A very real concern emerged in 2011 for employers wishing to sponsor non-immigrant workers in visa categories H-1B, H-1B1, L-1, and O-1. The new version of the visa petition form I-129 requires the company official signing the form to certify, under penalty of perjury, that there is “no risk of an export control violation.”
Understandably, no one wants to sign the I-129 Visa Petition until they understand the question and know the answer.
The concern involves the risk of technology transfer, what is known in export compliance terminology as a “deemed export.” The employer has to certify either:
- An export license is not required to release company technology or technical data to the foreign person, OR
- A license is required and the petitioner will prevent access to the controlled technology or technical until the petitioner has received the required license.
We have assembled a simple FAQ sheet to explain the export control issues involved, including classification, technology transfer, deemed exports, definitions of Foreign Persons, and Individual Validated Licenses (IVL).