Export Control Attestations required for H-1B, L-1 and O-1PetitionsOn November 23, 2010, United States Citizenship and Immigration Services(USCIS) issued a new version of its Form I-129 Nonimmigrant
Petition -- the formused to sponsor foreign nationals for most nonimmigrant visas. The new form mustbe used for all petitions filed on or after December 23, 2010. In asignificant change, the new I-129
form now requires employers who are filing forH, L or O visas to attest as to whether the employment of the foreign nationalemployee requires an export license. As explained in detail below, an
employerwho provides to its foreign national employee access to certain technology ortechnical data would be considered to have exported that technology or technicaldata, and such “deemed” export
could be subject to a requirement of licensureunder either the International Traffic in Arms Regulations (ITAR) or the ExportAdministration Regulations (EAR). Under the language of the new I-129form,
the petitioning employer must attest that it has reviewed the EAR and ITARand must then certify that either:(i) A license is not required from either [the] U.S. Departmentof
Commerce or the U.S. Department of State to releasesuch technology or technical data to the foreign person; or (ii) Alicense is required from the U.S. Department of Commerce
and/or the U.S.Department of State to release such technology or technical data to thebeneficiary [foreign national employee] and the petitioner [employer] willprevent access to the controlled
technology or technical data by thebeneficiary until and unless the petitioner has received the required licenseor other authorization to release it to the beneficiary.Read FullAlertDecember 21,
2010DownloadAlert as PDFVisit PracticeGroupSubscribe to Mailing ListsSubscribe to RSSFeedContactSeyfarthAttorney Advertising. This Management Alert is a periodical publication ofSeyfarth Shaw LLP and
should not be construed as legal advice or a legal opinionon any specific facts or circumstances. The contents are intended for generalinformation purposes only, and you are urged to consult a lawyer
concerning yourown situation and any specific legal questions you may have. Any tax informationor written tax advice contained herein (including any attachments) is notintended to be and cannot be
used by any taxpayer for the purpose of avoidingtax penalties that may be imposed on the taxpayer. (The foregoing legend hasbeen affixed pursuant to U.S. Treasury Regulations governing tax
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