GAO Report on H-1B Visas and Deemed Export Controls

The General Accounting Office (GAO) has released a new report entitled "Export Controls: Department of Commerce Controls over Transfer of Technology to Foreign Nationals Need Improvement." The report calls for a "reexamination of the current approach to controlling foreign national access to technology in the United States." Specifically, the GAO called for INS to refer H-1B change of status applications to Commerce Department where controlled technologies are involved. The report also stated that the Department of "Commerce stated that it would contact INS to explore ways of referring to Commerce H-1B change-of-status applications involving employment that might result in access to sensitive technology." The report cited to vulnerabilities in the Department of Commerce’s deemed export system could help China and other countries of concern improve their military capabilities due to the lack of screening of H-1B non-immigrant visa holders. GT will follow up with information as it becomes available.

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