Learning About Export Controls In the Immigration Context

December 13, 2012 § Leave a comment

USCIS now requires employers filing Form I-129 for H, L, and O visa status on behalf of foreign nationals to certify that they have (1) reviewed the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR), and (2) have made a determination as to whether or not an export control license is required to release any controlled technology or technical data to the foreign national. If an export license is required to be obtained before such release, the employer must attest that the worker will not be exposed to covered technologies without first obtaining an export license covering the foreign worker. Employers must make sure that they do not make a misrepresentation on Form I-129, which in itself would be a violation of federal law. Employers must read all of the forms and know that they are signing under penalty of perjury.

The laws on export control are complex and difficult to navigate. Employers are advised to consult with an immigration attorney before proceeding. In fact, immigration practitioners may require in-depth training as well on this subject in order to properly assist their clients.  If so, there is good news as in September this year the New York Chapter of the American Immigration Lawyers Association (AILA) put together a panel that presented on the topic: What Update NY Immigration Lawyers Should Know About Export Controls: Understanding the EAR & ITAR Export Controls Requirements When Competing the Petition for Nonimmigrant Worker

Immigration attorneys who missed this invaluable training may register free with Lawline, see the video, and after viewing, receive an 1-hour CLE credit. The Handouts and PowerPoint slides are integrated into Lawline’ s web software.

Here are the instructions to register for this training:

1.  Go to http://bit.ly/Rd6aI6 to register.

2.  The video is also an unlisted YouTube video at http://www.youtube.com/watch?v=Tf6h0HBxUBQ

3. Attorneys may find the Handouts and Power Points duplicated on the AILA NY Chapter website:  http://www.aila.org/content/default.aspx?docid=41666

The program will focus on crucial business immigration issues, including:

.     How to help petitioners complete Part 6 of the I-129 form

.     Practicalities:  Deal Killers, Practice Opportunities, Due Diligence and Professional Responsibility

.     “It’s more than the I-129.”  The I-129 did not create the licensing requirement. . .”

Those interested are all encouraged to attend.

(A BIG thank you to Joseph Grasmick (http://www.grasmick.com/) for providing the above training information).



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