Business Immigration Insights

U.S. Citizenship and Immigration Services announced recently that US employers who petition for foreign workers in the H-1B, H-1B1 (Chile/Singapore), L-1, and O-1A categories will not be required to complete Part 6 of Form I-129 until February 20, 2011.  Part 6 contains the employer certification regarding licensing requirements under export controls and ITAR, recently discussed in this blog. USCIS received a number of inquiries from stakeholders requesting that the agency delay implementation of this requirement in order to give petitioners time to establish the necessary ...

U.S. Citizenship and Immigration Services recently issued a new Form I-129, effective December 23, 2010.  Part 6, "Release of Controlled Technology or Technical Data to Foreign Persons in the U.S.," requires an employer to certify it will not "release" controlled technology or data to an H-1B, L-1 or O-1 worker without the appropriate "export license," if one is required.  Under the Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR), a "deemed export" occurs when controlled technology or technical data is "disclosed" or "transferred" to ...