The Export Administration Regulations and International Traffic in Arms Regulations prohibit the release of certain controlled technology and software to foreign nations. Employers must treat H-1B access to controlled technology as an export of the technology to foreign national’s home country. H-1B employers have therefore been regulated to have either obtained the appropriate license of the technology to the foreign country from the Department of Commerce or block the H-1B worker from access to the technology. The revised form for the first time requires employers to certify compliance with the deemed export rules. The certification is required for employers petitioning for H-1B, H-1B1 Chile/Singapore, L-1, and O-1A petitions. More Information The Chander Law Firm H-1B Practice
