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법률 노동법/상법

Q. DACA Status offered job that required ITAR compliance

지역California 아이디c**tury2**** 공감0
조회4,666 작성일9/23/2017 9:25:48 PM
As a DACA recipient and have Bachelor of Science in Mechanical and Aerospace Engineering, I was in 2 month hiring process. After three in-person interviews and personality assessment, drug screening and background check, I was given a 'go' from the HR to start the next following day.

But, the job that I was offered is a position that requires clearance from Export Controls for ITAR (International Trades in Arms Regulations). HR and the management team, that I was supposed to be or will be part of, did not know until they asked me for EAD, passport for I-9, that HR put a hold on the night before my start day becauses for foreign national cannot work in ITAR regulated area to be in compliance.
My job title is departmend manager, and as this company is global and ranking top three in this engineering industry.

As I'm put on hold for this, I have provided the HR to be able to get a license certification for export of defense related intellectual property technical data to me, the foreign national. The forms were DSP-5 and DSP-85.

Currently, the company is having internal meeting to determine whether if they want to move forward or to try and applying for the export control license which would enables me to work in their facility.

What can I do at this time? Does anyone know anything about receiving the offer and accepting and putting on hold the day before...? or in terms of ITAR, DACA, DSP-5, DSP-85 per DDTC regulations..
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답변일 9/24/2017 11:13:17 AM
In my knowledge, you are not qualified for that position at all. Only citizen of America can get that type of job. Even greencard holder can't get job. HR team should know & put on ad that condition. You didn't pay attention on job ad or HR did mistake.
As example, green card holder can't open liquor store. Only citizen.
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