As discussed during the HLG Phone Conference today, the new H-1b form will become effective on December 23, 2010. For a copy of the new I-129 form, visit http://www.uscis.gov/.
The Deemed Export Attestation in Part 6 of the new form will affect only a small percentage of petitioners because the most types of technology are not controlled for export or release to foreign nationals. However, petitioners will be required to attest that they have reviewed the Commerce Control List of the Export Administration Regulations and the U.S. Munitions List of the International Traffic in Arms Regulations and determined that either:
1. A license is not required; or
2. A license is required but the foreign national will be denied access to the technology or a license will be obtained before the foreign national gains access to the technology.
The Commerce Control List is available at www.access.gpo.gov/bis/ear/ear_data.html#ccl.
The U.S. Munitions List is available at www.pmddtc.state.gov/regulations_laws/itar.html.