Sophie Alcorn, lawyerauthor and founder of Alcorn Immigration Law in Silicon Valley, California, is a Certified Specialty Attorney in Immigration and Nationality Law awarded by the Board of Legal Specialization of the State Bar. Sophie is passionate about transcending borders, expanding opportunities, and connecting the world by practicing compassionate, visionary, and expert immigration law. Connect with Sofia in LinkedIn and Twitter.
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Dear Sophie,
I am a citizen of India. I will graduate from a master's program in the United States in the spring. I am interested in working in space technology and will apply for jobs in that field while on OPT. I have heard that most space technology companies are reluctant to hire people on F-1 student visas due to export regulations and other compliance issues. How can I one day pursue my dreams?
— Space expert
Dear space,
You refer to the complicated issue of export control laws. Working in space technology can be complicated for an immigrant with OPT, H-1B or O-1A. Listen to my talk with Bailey Reichelt, a regulatory and corporate attorney who focuses on this issue in relation to the commercial space industry and technology startups. During our conversation, he explained export control laws and what companies, founders, and talent need to keep in mind when working in technology or sharing information.
For many, the answer is getting a green card, but the starting point is often an H-1B visa through the lottery. For the latest on this year's annual H-1B lottery, register for my free live educational webinar covering everything you need to know about H-1B visas in 2024.
As we dive into the work of commercial space technology and startups, it's important to start with an overview of some of the basics, including EAR (Export Administration Regulations) and ITAR (International Traffic in Arms Regulations). ) and why these regulations make it difficult. for space technology companies to hire people on student or even work visas.
Introduction to export controls
According to Reichelt, the United States has two main export control laws that govern how certain technology, software, technical data and other materials are exported or shared physically or electronically with foreign countries and even with foreign-born people who live and work in the United States. Joined. a student or work visa. Its objective is to protect the national security, foreign policy and economic interests of the United States:
- EAR (Export Administration Regulations) controls the export and import of both commercial and military technologies and data. The U.S. Department of Commerce's Bureau of Industry and Security (BIS) oversees EAR.
- ITAR (Regulations on International Traffic in Arms) controls the export and import of military-grade products, services, software and data, such as space technology. The US State Department's Directorate of Defense Trade Controls oversees the ITAR.
