Fillable Deemed Export Control Attestation (Page 3 of 3) in pdf

USCIS I-129 EXPLANATION OF THE DEEMED EXPORT ATTESTATION AS IT APPEARS ON

PAGE 3-4 OF THE I-129 INSTRUCTIONS FORM

Certification Pertaining to the Release of Controlled Technology or Technical Data to Foreign Persons in

the United States

U.S. Export Controls on Release of Controlled Technology or Technical Data to Foreign Persons. The

Export Administration Regulations (EAR) (15 CFR Parts 770-774) and the International Traffic in Arms

Regulations (ITAR) (22 CFR Parts 120-130) require U.S. persons to seek and receive authorization from the U.S.

Government before releasing to foreign persons in the United States controlled technology or technical data.

Under both the EAR and the ITAR, release of controlled technology or technical data to foreign persons in the

United States—even by an employer—is deemed to be an export to that person's country or countries of

nationality. One implication of this rule is that a U.S. company must seek and receive a license from the U.S.

Government before it releases controlled technology or technical data to its nonimmigrant workers employed as

H-1B, L-1 or O-1A beneficiaries.

Requirement to Certify Compliance with U.S. Export Control Regulations. The U.S. Government requires

each company or other entity to certify that it has reviewed the EAR and 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, then 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 from

the U.S. Government the required authorization to do so. The petitioner must indicate whether or not a license is

required on Page 6, Part 7 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

Deemed Export Control Attestation Page 3