As of February 20, 2011, the U.S. Citizenship and Immigration Services (USCIS) will require that all employers filing Form I-129 petitions seeking employment of H-1B, H-1B1, L-1 and O-1A workers certify that they have reviewed Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR) to ascertain whether or not an export control license is required for the employment. The certification is contained in a revised Form I-129.  Export controls are generally thought of in relation to the transfer of physical technology.  However, export controls also encompass the oral and visual disclosure or transfer (by "any means") of technical data to a foreign person.  Controlled technology exists in a wide variety of fields including, but not limited to, biotechnology, materials, imaging, avionics, chemistry, physics, computer security, robotics and urban planning.  Foreign persons born or from specific countries are more likely to require an export license for controlled technology - e.g., Iran, Syria, Cuba, Sudan, China, Israel, Russia and the former Soviet republics.  Although the I-129 certification will initially only be required for the above-referenced worker classifications, export controls may apply whenever a foreign person is directly or inadvertently given access to controlled technology.  Inadvertent disclosure can occur during telephone, email or fax communications; through visual access to photographs, technical specifications or diagrams; or from computer server access, training sessions, or tours of facilities.  Best practices for export compliance may necessitate an organizational-wide technology control policy identifying the criteria for workers' and visitors' access to facilities and systems, and their participation in business meetings and phone conferences.  To determine the applicability of an export license in the I-129 context requires knowledge of the work duties and environment, including the technology and technical data encountered therein, and the technologies and technical data that are controlled for release to foreign persons.  Exemptions may apply for technologies and technical data that is in the public domain, publicly available, already or to be published, fundamental research or educational.   General information on export control and licensing can be found on the Department of Commerce (www.bis.doc.gov) and Department of State (www.pmddtc.state.gov) websites.    If your organization has not previously addressed this issue or needs assistance in determining whether or not an export license is required for an individual, please contact us at:  This e-mail address is being protected from spambots. You need JavaScript enabled to view it