H-1B New Regulations


H-1B Temporary Worker

New Regulations

Revised Form I-129

Please be advised that new regulations were announced Thursday, November 11, 2010 that will become effective November 23, 2010 and mandatory as of December 22, 2010 for H-1B, H-1B1, L-1, or O-1A workers.

USCIS have included two specific questions (see below) on the I-129 Petition for a Non-Immigrant Worker relating to compliance with federal export control regulations. The applicable regulations involve “deemed exports” that occur when a federally controlled technology, technical data, software or other item is shared with an unauthorized foreign national. It is often possible to obtain a license from the Departments of State or Commerce to allow the work to proceed, but the licensing process takes time and may involve a fee. Compliance with the new USCIS rule requires that the requesting department will have to answer the questions below, and provide a signature, prior to OISS submitting the petition to USCIS.

____ 1. A license is not required from either U.S. Department of Commerce or the U.S. Department of State to release such technology or technical data to the foreign person; or

____ 2. A license is required from the U.S. Department of Commerce and/or the U.S. Department of State to release such technology or technical data to the beneficiary and the petitioner will prevent access to the controlled technology or technical data by the beneficiary until and unless the petitioner has received the required license or other authorization to release it to the beneficiary.

Because of the processing times with Prevailing Wages and Labor Condition Applications, all new H-1B Requests for new, extensions and transfers, will need to be submitted on the new H-1B Request forms.

We have updated our website with links to the Export Control Compliance Office within the Office of the Vice President for Research should you have any questions. Please note that USCIS will include deemed export compliance in their existing WSU H-1B random site visits. For specific Deemed Export Compliance questions, you can visit their website at http://research.wayne.edu/export-control/ or contact the office at exportcontrol@wayne.edu or (313) 577-9064. For H-1B processing questions, please feel free to contact the OISS scholar services team at OISScholars@wayne.edu or (313) 577-3422