Uscis Form I-129 "Petition For Nonimmigrant Workers"

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ESU Export Control Determination
USCIS Form I-129 “Petition for Nonimmigrant Workers”
The U.S. Citizenship and Immigration Services (USCIS) changed the I-129 Form and now an export
control review and certification is required in Part 6. Petitions for H-1B, H-1B1 Chile/Singapore, L-1,
and O-1A petitions require review and certification that the applicant during the period of employment
will, or will not, require a U.S. Dept. of Commerce or U.S. Dept. of State license under export control
provisions.
In order for the University to complete the I-129 Form, export control issues must be assessed by
the individual who will be supervising the foreign national employee or applicant.
Before answering the questions below, please review information about export controls.
Information is available online at: International Traffic in Arms Regulations, U.S. Dept. of State:
Export Administration Regulations, U.S.
Dept. of Commerce: You may obtain further information and assistance from
the Research and Grants Center or the Provost’s Office and questions about this form should be directed
to those offices. USCIS Form I-129 requires certification that you reviewed the export regulations and
determined that a license is, or is not, required. These answers will help determine if an export license is
needed for the foreign national employee or applicant.
Name of Applicant: _______________________________
Citizenship: ___________________
□ Yes □ No
1. Will the applicant have access to ITAR controlled data, technology,
materials, information, software, or equipment?
□ Yes □ No
2. Will the applicant have access to EAR controlled technology or
Encryption software code?
□ Yes □ No
3. Will the applicant be involved in a project that has a technology
Control plan in place?
4. Will the applicant be involved with a project that:
□ Yes □ No
a. Has restrictions on the release of certain project information?
□ Yes □ No
b. Has publication or access and dissemination restrictions?
□ Yes □ No
c. Has a military connotation or end use?
□ Yes □ No
d. Is sponsored by a defense agency?
□ Yes □ No
e. Is related to space, missile technology, or biological/chemical
weapons?
□ Yes □ No
f. Requires foreign national approval by sponsor or no foreign
Nationals are allowed?
□ Yes □ No
5. Do you have reason to believe the applicant will need an export license?
If you answered “No” to all of the questions, please sign below and submit this form along with the
Export Control Certification form to the Provost’s Office. Your signature below certifies the
information you provided above is true and correct, that you have reviewed the export control
regulations, and to the best of your knowledge no export license is needed for the applicant at the
time of signature.
__________________________________
_______________________________________
Name of Responsible Party
Responsible Party Signature
Date
__________________________________
_______________________________________
Department
Department Head Signature
Date
Adapted from University of Arizona 2011-03-28

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