Immigration Alert: Reprieve Granted Until February 20, 2011 to Answer Export Control Questions on Form I-129

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On December 1, 2010 we alerted you that the new Form I-129 (the nonimmigrant visa petition form), which went into effect on December 23, 2010, requires Petitioners to answer questions regarding the “deemed export” of controlled technology or technical data to their foreign national employees employed pursuant to the visa petition. Specifically, in Part 6 of the new form, the Petitioner must now answer questions about whether the foreign national to be employed pursuant to the visa petition will be exposed to controlled technology or technical data that requires an export license from the U.S. Department of Commerce (DOC) or the U.S. Department of State (DOS). The Petitioner must indicate either that a license is not required to release the technology or technical data to the foreign employee, or that if a license is indeed required, the Petitioner will prevent the foreign employee from access to such technology or technical data until such time as the Petitioner has received the required license or authorization to release it. For more information about the “deemed export” control requirements, please click here to review our December 1, 2010 alert and here to access the DOC’s FAQs on this subject.

Please see full alert below for more information.

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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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