Immigration
Revised Form I-129 Form Requires Petitioners to Certify Compliance with Export Controls
02/20/11 01:13 PM
Effective February
20, 2011, the revised Form
I-129, Petition for
a Nonimmigrant Worker, requires a petitioner
seeking H-1B, H-1B1, L-1 or O-1A visas to
certify that it has reviewed U.S. export control
regulations and determined that:
(a) a license is not required to release technology to the foreign worker; or
(b) if an export license is required, it will not release controlled technology to the foreign worker until it has received a license or other authorization to do so.
For additional information about the revised form and petitions for nonimmigrant worker visas, see http://www.uscis.gov.
(a) a license is not required to release technology to the foreign worker; or
(b) if an export license is required, it will not release controlled technology to the foreign worker until it has received a license or other authorization to do so.
For additional information about the revised form and petitions for nonimmigrant worker visas, see http://www.uscis.gov.
Proposed Form I-129 Revision Requires Employers to Obtain BIS Deemed Export License before Filing for H-1B
02/08/10 11:33 PM
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.