Late last year, the USCIS introduced a new I-129 form for employers who seek to hire noncitizen workers. Among the changes in the form was a required certification that employers were required to make concerning compliance with the U.S. export control laws. Soon after announcing the new export control certification, the immigration agency yielded to the requests of many business owners who required more time to ensure that they complied with the export control laws. The immigration agency delayed requiring companies to sign the export control certification until February 20, 2011.
Now, it is required that all I-129 form petitioners certify that the employment of the noncitizen will not violate export control law.
The I-129 form is required to be completed when an employer seeks to hire a worker requiring a H-1B, L-1 or O-1 visa. It is possible for an employer to violate the export control law by providing a noncitizen with access to knowledge that is sensitive to the United States’ interests. If you are seeking to employ a noncitizen worker and need to complete an I-129 form, please contact an immigration attorney to ensure your company’s compliance with export control laws.