H-1B Alert: Export Control Attestation Announcement
Certification Regarding the Release of Controlled Technology or Technical Data to Foreign Persons in the United States
On November 23, 2010, USCIS announced a change to the H-1B and O-1 filing process. The immigration form used to request H-1B and/or O-1 visa status has been revised and now includes an export control attestation. This new form must be used for all H-1B and O-1 petitions that arrive at USCIS after February 20, 2011.
The form states requests the following information:
Note that the export license does not have to be applied for or received before filing the H-1B or O-1 petition. However, the employer certifies that the international employee will not have use or access to any controlled technology or technical data until the export license is received
Please print these documents and complete them in the given order:
In the packet of documents, you will find a detailed explanation of this requirement with instructions on completing the attestations, a decision tree for use in determining whether or not an export license will be required, an attestation for signature if determined that no license is required, and a questionnaire if it is determined that an export license may be required. The questionnaire should be returned to ORC per the instructions on the form. The attestation, if determined no license required, should be returned to ISSS with the H-1B application packet.
If you have already sent a packet to ISSS that has not been filed, you must complete this packet before ISSS can file the petition. If you are unsure if your H-1B application has been filed, please contact your ISSS advisor.
Question regarding the content of the forms or deemed export controls should be directed to ORC. If you have procedure questions, you may contact your ISSS advisor.