Imagine a satellite engineer, a hypothetical, not a client, who has just accepted an offer from a launch company. Her visa comes through, her start date is set, and on day one she's told she can't open the design files yet. Nobody did anything wrong. She has hit the second gate that space professionals face: export controls.

I'm David Keller, an immigration lawyer who works with engineers and the companies that hire them. Working in space usually takes two separate permissions. Immigration law decides whether you can work in the United States. Export-control law decides what technology you can touch once you're here.

Under the International Traffic in Arms Regulations, known as ITAR, an export includes releasing or otherwise transferring technical data to a foreign person inside the United States. That's called a deemed export. A release can happen when someone inspects hardware, through spoken or written exchanges, or by providing access information, such as login credentials, that lets someone reach unencrypted technical data. Space launch vehicles are covered under U.S. Munitions List Category Four, and certain spacecraft are listed in Category Fifteen. Spacecraft not listed in Category Fifteen generally fall under the Commerce Department's rules instead. These categories are under review, and the State Department has proposed revising both, so check the current list before relying on any classification.

The Commerce Department's Export Administration Regulations, known as the EAR, have a parallel rule for controlled technology and source code. Whether a license is needed depends on how the item is classified on the Commerce Control List and on the person's country. One difference matters if you have more than one passport. The EAR looks to your most recent country of citizenship or permanent residency. ITAR looks to every country where you have held or hold citizenship, or hold permanent residency. Technology that comes from fundamental research and is meant to be published is generally not subject to the EAR, but that doesn't cover controlled technology shared with researchers so they can do the research.

ITAR defines a U.S. person to include any lawful permanent resident and any protected individual under federal immigration law, a group that includes U.S. citizens and nationals, refugees, and asylees. The Commerce Department likewise says permanent residents, citizens, and protected individuals are exempt from the deemed-export rule.

The practical result is this. An H-1B, O-1, L-1, or F-1 OPT holder is generally a foreign person for export-control purposes, and their access to controlled technical data may require a State or Commerce Department license or other authorization. In practice, that means the employer applies to the government, describes the technology and the person, and waits for approval, which can take weeks or months. Once that same engineer becomes a permanent resident, the deemed-export license requirement generally falls away. Even then, government contracts and classified work can still require U.S. citizenship. That's why I tell space professionals that a green card isn't only about stability. In ITAR-heavy roles, it can shape which programs you're allowed to work on.

When a company files Form I-129 for an H-1B, H-1B1, L-1, or O-1A worker, Part Six requires it to certify that it has reviewed the EAR and ITAR and decided whether a license is needed to release controlled technology or technical data to that worker. If one is, the company must also certify that it will block the worker's access until the license or other authorization arrives. That answer needs a real export-classification review, not a guess.

There's a counterweight. Federal law bars employers from discriminating in hiring, recruiting or referral for a fee, and firing, based on citizenship status against protected individuals, and based on national origin against anyone authorized to work, which covers H-1B, O-1, and L-1 holders. A citizenship restriction is allowed only in narrow cases, such as when a law, regulation, executive order, or government contract requires it. The Justice Department's Immigrant and Employee Rights Section says ITAR and the EAR don't contain hiring requirements, so employers shouldn't use them to limit jobs to U.S. citizens or green card holders, and it advises keeping export-compliance checks separate from the Form I-9 process. Job postings and screening questions deserve careful drafting.

If you're the professional, here's what to do. First, ask early whether the role involves ITAR- or EAR-controlled work, and whether the company will apply for an export license if you need one. Next, treat the green card as a career strategy. A self-petitioned EB-1A or EB-2 National Interest Waiver may let you move without waiting on an employer. Last, if you hold, or have held, more than one citizenship, say so early, because ITAR and the EAR count nationality differently.

If you're the employer, here's what to do. First, classify your technology before you recruit, so the I-129 certification and any license strategy are ready on day one. Next, build a technology control plan for foreign-person employees while licenses are pending. Last, coordinate immigration and license timelines. A visa approval with no export authorization can leave a new hire with no work they're allowed to do.

Export control is its own field. I handle the immigration side, and I recommend bringing in qualified export-control counsel for classification and licensing. Planning works better when both sides start at the first offer letter. If you have an offer letter in hand, or you're about to make one, talk to us before the start date. Book a consultation with Keller Law Group, and let's map your pathway, including whether an EB-1A or National Interest Waiver could open more doors for you.

Schedule a consultation today.
Keller Law Group, LLC
Phone: (857) 810-8040
Email: info@kellerimmigration.com