Beginning February 20, 2011, employers filing the new Form I-129, and completing Part 6, to petition workers in the H-1B, H-1B1, L-1, and O-1A nonimmigrant categories, will have to certify, under penalty of perjury, that they have reviewed the Export Administration Regulations (“ERA”) and the International Traffic in Arms Regulations (“ITAR”), and that they have determined that either:
(1) 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; or
(2) A license is required from the U.S. Department of Commerce and/or the U.S. Department of State to release such technology or technical data to the beneficiary and the petitioner will prevent access to the controlled technology or technical data by the beneficiary until and unless the petitioner has received the required license or other authorization to release it to the beneficiary.
Federal law prohibits the "export" of controlled technology and technical data to certain foreign nationals in the United States without a license. In completing Part 6, the petitioning employer is now required to understand U.S. export control law. Laws and regulations governing export controls are complex.