Proposed Form I-129 Revision Requires Employers to Obtain BIS Deemed Export License before Filing for H-1B
02/08/10 11:33 PM Filed in: Immigration
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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.”
Comments on the proposed changes are due by April 9, 2010.
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.”
Comments on the proposed changes are due by April 9, 2010.