On February 20, 2011, U.S. Citizenship and Immigration Services will, for the first time, require employers of H-1B, L-1, and O-1 workers to attest on the Form I-129 to compliance with the “deemed export” rules which govern the release of technology to foreign nationals.
This new attestation means that, as part of the visa application process, companies now need to review contemplated technology disclosures that may be made to the foreign nationals for whom visas are being sought in order to ensure compliance with export licensing requirements.
Immigration Law Partner Colleen Caden and Jeffrey Johnson, a member of Pryor Cashman’s Intellectual Property and Corporate Groups, have authored an informative Legal Update entitled Export Attestation For Form I-129.
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