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