Certification Regarding the Release of Controlled Technology or Technical Data to Foreign Persons in the United States March 3, 2011
Certification Regarding the Release of Controlled Technology or Technical Data to Foreign Persons in the United States
Please note that as of February 20, 2011, U.S. Citizenship and Immigration Services now requires U.S. employers who file Form I-129 for H, L, and O visa status on behalf of foreign nationals to certify that they have: (1) reviewed the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR), and (2) have made a determination as to whether or not an export control license is required to release any controlled technology or technical data to the foreign national. If an export license is required to be obtained before such a release, then the employer must attest that the worker will not be exposed to covered technologies without first obtaining an export license covering the foreign worker:
WHGC recommends employers carefully review all of the available information on the web before making an attestation on Form I-129. Information about the Export Administration Regulations and how to apply for a deemed export license from Bureau of Industry and Security can be found at on their website. Information pertaining to the release of controlled technology to foreign persons can be found at Export Administration Requirements. How to apply for an export license from the Directorate of Defense Trade Controls and other information is listed online at International Traffic in Arms. Requirements regarding the release of controlled technical data can also be found at International Traffic in Arms.
Please note that by signing Form I-129, an employer is making a determination as to whether their technology or source code is subject to an export control license. A misrepresentation on Form I-129 is a violation of federal law. If an employer has any questions regarding whether they are subject to an export control license, WHGC strongly recommends you contact us immediately or consult with other qualified legal counsel regarding whether your company’s technology or technical data is subject to an export control license.
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