Export Control Certification For H-1b, H-1b1, L-1, Or O-1a Nonimmigrant Visa Petitions printable pdf download

Export Control Certification for H-1B, H-1B1, L-1, or O-1A Nonimmigrant Visa Petitions

Filed on Form I-129 “Petition for Nonimmigrant Workers”

TO BE COMPLETED BY THE SUPERVISOR OF PROSPECTIVE EMPLOYEE OR THE DEPARTMENT CHAIR

DIRECTOR

Prospective H1-B Employee Name: ___________________________________________ Dept: __________________

Prospective Employee Country of Birth: _______________________________ Citizenship: ____________________

U.S. Citizenship and Immigration Services (USCIS) has changed its Form I-129, adding a section that requires review and

certification relative to export controlled technology or technical data released to a prospective employee on an H-1B, H-1B1

(Chile & Singapore), L-1, or O-1A nonimmigrant visa. As the new section certifies whether the H-1B employee will or will not

potentially require a license from the U.S. Department of Commerce or the U.S. Department of State, completing the form

means that basic export control issues must be assessed by those who will supervise the prospective employee.

More information about export controls is available through the UNCC export controls training module that can be found on the

Office Research Compliance page

Citi Program training module

It is now mandatory that you review the training module at

and the export control website before

answering the below questions in advance of preparing the visa petition. Per Form I-129 requirements, a certification must be

made as to whether or not a license is required from U.S. Department of Commerce or U.S. Department of State. Your answers

below will help determine whether or not an export license may be needed for the prospective employee.

This form is to be filled out by the Supervisor of Prospective Employee or the Department Chair/Director.

Is the potential employee from Iran, Cuba, North Korea, Syria, Iran, Libya or Sudan?

Yes

Will the potential employee’s project be subject to the ITAR (includes equipment/tech data)?

Yes

Will the potential employee have access to encryption source/object code?

Yes

Will the potential employee be involved in a project that has a Technology Control Plan in place?

Yes

Will the applicant be involved in a project that:

Is proprietary in nature?

Yes

Have any publication and/or dissemination restrictions?

Yes

Has a specific military purpose?

Yes

Requires foreign national approval by sponsor (or stipulates that no foreign nationals allowed)?

Yes

Will the potential employee be working with high-tech or experimental equipment (examples would be

high-speed computers, sensors, materials, electronics, lasers, telecommunication devices or other

Yes

cutting edge equipment)?

Will the potential employee be working on corporate sponsored research?

Yes

Will the potential employee be working on materials obtained under a Materials Transfer Agreement

(other than the Uniform Biological Materials Transfer Agreement)?

Yes

Will the potential employee be working on other projects not administered as corporate sponsored

project or Materials Transfer Agreement which involve data, knowhow, software or equipment of a

Yes

technical nature?

Export Control Certification Form

H-1B, H-1B1, L-1, or O-1A Visas

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Export Control Certification For H-1b, H-1b1, L-1, Or O-1a Nonimmigrant Visa Petitions

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