Sophie Alcorn, lawyerits author and founder Alcorn Immigration Law in Silicon Valley, California, is an award-winning Certified Specialist in Immigration and Nationality Law from the State Bar Board of Legal Specialization. Sophie is passionate about overcoming borders, expanding opportunities and connecting the world by practicing compassionate, visionary and experienced immigration law. Connect with Sophia on LinkedIn and Twitter.
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Dear Sophia,
I am a citizen of India. I will be graduating from a master’s degree in the US in the spring. I am interested in working in space technology and will apply for jobs in this field while on OPT. I have heard that most aerospace companies are reluctant to hire people on F-1 student visas due to export rules and other compliance issues. How can I one day chase my dreams?
— Space knowledge
Dear Space,
You are referring to the complex issue of export control laws. Working in space technology can be difficult for an immigrant on OPT, H-1B, or O-1A. I hear my conversation with Bailey Reichelt, a legal and corporate attorney who focuses on this topic as it relates to the commercial space industry and technology startups. During our conversation, he explained export control laws and what companies, founders and talent should keep in mind when working on technology or sharing information.
For many, the answer is to get a green card, but the starting point is often an H-1B through the lottery. For the latest on this year’s annual H-1B lottery, join my live, free educational webinar coverage everything you need to know about H-1Bs 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, such as the 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.
A primer on export controls
According to Reichelt, the United States has two primary export control laws that govern how certain technologies, software, technical data and other materials are exported or shared physically or electronically with foreign countries and even with people born in the foreign nationals living and working in the US student or professional visa. They are intended 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 technology and data. The US Department of Commerce’s Bureau of Industry and Security (BIS) oversees the EAR.
- ITAR (International Traffic in Arms Regulations) controls the export and import of military-grade products, services, software and data, such as space technology. The US Department of State’s Directorate of Defense Trade Controls oversees the ITAR.
