Frequently Asked Questions

A deemed export is the release of controlled technology or source code to a foreign person inside the United States, and it is treated as an export to that person's most recent country of citizenship or permanent residency (15 CFR 734.13(a)(2) and (b)). An employer must obtain any license the Export Administration Regulations (EAR) would require for an export to that country before the release.

What counts as a release. Technology or source code is released when a foreign person inspects it visually or in another way that reveals it, or when it is shared through oral or written exchanges (15 CFR 734.15(a)). A license is required for a release to the same extent it would be for an export or reexport (15 CFR 734.15(b)). The deemed export rule covers technology and source code, but not object code (15 CFR 734.13(a)(2)).

Who is a foreign person. Under the EAR, a foreign person is anyone who is not a U.S. citizen, a lawful permanent resident or a protected individual under 8 U.S.C. 1324b(a)(3) (15 CFR 772.1). Companies not incorporated or organized to do business in the United States, international organizations and foreign governments are also foreign persons.

Workplace effect. The rule matters when an employer hires or hosts a foreign national who will see or discuss controlled technology at work. Information and software are not subject to the EAR when they are published (15 CFR 734.7), arise during or result from fundamental research (15 CFR 734.8), are released by instruction in a catalog course or associated teaching laboratory of an academic institution, appear in patents or open patent applications, are non-proprietary system descriptions or are certain telemetry data (15 CFR 734.3(b)(3)).

Hiring paperwork. Employers that sponsor certain visas must also certify their export review on the USCIS petition, covered in the FAQ on the Form I-129 export control certification.

Enforcement. Recent BIS actions are described in the news posts on the export denial order against Arthur Gau and the removal of a Turkish entity from the Entity List. The FAQ on what compliance training is describes compliance training in general.

Employers filing Form I-129 for H-1B, H-1B1, L-1 or O-1A workers must certify in Part 6 of the form that they reviewed the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR) and decided whether a license is required to release controlled technology or technical data to the beneficiary. The certification is part of the USCIS Instructions for Form I-129.

What the petitioner certifies. The petitioner must state one of two things. Either no license is required from the Commerce Department or the State Department to release the technology or technical data, or a license is required and the technology or technical data will not be released to the beneficiary until the employer receives the license or other authorization.

Where the lists are. Commerce-controlled items are on the Commerce Control List (CCL) at 15 CFR Part 774, Supplement No. 1. Defense articles and services are on the U.S. Munitions List (USML) at 22 CFR 121.1. The instructions note that most technology is not controlled and does not require a license for release to a foreign person.

Link to deemed exports. A release of controlled technology or source code to a foreign person in the United States is a deemed export (15 CFR 734.13(b)). The certification asks employers to decide before the worker starts whether that rule applies to the job. The FAQ on deemed exports under the EAR explains the rule.

Edition rule. USCIS lists the accepted edition of Form I-129 on its Form I-129 page. In October 2026, that page stated that starting November 9, 2026, USCIS accepts only the September 9, 2026 edition, and that the February 27, 2026 edition may also be used until then.

Related employer topics. Other hiring compliance steps are described in the FAQ on legal requirements for drug testing in the workplace and the FAQ on what compliance training is. A recent BIS denial order is covered in the news post on the 10-year export denial order against Richard Shih.

A willful violation of the Export Administration Regulations (EAR) can bring a criminal fine of up to $1,000,000 and, for an individual, imprisonment of up to 20 years, or both (50 U.S.C. 4819(b)). Civil penalties can reach the greater of a set dollar amount or twice the value of the transaction (50 U.S.C. 4819(c)).

Civil penalty amount. The statute sets the civil maximum at $300,000 per violation or twice the transaction value, whichever is greater. That dollar figure is adjusted for inflation in 15 CFR 6.3. In the October 2026 eCFR text, the adjusted maximum is $374,474 per violation (15 CFR 6.3(c)(6)).

Other civil sanctions. BIS may also revoke export licenses and deny export privileges, which bars a person from taking part in export transactions (50 U.S.C. 4819(c)). A civil penalty may be imposed only after notice and the chance for a hearing.

Who is liable. The penalties apply to companies and individuals, including employees who release controlled technology to a foreign person without the required license. A release inside the United States can be a deemed export, explained in the FAQ on deemed exports under the EAR.

Denial orders in practice. The news posts on the four-year denial order against Arthur Gau and the 10-year denial order against Richard Shih show how BIS uses export denial orders after criminal convictions.

Related topics. The FAQ on what compliance training is describes how training is recorded.