Employers that decide to hire foreign nationals affected by the Department of Homeland Security (DHS) and export control requirement must implement sophisticated procedures related to that hiring.

In addition of obtaining proper visa status for prospective foreign national employees, employers must be aware of the circumstances in which employing a foreign national implicates federal export control regulations. Business in the high-tech, communications, and defenses contracting fields are particularly likely to encounter situations where employees perform jobs that require access to commodities or information in the workplace that are controlled by export regulations. In some cases, where a foreign national is involved the business must obtain a license before allowing such person access to information. Failure to obtain the proper license exposes both the employer and the alien to government sanctions, including civil and criminal penalties and denials of export privileges.