Additional Employer Certification Required for Revised Form I-129, Petition for a Nonimmigrant Worker


As of December 23, 2010, the United States Citizenship and Immigration Services (USCIS) requires applicants submitting a Petition for a Nonimmigrant Worker (Form I-129) to use the revised Form I-129, which indicates a revision date of November 23, 2010 (Revised Form). The Revised Form includes a new Part 6, entitled Certification Regarding the Release of Controlled Technology or Technical Data to Foreign Persons in the United States. In essence, the Revised Form requires applicants to certify that they understand their export control obligations and that they have systems in place to assure that controlled technology is not released to foreign nationals unless specifically authorized by the United States. Commencing February 20, 2011, applicants must complete Part 6 of the Revised Form, if applicable.


Pursuant to the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR), the United States controls the export of certain technology and technical data. Controlled technology and technical data may be deemed to be exported when it is transferred or released in the United States to a foreign person, thus triggering EAR or ITAR licensing requirements. U.S. persons are required to obtain authorization from the Department of Commerce’s Bureau of Industry and Security (BIS) or the State Department’s Directorate of Defense Trade Controls (DDTC) prior to transferring such controlled technology or technical data to a foreign person. The release to a foreign person of controlled technology or technical data without first obtaining a license may subject the person responsible for the export to penalties in excess of $250,000.00 per transaction.

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