News & Noteworthy

Deemed Export Risk in the I-129 Visa Petition

Posted by Rick Phipps on Feb 16, 2017 10:30:00 AM

With H-1B visa window approaching, there is renewed attention on the I-129 visa application, notably the certification that “[a] license is not required from either the U.S.  Department of Commerce or the U.S. Department of State to release such technology or technical data to the foreign person.” Alternatively, the applicant can certify that an export will be required, and the applicant will prevent access by the employee to the controlled material until an export license is obtained. This required assertion is not new, but in 2011 the language was strengthened to read: “I certify, under penalty of perjury. . . ”  As a result, quite understandably, nervous managers and HR departments immediately sought advice on how to understand the requirement, research the situation, and then sign their visa petitions without suffering sleepless nights afterward.

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Topics: I-129, deemed exports