New Visa Petition Attestation by Employers: U.S. Export Controls

On November 23, 2010 USCIS released a new version of Form I-129, Petition for a Nonimmigrant Worker. It includes a new attestation requirement for employers regarding export control licensing. Employers wishing to sponsor nonimmigrant workers in H-1B, L-1 and O-1A status will be required to certify that they have reviewed the designated regulations and determined whether they will require a license to release controlled technology or technical data to the beneficiary. Although the new form went into effect on November 23rd, employers are not required to begin using it for 30 days, or beginning December 22nd at the latest.

To be clear, the license requirement itself is not new. Under the Export Administrative Regulations (EAR) and the International Traffic in Arms Regulations (ITAR), employers already are required to seek U.S. Government authorization before exporting controlled technology or technical data to foreign nationals. When the foreign national recipient is