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Export Control Attestations in H-1B and O-1 Filings

On November 23, 2010, USCIS announced a change to the H-1B and O-1 filing process. The immigration form used to request H-1B and/or O-1 visa status has been revised and now includes an export control attestation. This new form must be used for all H-1B and O-1 petitions that arrive at USCIS after December 23, 2010.

The H-1B/O-1 export control attestation requires the US employer to certify that they have reviewed the export control regulations and made a reasonable determination about whether an export license is needed for the international employee. The immigration form asks that we choose between one of two responses:

  • No. I believe a deemed export license is not required from either the US Department of Commerce or the US Department of State to release such technology or technical data to the international employee; or
  • Yes. I believe a deemed export license may be required. I certify that an export license may be required to release project technology or technical data to the beneficiary and I will prevent access to the controlled technology or technical data by the beneficiary until and unless I have received the required license or other authorization to release it to the beneficiary.

Note that the export license does not have to be applied for or received before filing the H-1B or O-1 petition. However, the employer certifies that the international employee will not have use or access to any controlled technology or technical data until the export license is received. If an export license is required it will not delay OIS’s filing process once a fully complete immigration packet is received. However, it will mean that the department must work with VEC to obtain an export license for the international employee.

Working with Vanderbilt Export Compliance Office (VEC) we created an Export Control Questionnaire & Certification form that is now included with the H-1B Immigration Packet and O-1 Immigration Packet. The form can also be found separately under the Forms menu on the OIS website. Please ensure that you immediately use the updated immigration packets.

If OIS receives immigration packets without the Export Control Questionnaire and Certification we will forward the form and a request for completion to the department contact. If time permits, we will begin working on the H-1B or O-1 documentation but we will not be able to send the filing to USCIS until a completed Export Control Questionnaire and Certification is received.

If you have any questions about this new form and how it will affect Vanderbilt's internal H-1B and O-1 filing process, please contact our office at x3-7467 or ois@vanderbilt.edu. Questions about export controls and export compliance should be directed to VEC at vec@vanderbilt.edu.

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