Export Controls and Sponsoring Foreign Workers: What Employers Need to Know Before Completing the New Form I-129, H-1B, H-1B1, L-1, or O-1A Petitions

Epstein Becker Green
250 Park Avenue, 14th Floor
New York, NY 10177

Presented by:
Robert S. Groban, Esq.
Epstein Becker Green
Frederick Warren Strasser, Esq.
Epstein Becker Green
Edward Ackermann, Esq.
Grunfeld, Desiderio, Lebowitz, Silverman & Klestad, LLP

On February 20, 2011, as part of the Form I-129, Petition for a Nonimmigrant Worker, the signatories of Form I-129 will be responsible for attesting to their company's compliance with US Export Control laws. US Export Control laws are designed to control the import and export of products and technology used in the defense industry as well as products and technology in general industries that may have a "dual use" application. The Export Control laws are seen as intrinsic to the national security of the united States one of the government's key tools in preventing critical technology from passing into the hands of those who may misuse that technology against our national interest.

This program is designed to provide senior HR professionals and corporate general counsels with a basic framework of what the export control laws are and what considerations employers should take into account prior to making attestations on Form I-129, filed on behalf of H-1B, H-1B1, L-1 and O-1A Workers.

Topics to be covered, include:

  • International Trafficking in Arms Regulations (ITAR), ITAR is a set of United States government regulations that control the export and import of defense-related articles and services on the United States Munitions List (USML). These regulations implement the provisions of the Arms Export Control Act (AECA), and are described in Title 22 (Foreign Relations), Chapter I (Department of State), Subchapter M of the Code of Federal Regulations. The Department of State interprets and enforces ITAR. Its goal is to safeguard U.S. national security and further U.S. foreign policy objectives .
  • Bureau of Information Security (BIS), Commerce Control List The Department of Commerce's BIS is responsible for implementing and enforcing the Export Administration Regulations (EAR), which regulate the export and reexport of most commercial items. The items that BIS regulates are often referred to as "dual-use" — items that have both commercial and military or proliferation applications — but purely commercial items without an obvious military use are also subject to the EAR.
  • The "Deemed Export" Rule - The "deemed export" rule covers situations where information and/or technology covered by the BIS is released to a foreign national within the United States. Although the information and/or technology never leaves the geographic boundaries of the United States it is "deemed" to have been exported because of the individual involved.

    We hope you will join us for this topical and informative briefing.

Registration fee is $40.

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