Home  William's Answers for Immigration and Visa Questions  |  Google+  Facebook  Twitter
Fill the Part 6 of  the Form I-129 for H-1B, L-1, O-1 Visa Application

Hi William:

For the new I-129 form to apply for non-immigrant visa for H-1B, L-1, O-1 visas, how to understand the requirement and fill the Part 6 of the Form I-129, "Certification Regarding the Release of Controlled Technology or Technical Data to Foreign Persons in the United States"? Thank you very much for this question.


USCIS published a revised Form I-129, Petition for a Nonimmigrant Worker, which became effective on Dec. 23, 2010. Due to a number of inquiries regarding Part 6 of the Form I-129, "Certification Regarding the Release of Controlled Technology or Technical Data to Foreign Persons in the United States". Effective February 20, 2011, U.S. employers will be required to use a new version of the Form I-129, “Petition for a Nonimmigrant Worker,” which is the form that employers complete when hiring employees under H-1B, L-1, O-1 visas, among others, or when seeking extensions for employees who already have those visas. 

The new I-129 form contains a certification relating to the release of export controlled information to foreign employees. The new I-129 may present a challenge to employers and alien applicants, since they may be unfamiliar with export control requirements. The certification requires the employer to identify whether or not an export license is required to release export controlled information to the foreign employee and, if so, to certify that access to such information will not be provided until the requisite license is obtained. As a practical matter, a certification requires that employers: 

1) understand the export controls that apply to their equipment and technology; 

2) determine a foreign national employee’s level of access to export controlled information; and 

3) implement a sufficiently robust compliance program to prevent export violations due to unauthorized disclosures of export controlled

Questions & Answers for Green Card Application
EB1 Extraordinary Ability (EB-1A)
EB1 Outstanding Professor / Researcher (EB-1B)
EB1 Multinational Executive or Manager (EB-1C)
EB2 National Interest Waiver (NIW)
Form I-485 Adjustment of Status
PERM Labor Certification
Form I-140 Application after Labor Certification
Request For Evidence (RFE) for EB1, NIW, L1 Visa
Questions & Answers for Working Visa Application
J-1 Waiver of 2-Year Home Residence
H-1B Visa Application or Extension
O-1 Visa Application or Extension
L-1 Visa Application or Extension
P-1, P-2, P-3 Visa Application or Extension
William's Answers for Immigration Questions
Home Page

For All Your Immigration and Green Card Application Needs
EB-1A sample of reference letter graphic © Green Card Application Service, www.greencardapply.com