Proposed Revision Requires Employers to Obtain BIS Deemed Export License before Filing for H-1B

On February 8, 2010, the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS) issued a notice requesting comments on the proposed changes of Form I-129, Petition for a Nonimmigrant Worker. If revised, Form I-129, used to apply for H-1B visas for skilled technical workers, will require employers to obtaine a deemed export license from the Bureau of Industry and Security (BIS) before applying for the H-1B visa itself. Before, an employer could file for H-1B visa and the deemed export licensed simultaneously. 

As provided by the instructions to Form I-129 on p. 4, if a deemed export license is required, "the petitioner must submit evidence that a review of the deemed export license requirements has been completed, as set forth by Title 15, Code of Federal Regulations (CFR), Export Administration Regulations (EAR) Part 734.2 the Deemed Export Rule as regulated by the U.S. Department of Commerce."