A real Christmas present which was never opened as most filings for an H Visa are done after April 1 of the following year. Since December 23, 2010, USCIS required all employers filing the Form I-129 petition for H, L, and O visa status on behalf of foreign nationals to certify that they have:

(1) reviewed the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR), and

(2) have made a determination as to whether or not an export control license is required to release any controlled technology or technical data to the foreign national. If an export license is required to be obtained before such release, the employer must attest that the worker will not be exposed to covered technologies without first obtaining an export license covering the foreign worker.

The EAR and ITAR do not apply only to physical exports out of the country. They also apply to “deemed exports,” which include any release or transfer of technology or source code to certain foreign nationals within the United States. Thus, to declare that it is in compliance with the regulations, the employer is required to first know what technology the foreign national employee will be able to access once he/she assumes the job in the United States.

While employers have always been expected to be in compliance with the regulations governing the U.S. export controls, the “new” process now requires employers to affirmatively declare their compliance under penalty of perjury with each visa petition it files. Failure to follow the relevant regulations will subject an employer to severe civil and criminal penalties.

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(c) Picture: Arvind Balaraman – http://www.freedigitalphotos.net/images/Other_Travel_g166-Visa_p15578.html