United States Citizenship and Immigration Services (USCIS) announced that employers submitting petitions for visas will not be required, until February 20, 2011, to complete Part 6 of Form I-129 (Petition for a Nonimmigrant Worker). The updated Form I-129 replaced the previous version on December 23, 2010. According to Fox News, the delay in requiring employers to complete Part 6 was caused by confusion over recently implemented USCIS regulations that impose increased obligations under two older laws: The Export Administration Regulations (EAR) (15 C.F.R. Parts 770-774) and the International Traffic in Arms Regulations (ITAR) (22 C.F.R. Parts 120-130).

Prior to the November 2010 release of the updated Form I-129, which requires certification of compliance with EAR and ITAR, many employers may not have been familiar with these regulations. Part 6 of the revised Form I-129, titled “Certification Regarding the Release of Controlled Technology or Technical Data to Foreign Persons in the United States,” requires petitioners to certify that they reviewed EAR and ITAR and that the “technology or technical data the petitioner will release or otherwise provide access to the beneficiary [visa holder]” either does not require a license from the U.S. Departments of Commerce or State, or that access will be denied until the required license or other authorization to release is granted.

Technology and technical data that are controlled for release to foreign persons are contained on the EAR’s Commerce Control List (15 C.F.R. Part 774), which is overseen by the Commerce Department’s Bureau of Industry and Security. The ITAR’s U.S. Munitions List (22 C.F.R. Part 121) is overseen by the State Department’s Directorate of Defense Trade Controls.