New Form I-129 Requires Immediate Employer Attention to “Deemed Export” Issues


Last week, U.S. Citizenship and Immigration Services (CIS) released a revised version of Form I-129, Petition for a Nonimmigrant Worker. This new version of the form — used for H-1B, L-1, and O-1A workers — has many changes, but perhaps the most significant is that CIS now requires employers to certify their compliance with the U.S. Department of Commerce’s “deemed export” rules, which govern the release of controlled technology to foreign persons. Employers will be required to use the new Form I-129 starting December 23, 2010.

The instructions for the Form I-129 provide a limited explanation of the requirements pertaining to deemed export licensing requirements. (For more information regarding the “deemed export” rule, see the Commerce Department’s FAQs). Employers who have not previously classified their technology on the U.S. export control lists and implemented an Export Management System (EMS) will have to get up to speed quickly in order to comply with the new certification.

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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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