Form I-129 Visa Petition

USCIS Form I-129 Export Compliance Certification

When UMB petitions for certain nonimmigrant work visas, the University is required to certify compliance with U.S. export control laws.

Who This Applies To

UMB must complete an export compliance certification when filing USCIS Form I-129, Petition for a Nonimmigrant Worker, for the following visa classifications:

• H-1B
• H-1B1
• L-1
• O-1A

This certification may apply to faculty, postdoctoral candidates, technicians, and other staff. It is not required for petitions involving student (F-1) or visiting scholar (J-1) visa classifications.

What the Certification Covers

USCIS Form I-129 (Rev. 11/23/10) includes an export compliance certification in Part 6 of the form.

Under U.S. export control regulations, providing a foreign national with access to certain controlled technology or technical data is considered an export—even if the individual is located in the United States and nothing is physically shipped. This type of export is known as a deemed export.

In some cases, UMB may be required to obtain a U.S. government export license before a foreign national employee may access or work with controlled technology or technical data.

What UMB Must Certify

UMB is required to certify one of the following on Form I-129:

1. No license is required from the U.S. Department of Commerce or the U.S. Department of State to release the technology or technical data to the foreign national; or
2. A license is required from the U.S. Department of Commerce and/or the U.S. Department of State, and UMB will prevent the employee from accessing the controlled technology or technical data until the required license or other authorization has been obtained.

How the Certification Is Completed

Export Licenses and Timing

If an export license is required from the U.S. Department of Commerce or the U.S. Department of State, ORD Export Compliance Officers can prepare and submit the license application on behalf of the University.

Please note:

• Government approval of export licenses typically takes 45 to 90 days after submission
• License processing timelines should be considered when planning hiring and start dates

Failure to obtain the required export license or to correctly complete the export compliance certification on the visa petition may result in serious civil and criminal penalties for both the University and the individual.