Hiring non-U.S. citizen for tech work? Export license might be needed

It's been that way for many years -- the term "export," in respect of technical data, includes disclosure to a foreign national even in the U.S. See the last sentence in this excerpt from the Commerce Department’s "Introduction to Commerce Department Export Controls" (which has links to information about State Department export controls as well):

"How an item is transported outside of the United States does not matter in determining export license requirements. For example, an item can be sent by regular mail or hand-carried on an airplane. A set of schematics can be sent via facsimile to a foreign destination, software can be uploaded to or downloaded from an Internet site, or technology can be transmitted via e-mail or during a telephone conversation. Regardless of the method used for the transfer, the transaction is considered an export.

"An item is also considered an export even if it is leaving the United States temporarily, if it is leaving the United States but is not for sale (e.g., a gift), or if it is going to a wholly-owned U.S. subsidiary in a foreign country.

"Even a foreign-origin item exported from the United States, transmitted or transshipped through the United States, or being returned from the United States to its foreign country of origin is considered an export.

"Finally, release of technology or source code subject to the EAR to a foreign national in the United States is “deemed” to be an export to the home country of the foreign national under the EAR."

http://www.bis.doc.gov/licensing/exportingbasics.htm (extra paragraphing added)

From what I gather, no - this only affects people in the US on employer sponsored visas like the L or H visas. If you are a permanent resident or on a non-employment based visa, then this does not affect you.