is the EAR's definition of "use," which is "operation, installation (including on-site installation), maintenance (checking), repair, overhaul, and refurbishing." By using the word "and," the technology to use a product is only controlled if it includes all six elements of "use." As most user manuals for products do not include all six elements of "use," non-U.S. persons can generally use EAR-controlled equipment in research laboratories without the need for an export or deemed export license. There are some exceptions, such as technology for the use of products that were formerly controlled by the ITAR.

Restrictions on the release of technical data or technology do not apply to information already in the public domain, such as that available through unrestricted publications, unlimited distribution at open conferences, or in libraries. Nor do they apply to information generated from fundamental research.

It is also important to understand the ways that technology or technical data can be released. Technology and technical data is released when it is: 1) available to foreign nationals for visual inspection (such as reading or viewing technical specifications, plans, blueprints, etc.); 2) exchanged verbally, including overhearing conversations; or 3) made available by practice or application under the guidance of persons with knowledge of the technology (e.g., training or instruction).

Without a license or applicable license exception, the release of export controlled technology or technical data to a foreign national person is a violation of export control regulations.