Export control certifications required of employers as a part of the petitioning process for certain immigration benefits can be especially challenging for smaller employers and can delay the immigration process.
While TSM focuses solely on immigration matters, we recognize that United States immigration laws do sometimes intersect with federal export control laws governing the release of technology, technical data, or certain information to a foreign national. Export control (and more specifically deemed export licensing) is not a new process and applies whether or not an employee is sponsored for immigration. USCIS requires disclosure, or the individual is a direct employee. However, prior to the Department of Commerce’s coordination with the USCIS, these requirements were not always enforced.