US: USCIS Suspends Export Control Certification for Now
Employers will not be required to certify their compliance with federal export control regulations on the Form I-129 nonimmigrant visa petition until February 20, 2011.
U.S. Citizenship and Immigration Services (USCIS) has postponed until February 20, 2011 a requirement that H-1B, L-1 and O-1A petitioners certify their compliance with federal regulations on export control. The deferral was announced today, just one day before the revised edition of the Form I-129 nonimmigrant petition, containing a new export control certification, becomes mandatory for petitioning employers.
Until February 20, employers who file Form I-129 can elect not to complete the export control certification in Part 6 of the revised form. Today’s announcement does not affect any other portions of the new form, however. Employers must be sure to complete all other questions and certifications on the nonimmigrant worker petition. Failure to complete any required section of the form can lead to rejection of a filing.