Applying for a Nonimmigrant Worker Visa? What’s an Export License Got To Do With It?

February 10, 2011

1 to 2:30 p.m. ET

Beginning February 20, 2011, when you apply for an H-1B, L-1 or O-1 visa and complete an I-129 Nonimmigrant Worker Visa Petition, you will need to certify – under penalty of perjury – that you have: (1) reviewed the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR) with respect to any technology/technical data you plan to release to the nonimmigrant worker; and (2) determined whether such release requires an export license. In those instances when you determine an export license is required, you will also need to certify – under penalty of perjury – that you will prevent the nonimmigrant worker from having access to the licensable technology/technical data until and unless you recieve the requisite export license.

Obtaining an export license is a separate process from obtaining authorization to work in the United States. While the I-129 certifications regarding EAR and ITAR exports may be new, the export license requirements under EAR and ITAR are not. Employers that make unlicensed releases of controlled technology/technical data to approved visa holders expose themselves to EAR and ITAR violations, which are subject to monetary and other penalties.

To make the certifications required on the I-129 petition and avoid EAR and ITAR export violations, you need to understand:

  • What is technology/technical data?
  • How does the release of technology/technical data occur?
  • When is technology/technical data controlled by EAR versus ITAR?
  • How do you assess license requirements under EAR and ITAR?
  • Is an export license a "sure thing?"

Join us for this important and timely webinar to learn the answers to these questions.


Margaret M. Gatti
Fox Rothschild LLP

Louis K. Rothberg
Fox Rothschild LLP

Robert S. Whitehill
Fox Rothschild LLP

To register