“Deemed” Export Attestation for L-1, O-1A, and H-1B Employers


Beginning February 20, 2011 employers filing for L-1, O-1A, and H-1B petitions are required to attest on the Form I-129 nonimmigrant visa petition that they are in compliance with the Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR) regarding the release of controlled technology or data. USCIS previously had announced that this new attestation would be required as of December 2010 but postponed the start date for two months. The EAR and ITAR prohibit the release or “export” of certain technology and technical data to foreign nationals in the United States without authorization from the U.S. government. For more information about what is required of employers, guidelines can be found at www.pmddtc.state.gov/regulations_laws/itar.html .

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