H-1B VISA

H1-B VISA: Export Control and Research Security Review process:

The H-1B VISA is a temporary worker VISA that’s designated for individuals coming temporarily to the United States to perform services in a specialty occupation. A specialty occupation is defined as one that requires “theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor's or higher degree, or its equivalent, as a minimum requirement."  

The export control and research security review is a crucial and mandatory part of the H-1B visa process for U.S. employers, especially in research and tech fields. It is mandated by the U.S. Citizenship and Immigration Services (USCIS) to ensure that employers certify they've assessed if a foreign national employee will access sensitive, export-controlled technology or data (deemed export), potentially requiring a U.S. government license before employment begins. This certification on Form I-129 ensures compliance with federal regulations such as the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR), protecting national security, and avoiding severe penalties for violations.  

To initiate the H-1B export control review process, the hiring department must submit the “Internal Request Form for a H-1B Employee - Departmental Form” and supporting documents within DASH Research Export Control. The following is an outline of the steps: 

1. The hiring department, in collaboration with the Human Resources department and the Office of General Counsel, fills out the “Internal Request Form for a H-1B Employee - Departmental Form”.
2. The hiring department fills out the VISA (I-129 Part 6) request type on DASH Research Export Control (https://dash.tennessee.edu/home) and attaches all the following documents.
   1. Internal Request Form for a H-1B Employee-Departmental Form
   2. A copy of a valid passport.
   3. An updated CV/ Resume.
   4. The job posting or job ad for the position.
3. Before the hiring department finishes the VISA (I-129 Part 6) form in the DASH Research Export Control module, they must assign Holly N. Bentley as a responsible party and then click “Finish”.
4. After clicking “Finish,” a pre-submission will be automatically created in the DASH Research Export Control module with Holly N. Bentley as a responsible party to proceed to the next steps.
5. The hiring department will need to notify Holly Bentley via email that there is an H-1B visa application to review and submit in the DASH Research Export Control module.
6. General Counsel will review the information in the VISA (I-129 Part 6) form in the DASH Research Export Control module and ensure all questions are answered, and all required documents are attached.
7. General Counsel will submit the VISA (I-129 Part 6) form to the export control officer for a final review and approval.
8. All VISA applicants will receive updates about the outcome of this review from the General Counsel or Human Resources department. 

Notes:  

• All H1-B VISA applicants must follow up with the hiring department if they have any questions, updates, or concerns.
• Hiring departments can use the attached manual for step-by-step instructions on how to fill out the VISA (I-129 Part 6) request type in the DASH Research Export Control module.  

Resources:

• DASH-Research Export Control Guide PDF

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