Instructions For Petition For Nonimmigrant Worker (Form I-129) Page 6

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Requirement to Certify Compliance with U.S. Export Control Regulations. The U.S. Government requires each
company or other entity that files a Form I-129 to certify that to the best of its knowledge at the time of filing it has
reviewed the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR) and
determined whether it will require a U.S. Government export license to release controlled technology or technical data to
the beneficiary.
If an export license is required, the company or other entity must further certify that it will not release or otherwise
provide access to controlled technology or technical data to the beneficiary until it has received the required authorization
from the U.S. Government.
The petitioner must indicate whether or not a license is required in Part 6., Certification Regarding the Release of
Controlled Technology or Technical Data to Foreign Persons in the United States, of Form I-129.
Controlled Technology and Technical Data. The licensing requirements described above will affect only a small
percentage of petitioners because most types of technology are not controlled for export or release to foreign persons.
The technology and technical data that are, however, controlled for release to foreign persons are identified on the EAR’s
Commerce Control List (CCL) and the ITAR’s U.S. Munitions List (USML). The CCL is found at 15 CFF Part 774,
Supp. 1. See The USML is at 22 CFR 121.1. See
The EAR-controlled technology on the CCL generally
pertains to that which is for the production, development, or use of what are generally known as “dual-use” items. The
ITAR-controlled technical data on the USML generally pertains to that which is directly related to defense articles.
The U.S. Department of Commerce’s Bureau of Industry and Security administers the CCL and is responsible for
issuing licenses for the release to foreign persons of technology controlled under the EAR. The U.S. Department of
State’s Directorate of Defense Trade Controls (DDTC) administers the USML and is responsible for issuing licenses
for the release to foreign persons of technical data controlled under the ITAR. Information about the EAR and how to
apply for a license from BIS are at Specific information about EAR’s requirements pertaining to the
release of controlled technology to foreign persons is at
Information about the ITAR and how to apply for a license from DDTC are at
Classification - Initial Evidence
For all classifications, if a beneficiary is seeking a change of status or extension of stay, evidence of maintenance of
status must be included with the new petition. If the beneficiary is employed in the United States, the petitioner may
submit copies of the beneficiary’s last 2 pay stubs, Form W-2, and other relevant evidence, as well as a copy of the
beneficiary’s Form I-94, passport, travel document, or I-797.
The beneficiary’s dependent family members (generally, spouses and children under 21) should use Form I-539,
Application to Change/Extend Nonimmigrant Status, to apply for a change of status or extension of stay.
A nonimmigrant, who must have a passport to be admitted, generally must maintain a valid passport during his or her
entire stay.
The following nonimmigrants are not eligible to change status:
1. An alien admitted under a visa waiver program;
2. An alien is transit (C) or in transit without a visa (TWOV);
3. A crewman (D);
4. A fiancé(e) (K-1) or his or her dependent (K-2);
5. A spouse of a U.S. citizen (K-3) or his or her dependent (K-4);
6. A J-1 exchange visitor who was admitted in J-1 status for the purpose of receiving graduate medical training;
7. A J-1 exchange visitor subject to the foreign residence requirement who has not received a waiver of that requirement;
and
8. An M-1 student to an H classification, if training received as an M-1 helped him or her qualify for H classification.
Form I-129 Instructions 01/17/17 N
Page 6 of 29

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