USCIS Temporarily Rescinds Export Control Attestations for H-1B, L-1 and O-1 Petitions

On November 23, 2010, United States Citizenship and Immigration Services (USCIS) issued a new version of its Form I-129 Nonimmigrant Petition -- the form used to sponsor foreign nationals for most nonimmigrant visas. The new form must be used for all petitions filed on or after December 23, 2010. In a significant change, the new I-129 form required employers who are filing for H, L or O visas to attest as to whether the employment of the foreign national employee requires an export license. Seyfarth Shaw published a Management Alert that discussed this change. Click here to read.

On December 22, 2010, the U.S. Commerce Department confirmed that USCIS will not require petitioners to complete the export control questions on Part 6 of the new I-129 form for a period of 60 days. Employers are still required to use the new I-129 form, but at this time should leave the export control questions blank.

Because this export control attestation is scheduled to take effect in 60 days, employers should begin planning at this time to make sure they have the resources to make this assessment. Employers who file H, L and O visa requests will need to identify resources (either internal or external) to assist in making the deemed export attestation that will soon be required. Seyfarth Shaw’s Government Contracts Practice provides sophisticated advice and counseling on export control issues and stands ready to work in conjunction with our Business Immigration Group in order to assist employers in addressing these issues. We are available immediately with strategic evaluation, advice, and development of policies to ensure compliance in this area.

For more information, please contact the Seyfarth immigration attorney with whom you work, or any Business Immigration attorney on our website.