Federal export-controls laws long have required U.S. companies to restrict the technical information they provide to foreign-national employees in the United States. Under the deemed-export rule, disclosing technical information to foreign nationals — mostly non-immigrant workers — is considered an export to the individual’s home country and may require prior government approval in the form of an export license.
Historically, the government has not enforced the rule vigorously, and compliance has been uneven. New requirements imposed by the U.S. Citizenship and Immigration Service (USCIS) signal a radical change in the government’s approach to deemed-export enforcement. The new approach will require close cooperation among immigration, employment and export-control lawyers.
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