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

February 10, 2011
Webinar

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.

Presenters:

Margaret M. Gatti
Fox Rothschild LLP

Louis K. Rothberg
Fox Rothschild LLP

Robert S. Whitehill
Fox Rothschild LLP

To register