U.S. Citizenship and Immigration Services will be requiring employers to complete the part of form I-129 used to certify the company is in compliance with export control regulations. The export control certification requirement was supposed to take effect last December, but was postponed. It will now take effect on February 20, 2011.
The "deemed export" rule governs the release of technology or technical data to foreign nationals in the United States. Where a technology is controlled, a determination based on the foreign national's home country and the nature of the technology, the employer must obtain a U.S. government export license before the foreign worker can be given access to that technology.