USCIS has began accepting the revised version of the Petition for a Nonimmigrant Worker, Form I-129 (dated November 23, 2010). The new version of the form requires employers petitioning for H-1B, H-1B1, L-1 and O-1A nonimmigrants to make specific attestations related to the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR). The regulations control the export of technology and technical data to foreign countries, which includes the disclosure or transfer to a foreign national. Such disclosures or transfers may be subject to export licensing requirements and other restrictions.
Employers filing an H-1B, H-1B1, L-1 or O-1A petition must certify the following:
With respect to the technology or technical data the petitioner will release or otherwise provide
access to the beneficiary, the petitioner certifies that it has reviewed the Export Administration
Regulations (EAR) and the International Traffic in Arms Regulations (ITAR) and has determined that:
1) A license is not required from either the U.S. Department of Commerce or the U.S.
Department of State to release such technology or technical data to the foreign person;
2) A license is required from the U.S. Department of Commerce and/or the U.S. Department of State to release such technology or technical data to the beneficiary and the petitioner will prevent access to the controlled technology or technical data to the beneficiary until and unless the petitioner has received the required license or other authorization to release it to the beneficiary.
The instructions to the new Form I-129 addressing this new requirement can be found at: http://www.uscis.gov/files/form/i-129instr.pdf.