Implications of Recent Revisions to Form I-129

The recent revisions to Form I-129, used to apply for H-1B visas for skilled technical workers, now require companies to certify that they are compliant with deemed export regulations. Human resource managers are typically responsible for filling out these forms, which means that they will have to make expert license determinations in order to certify that their company is informed of and compliant with the rules relevant to deemed exports. For instance, U.S. entities must apply for an export license under the “deemed export” rule if they intend to transfer controlled technologies to foreign nationals within the United States and transfer of the same technology to the foreign national’s home country would require an export license. In addition, proposed revisions will require employers to obtain a deemed export license from the Bureau of Industry and Security (BIS) before applying for the H-1B visa itself. If a deemed export license is required, the petitioner must submit evidence that a review of the deemed export license requirements has been completed, as set forth by Title 15, Code of Federal Regulations (CFR), Export Administration Regulations (EAR) Part 734.2 the Deemed Export Rule as regulated by the U.S. Department of Commerce. The Department of Homeland Security is accepting comments to this proposed change until April 9, 2010. –R. Ellen Coley