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Why is Export Control Certification Required?

In December 2010, USCIS introduced a new data collection requirement in Part 6 of its Form I-129, Petition for a nonimmigrant worker, for certain categories of H, L, and O visas. Petitioners are required to make a certification regarding the release of controlled technology or technical data subject to the Export Administration Regulations (EAR) or the International Traffic in Arms Regulations (ITAR) to foreign persons in the United States.

The U.S. Citizenship and Immigration Services (USCIS) requires sponsoring employers to attest under penalty of perjury that technology or technical data that will be released to a Hopkins foreign-national employee during the period of his/her employment will/will not require a license from the U.S. Department of Commerce or the U.S. Department of State. The hiring department is required to complete the I-129 Export Certification in partnership with the Export Control Officer for the Johns Hopkins Enterprise.

The Export Control Process is initiated by the hiring/sponsoring Department using the Export Review E-form in iHopkins. The sponsoring faculty member is best qualified to attest to whether or not technology and/or technical data *will* be shared with the prospective O-1 employee. Before answering any questions, one will need to understand how the terms "technology" and "technical data" are defined by certain U.S. "export control" regulations. Those definitions can be read here. As the E-form in iHopkins does not allow for more than one preparer, the OIS created the two supplemental forms. If no technology or technical data will be released to the foreign national, the "ECO Certification Form" should be uploaded in iHopkins as part of the ECO E-form. If technology or technical data *may* be released to the foreign nation, the "ECO Questionnaire Form" should be uploaded as part of the ECO E-form.

 

If no technology or technical data will be released to the foreign national

ECO Certification Form

If technology or technical data *may* be released to the foreign national

ECO Questionnaire Form