I-129 & Export Compliance Internal Processes At Vanderbilt to Meet the New Export Control Requirements for H-1B & O-1A Petitions

What Now? New Rule From USCIS USCIS now requires completion of an Export Control (EC) Licensing Attestation on all H-1B and O-1 petitions.  Rule took effect on February 20, 2011. Vanderbilt must state whether or not an H-1B or O-1 employee is required to obtain an export license.  Departments must undertake an export license analysis with VEC.  Any H-1B or O-1 Packets submitted to VISIT must include a completed EC Attestation form before the immigration petition can be filed with USCIS.

VISIT & VEC Responsibilities VISIT’s role Ensuring the Immigration Packet is fully complete in keeping with all federal compliance requirements are met Providing an Export Control Certification form and coordinating internal process with VEC VISIT cannot answer specific export compliance questions; VEC is the subject-matter specialist for export compliance issues VEC’s role: Maintaining a record of all export compliance matters at Vanderbilt Providing direction, training, materials and guidance with regards to export control matters Reviewing the Visa Deemed Export Questionnaire to ensure accuracy of responses and obtaining the export license

VISIT’s Export Control Certification Form This form can be found in both the H-1B and O-1 Immigration Packets.

VEC’s Deemed Export Questionnaire

Completing the VISIT Export Control Certification Form VISIT EC Certification form is included in the H-1B and O-1 Immigration Packets READ the entire EC Certification form COMPLETE the VEC Deemed Export Questionnaire CHECK “yes” or “no” on the EC Certification form, per the instruction on VEC’s form TURN-IN the completed H-1B or O-1 Packet to VISIT

After the Deemed Export Questionnaire is Completed If all answers are “NO,” the department should submit the questionnaire to VEC; complete the EC Certification form in the Immigration Packet; and submit the EC Certification form to VISIT. If any answer is YES,” the department should submit the questionnaire to VEC. Once VEC has reviewed the EC Questionnaire they will inform the department of how to respond to the EC Certification form question. VEC will also inform VISIT of the required response. Once VISIT has the EC Certification form from the department and confirmation from VEC, the completed H-1B or O-1 petition will be sent to USCIS.

Reminders If VISIT receives an immigration packet with an incomplete EC Certification page we will begin work on the packet but will not file any documents with USCIS until the EC Certification form is received. VISIT will notify department administrator of the EC Certification deficiency. VEC will work with the department to obtain the export control license while the H-1B or O-1 filing is being processed by USCIS. The employee can begin work at Vanderbilt but cannot work with the materials, equipment or area where the export control license is required.