Canadians Working as protected individual as defined by 8 U.S.C. 1324b(a)(3)

[CdnGeo]

Does anyone know if the protected individual as defined by 8 U.S.C. 1324b(a)(3) would apply to a Canadian who is currently working in the us under a legal non-resident visa?
I have wanted to apply to many aerospace jobs but have always been stopped by the caveat that you must be a US person to be ITAR compliant.
Any insights would be much appreciated here. 

[QuantumG]

You have to have a temporary or permanent residence visa.

I've run into ITAR in my job and I don't even work in aerospace. It's one of the most draconian laws the US has - explicitly limiting both freedom of speech and freedom of association.

[CdnGeo]

I have been reading as much as possible and it seems to apply to those who are illegally in the US.  I have a non-immigrant, temporary resident visa. 
The sections and sub-sections are confusing and often relate to individuals who entered the US in the early 1980's.  How crazy is a system who will grant employment to illegal aliens before legal aliens?

[QuantumG]

You said you didn't have a resident visa.. if you have a resident visa (even if it's temporary), you're protected.

Of course, go talk to an immigration lawyer.

[Bob Shaw]

ITAR applies to such insane things as hinges on doors on ships being built in the UK (trust me). Seriously vital technology, that! And for a long time it messed with what would otherwise have been a free launch market (not free as in launches, obviously!). Meanwhile, Iran and N Korea are in orbit (more-or-less)...

[simonbp]

Does anyone know if the protected individual as defined by 8 U.S.C. 1324b(a)(3) would apply to a Canadian who is currently working in the us under a legal non-resident visa?
I have wanted to apply to many aerospace jobs but have always been stopped by the caveat that you must be a US person to be ITAR compliant.
Any insights would be much appreciated here. 

I would still apply, as it depends on the job and which visa you have. As a Canadian, a TN visa (through NAFTA) helps a lot.

http://travel.state.gov/content/visas/english/employment/nafta.html

[jongoff]

Honestly, I'm skeptical that would work from an ITAR perspective. Admittedly, if they really, really like you ITAR doesn't prevent a foreigner working there--they just need an export license to share ITAR restricted info with you. That's not infeasible, just annoying as heck.

~Jon

[CdnGeo]

ITAR does seem quite crazy, to me.  I suppose at ITAR things seem reasonable...
Canadians are restricted from jobs at Boeing and Northrup Gruman in the US.   Boeing has had offices and locations in Canada since the early 1900's and NG has just opened a facility in Ontario.  The reason a Canadian engineer wants to work at the US locations is to do design and testing.  We are not interested in illegal activities - too busy.
I did email ITAR and got an email back that said we could work in the US if the employer would fill out a little paperwork.  It seems they do not understand their laws either.

[D_Dom]

Not sure who you emailed but I consider it likely that individual has a much different idea of what "a little paperwork" looks like as compared with a major aerospace company. As Jon points out, even for an independent company the licensing requirements can be "annoying as heck".

[mvpel]

I'm working with a Canadian citizen on a MATLAB project, and he can't even look at the system where I've installed the software he wrote. Quite annoying indeed.

[edkyle99]

Meanwhile

http://timesofindia.indiatimes.com/tech/tech-news/Backlash-stirs-in-US-against-H-1B-visas/articleshow/37946545.cms

 - Ed Kyle

[CdnGeo]

RE:  India Times article on H-1B visas
I have been researching US visa's for a long time and the whole process seems quite crazy.  The comment that the job was not offered to the American but instead the H-1B visa holder due to a difference in money does seem odd as the H-1B visa applicant (the employer) pays a lot of money to get it and is still not guaranteed that it will be granted.  The second thing in this article that I am having trouble understanding is that an H-1B visa can only be applied for by an employer - how does a staffing company qualify?  Getting an interview does not guarantee you will get the job so the staffing company is not guaranteed the placement so how does that qualify for an H-1B visa.  Is it possible that there is some fraud happening here?  The staffing company obtaining a visa and then applying it to anyone they can place? 
I am aware that many of the H-1B visas are, in fact,  going to medical personnel and that the lack of visas is certainly giving the medical industry some problems.

[docmordrid]

If you are expecting common sense and consistency from a US govt. program, especially as regards immigration, you should reset your expectations. On most topics it's bipolar at best, and fully manic at its worst.

[mvpel]

Maybe if you pose as a Guatemalan teenager instead of a highly skilled technical professional, you'd get a free ticket from Texas to Boston.

[docmordrid]

Maybe if you pose as a Guatemalan teenager instead of a highly skilled technical professional, you'd get a free ticket from Texas to Boston.

Don't get me started. I did a full-bore rant  on that last night.