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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 certification process is completed by the hiring department. The H-1B applicant/foreign worker is not required to complete any part of this process.