What is ‘Deemed Export’ when hiring foreign technical employees?

The ‘Deemed Export’ (presumed export) is a concept in U.S. export control law. It occurs when a controlled technology is released or transferred to a foreign national, even within U.S. territory. In practice, giving a foreign employee access to certain technical data may be treated, for legal purposes, as exporting that technology to their home country.

The rationale behind the rule is to protect sensitive technologies, such as those with military or strategic applications, whose disclosure could affect national security or provide a competitive advantage to other countries. That is why controls apply to access to information, not just the physical shipment of a product abroad.

In the context of those who invest through EB-5 and plan to hire foreign technical employees, this matters: if the role involves data or technologies classified as sensitive, the employer may be subject to export controls, with strict rules governing who can access what.

• A foreign national’s access to controlled technology may already qualify as an export.
• The focus is on protecting sensitive information, not just the physical transfer.
• Non-compliance may result in sanctions for the company and the individuals involved.

Because each technology may fall under export control rules in a different way, it is worth mapping what will be handled and seeking specialized guidance in export control and immigration law before hiring, in accordance with the requirements of the U.S. Department of Commerce.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.