Technology Export Issues Impact Employers of Foreign Workers

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As part of an effort to crack down on technology and technical data leaks to foreign countries, the U.S. Citizenship and Immigration Services (“USCIS”) recently mandated the filing of a new Form I-129 to be completed by employers of foreign workers.

The new form includes a “Certification Regarding the Release of Controlled Technology or Technical Data to Foreign Persons in the United States” which must be completed by those who employ or seek to employ foreign nationals under various visa programs, including those covered by H, L and O nonimmigrant visas (such as H-1B, H-2B, H-3, L-1, and O-1 visas).

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