Foreign Persons Participating in Research
Overview
Foreign person employees, including faculty, research scientists, postdoctoral associates, staff, students, and other research personnel, make important contributions to Stony Brook University's research, education, and service mission.
Most foreign person employees may fully participate in University research without restriction. However, certain research activities may involve research security-related requirements, including export controls, sponsor requirements, research information protection, cybersecurity, government-controlled information, or other institutional requirements. These requirements depend on the nature of the research and the information, technology, equipment, or materials involved—not an individual's citizenship or immigration status.
The Office of Research Security (ORS) assists principal investigators, supervisors, departments, and research personnel in identifying applicable research security-related requirements before research activities begin.
REQUEST A research security REVIEW
What Is a Foreign Person Employee?
For purposes of U.S. export control regulations, a foreign person generally includes an individual who is not a U.S. citizen, lawful permanent resident, or protected individual under applicable U.S. law.
Foreign person employees may include:
- Faculty
- Research scientists
- Postdoctoral associates
- Graduate research assistants
- Undergraduate researchers
- Research staff
- Visiting faculty employed by the University
- Other University employees participating in research
Most foreign person employees may participate fully in University research. However, certain research activities require additional review before access to controlled research information, equipment, software, technology, or government-controlled information is provided.
Contact ORS Before You
Contact ORS before a foreign person employee will:
- Participate in research involving export-controlled equipment, software, technology, technical information, or materials.
- Access Controlled Unclassified Information (CUI), Government-Furnished Information (GFI), or other government-controlled information.
- Participate in research subject to sponsor restrictions involving foreign persons or controlled research information.
- Require access to sponsor-restricted, proprietary, confidential, or export-controlled research information.
- Participate in research involving defense, national security, or other controlled technologies.
- Require access to secure research computing environments or controlled-access research systems.
- Travel internationally with controlled research equipment, software, technology, or research information.
- Participate in research activities where you are uncertain whether research security-related requirements apply.
Key Considerations
I Foreign person employees contribute to research across all academic disciplines and
generally may participate fully in research activities. However, certain projects
require additional review because of sponsor requirements, export controls, research
information protection requirements, or other institutional obligations. Researchers should consider: Early consultation helps identify applicable requirements while supporting productive
research participation.
Releasing controlled technology, source code, or technical information to a foreign
person may constitute a deemed export under U.S. export control regulations. Researchers should consider: Most University research is intended to qualify as fundamental research, and resulting
research information is generally not subject to export licensing requirements. However,
export controls may still apply to controlled technology, source code, equipment,
software, sponsor-provided information, or other regulated items and activities.
Foreign person employees may require access to research information, sponsor-provided information, research computing environments, or other research resources.
Researchers should consider:
- Sponsor restrictions on research information.
- Controlled-access research repositories.
- Government-controlled information.
- Secure research computing requirements.
- Cybersecurity safeguards required by sponsors or contracts.
- Appropriate access controls for research systems and information.
ORS coordinates with the appropriate University offices, as needed, to identify applicable research security-related requirements.
Some federal sponsors establish requirements governing participation by foreign persons in sponsored research.
Depending on the sponsor and project, investigators may need to consider:
- Sponsor disclosure requirements.
- Foreign Components or other international research activities, when applicable.
- Access restrictions contained in award terms and conditions.
- Prior approval requirements.
- Research security certifications.
- Other sponsor-specific research security obligations.
Investigators should consult ORS and the Office of Sponsored Programs whenever sponsor requirements may affect project participation.
Research security considerations should be evaluated before assigning foreign person employees to research projects.
Early planning helps departments and investigators:
- Identify applicable research security-related requirements.
- Determine whether export control review is required.
- Evaluate sponsor or contractual restrictions.
- Establish appropriate access controls, when necessary.
- Minimize delays after employment or project assignment.
Related Guidance
| Related Guidance | Description |
|---|---|
| International Visitors | Guidance for planning, hosting, and supporting international faculty, researchers, students, visiting scholars, and other research visitors. |
| International Collaborations | Guidance for planning, establishing, conducting, and managing research collaborations with international researchers, institutions, companies, and organizations. |
| Export Control Classification | Learn how equipment, materials, software, technology, and technical information are classified under U.S. export control regulations. |
| Deemed Exports | Learn when releasing controlled technology or source code to a foreign person within the United States may constitute a deemed export. |
| Working with Government Information | Guidance for receiving, accessing, using, storing, sharing, and protecting government information, including CUI, FCI, Government-Furnished Information (GFI), and other government-controlled information. |
| Working with Proprietary & Confidential Research Information | Guidance for receiving, accessing, using, storing, sharing, and protecting proprietary or confidential research information received from sponsors, collaborators, companies, universities, and other external organizations. |
| Restricted Entity Screening | Learn how organizations and individuals are screened against U.S. government restricted party and entity lists before certain research activities. |
Frequently Asked Questions
Does hiring a foreign person employee automatically require ORS review?
No. Most foreign person employees may participate fully in University research without additional review. ORS review is generally required only when research activities involve export-controlled technology, sponsor restrictions, government-controlled information, or other research security-related requirements.
What is a deemed export?
A deemed export occurs when controlled technology or source code is released to a foreign person within the United States under circumstances regulated by U.S. export control laws.
ORS can determine whether export control review, licensing, or other authorization is required.
Can foreign person employees participate in federally funded research?
Yes. Most federally funded research does not restrict participation based solely on citizenship or immigration status. However, some sponsors impose project-specific requirements involving controlled technology, government-controlled information, or other research security-related restrictions.
Does the Form I-129 export control certification replace ORS review?
No. The export control certification completed as part of the immigration process satisfies a specific federal immigration requirement. Separate ORS review may still be required depending on the employee's research activities and access to controlled research resources.
Do all foreign person employees require export control review?
No. Export control review depends on the nature of the research activities and the information, technology, equipment, software, or materials involved—not solely on an individual's citizenship or immigration status.
Need Assistance?
Contact ORS if you are uncertain whether export control, research security, sponsor, information protection, cybersecurity, or other institutional requirements apply to a foreign person employee's proposed research activities or access to controlled research resources.
REQUEST A research security REVIEW