Under federal Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR), US employers must seek and receive a license before releasing controlled technology or technical data to non-immigrant workers serving in the J-1 Postdoc or Exchange Visitor status. Even if such information is released to the international visitor within the US, the regulations consider the release a “deemed export” as if the information had actually been sent to the international visitor’s home country.
In essence, the EAR pertains to the production, development, or use of “dual use” items found on the Commerce Control List, while the ITAR pertains to technical data directly related to defense articles found on the US Munitions List.
For additional background and help determining whether export control regulations will apply to your international hire, please refer to the Export Control Office’s Export Control Decision Tree.