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Hiring Foreign Nationals at NPS

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Foreign National, non PRA (Permanent Resident Aliens) hiring now requires that the NPS employer must first classify the technology or technical data that will be released to or be accessed by a prospective foreign national employee in order to determine whether an export license may be required. This new Federal regulation is effective 23 Dec 2010 and applies to all foreign nationals holding H01B, H1B1, L-1 or o1A visa classifications. The U.S. Immigration Service (USCIS) is seeking this export control information on its new Form I-129.

NPS employees, through use of the Form I-129, will have to certify on behalf of the prospective foreign national employee that they have reviewed the Export Administration Regulations (EAR) and the International Traffic Arms Regulations (ITAR) regulations and have made a determination as to whether or not an export control license is required to be obtained before such release, the NPS employer must attest that the worker will not be exposed to the covered technologies without first obtaining an export license covering the foreign, non-PRA worker.