Effective December 23, 2010, petitioners of nonimmigrant workers will be required to utilize revised USCIS Form I-129. In an effort to ensure compliance with U.S. Export Control regulations, new I-129 Petition for a Nonimmigrant Worker requires Certification Regarding the Release of Controlled Technology or Technical data to Foreign Persons in the United States after the petitioner has reviewed deemed export license requirements.

 

Technology or source code is considered to be exported not only under the traditional sense of shipping it overseas, but it can also be “deemed” to take place when it is released to a foreign national within the United States. The Export Administration regulations (EAR) (15 CFR Parts 770-774) and the International Traffic in Arms Regulations (ITAR) (22 CFR Parts 120-130) requires obtaining an export license issued by the U.S. Government before deemed exports may be authorized. The controlled technology and technical data that are controlled for release to foreign persons are identified in the EAR’s Commerce Control List (CCL) and the ITAR’s U.S. Munitions List (USML). While most types of technology are not controlled for export or release to foreign persons and therefore licensing would not be required, petitioners of nonimmigrant workers employed as H-1B, L-1, or O-1A beneficiaries, will be now required to explicitly make the attestation of compliance with export control laws (as shown in the captured image below taken from revised I-129):

 

 

To ensure compliance with U.S. Export Controls regulations, H-1B, L-1, and O-1A sponsoring departments are required to complete the U.S. Export Controls Form to be submitted to the Office of International Affairs when requesting on the these visas.