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Export Controls Update

December 27, 2010

Export Controls - Employer Sponsoring H-1B, O-1 and L-1 Employees Get a Two Month Reprieve from Certifying Compliance with Export Control Controls

On December 22, 2010, just in time for a last minute holiday present and one day before the effective date of export control certification requirement under the new I-129 form, the USCIS announced that petitioners will not be required to complete Part 6 of Form I-129 containing the export controls/ITAR questions until February 20, 2011. USCIS received a number of inquiries from stakeholders, including the American Immigration Lawyers Association, to allow employers time to set up compliance programs. For those employers who have already set up systems to satisfy the export control attestation requirements, know that you are ahead of the game.

See our export control news alert dated November 24, 2010 alerting employers that while the export control rules haven't changed, the government is now requiring an upfront certification by employers regarding compliance when they want to obtain an H-1B, O-1 or L-1 visa for a foreign national employee.

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