Beth Moskow-Schnoll
Tejal K. Mehta


As of February 20, 2011, all employers filing H-1B, L-1, and O-1 petitions on Form I-129 will be required to make attestations as to whether a license is required from the U.S. Department of Commerce or U.S. Department of State to release or allow the use of controlled technology or technical data to the beneficiary under the Export Administration Regulations (EAR) or the International Traffic in Arms Regulations (ITAR).

Such employers will now need to certify either that (1) a license is NOT required to release such technology or data to the foreign person, or (2) a license IS required to release such technology or data to the beneficiary, and that the employer will PREVENT access to the technology/data until a license is received.

In their joint presentation, Ms. Moskow-Schnoll and Ms. Mehta will address these timely issues:

  • what constitutes "controlled technology or technical data"
  • when a license is required under EAR or ITAR 
  • compliance issues 
  • the licensing process

Related Practices

White Collar Defense/Internal Investigations  
Labor and Employment