Export Control Compliance for Employers and Other Immigration Law Updates

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In This Article:

New Export Control Compliance and Certification Requirements for Employers Who Seek to Hire Certain Nonimmigrants; Current H-1B Visa Count; Current PERM Processing Times; Visa News from the U.S. Department of State; January 2011 Visa Bulletin Released; and, For Further Information.

New Export Control Compliance and Certification Requirements for Employers Who Seek to Hire Certain Nonimmigrants Beginning on December 23, 2010, companies sponsoring foreign nationals for certain employment-based nonimmigrant visas will be required to certify that they have complied with the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR). Although businesses and universities objected to this requirement during the notice-and-comment period established by U.S. Citizenship and Immigration Services (USCIS), the certification requirement was made part of the new I-129 Nonimmigrant Visa Petition, which will supersede all previous editions of the form, as of December 23, 2010.

The certification requirement mandates that employers comply with U.S. export controls applicable to "deemed exports"—i.e., releases of technology to foreign nationals in the United States. Employers wishing to hire foreign nationals under H-1B and H-1B1 Chile/Singapore petitions for professionals in a specialty occupation; L-1 petitions for intracompany transfers of executives, managers and specialized knowledge professionals; and O-1A petitions for foreign nationals of extraordinary ability in the sciences, education, business or athletics may want to ensure they have adequate internal controls to enable them to assess compliance with deemed export controls and provide accurate representations concerning such compliance at the time of filing the visa petition....

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Published In: Immigration Updates, Labor & Employment Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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