Working in the United States
Frequently Asked Questions about Part 6 of Form I-129, Petition for a Nonimmigrant Worker
On Nov. 23, 2010, U.S. Citizenship and Immigration Services (USCIS) revised Form I-129, Petition for a Nonimmigrant Worker. The revised Form I-129 and subsequent editions contain Part 6, Certification Regarding the Release of Controlled Technology or Technical Data to Foreign Persons in the United States. Part 6 must be completed for certain Form I-129 petitions postmarked on or after Feb. 20, 2011.
Questions & Answers about Part 6 of Form I-129
Q1. What is Part 6 of Form I-129?
Q2. What is the purpose of Part 6?
In addition, an April 2004 report (OIG-04-23) issued by the Inspectors General of several departments -- including DOS, DOC and Homeland Security found that USCIS did not include the protection of controlled technology as part of its process of adjudicating change-of-status applications submitted by foreign nationals in the United States.
Part 6 of Form I-129 was a solution for addressing the issues raised in these two reports.
Q3. What are the export control requirements?
Q4. Are these export control regulations new?
Q5. Is Part 6 required for all Form I-129 petitions?
Q6. Will a petition be rejected if Part 6 is required but has not been completed after Feb. 20, 2011?
Q7. What will happen to a petition if Part 6 is required but the petitioner declines to respond to the RFE?
Q8. Will USCIS require a copy of the export control license if one is necessary?
Q9. Will a petition be denied if an export control license is required but has not been obtained prior to filing the petition?
Q10. Where can I obtain additional information about the export control regulations?
DOS’s Directorate of Defense Trade Controls (DDTC) administers the U.S. Munitions List (USML) and is responsible for issuing licenses under the ITAR. Information about the ITAR and how to apply for a license from DDTC can be found at www.pmddtc.state.gov. Specific information about the ITAR’s requirements pertaining to the release of controlled technical data can be found at www.pmddtc.state.gov/faqs/license_foreignpersons.html.
Last Reviewed/Updated: 04/28/2011