On December 22, U.S. Citizenship and Immigration Services (USCIS) announced that it would delay implementation of part 6 of the updated Form I-129, Petition for Nonimmigrant Worker. Petitioners will not be required to complete part 6, "Certification Regarding the Release of Controlled Technology or Technical Data to Foreign Persons in the United States," until February 20, 2011. Part 6 requires petitioners to make a certification as to whether the foreign worker will have access in the workplace to technology and technical data for which an export license is required and, if applicable, to confirm that the petitioner will prevent such access until an export license or other authorization is obtained.
Please note that although petitioners will not be required to complete part 6 until February 20, 2011, USCIS has confirmed that petitions postmarked on or after December 23, 2010 must still use the updated form with the November 23, 2010 revision date or they will be rejected.
For additional information regarding the New Export Control Compliance Section of Form I-129, please see our prior Immigration Alert Understanding the New Export Control Compliance Section of Form I-129: Release of Controlled Technology or Technical Data to Foreign Persons in the United States.
For more information, or if you have any questions regarding the issues discussed in this Immigration Alert, please contact any of the following attorneys:
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