Deemed Export Certification (I-129)
Generally, any item (commodities, software or technology, technical information, blueprints, design plans, circuit boards, etc.) subject to the Export Administration Regulations (EAR) that is shipped or transmitted from the United States to a foreign destination is an export. In addition, technology, know-how, and non-encryption source code that is released to a foreign national within the US is “deemed” to be an export to the country where the person is a resident or citizen and could be subject to licensing requirements. This is what is commonly known as the “deemed export” rule.
Effective 2011, the US Citizenship and Immigration Services office updated Form I-129 used by employers to petition for H-1B visas by requiring that employers provide a deemed export license determination for the visa beneficiary. For more information about deemed exports review the FAQs on the Bureau of Industry and Security website.
Before an individual can be sponsored for H-1B status, the principal investigator who will supervise the visa beneficiary, or an individual who is otherwise knowledgeable about the beneficiary's intended work, should complete and return an I-129 Deemed Export questionnaire. The form can be accessed below.
Once the I-129 Deemed Export Questionnaire review is completed, it will automatically be sent to the UC Riverside Export Controls office by clicking the Submit button. The Export Controls office will review the information provided and determine whether a deemed license is required to employ the beneficiary at UCR. Once a determination is made, the Export Control office will issue a certifying letter to the sponsoring units. Sponsoring units should include a copy of this letter along with the other H-1B request documents when contacting ISS through ISSonline to initiate document processing.
In performing the work, will the Visitor be provided access to: *
Technical information that has been deemed “export controlled”
Sponsor or third-party proprietary or confidential information, materials, or software
Encryption source code
Equipment specifically designed or developed for military or space applications.
You as the supervisor or PI attest you are familiar with the job duties and other particulars of the employment of the H-1B beneficiary listed above and hereby affirm that the contents of the foregoing certification are true, to the best of your knowledge, information, and belief. You further understand that failure to accurately complete this questionnaire can result in U.S. government export control violations for which civil and criminal penalties can be assessed against any individual (including PI) found to have caused or facilitated a violation, and/or against the University of California, Riverside.
** If a license IS REQUIRED, the petitioner will prevent access to the controlled technology/technical data by the beneficiary until and unless the petitioner has received the required license or other authorization to release it to the beneficiary. **
When this form is submitted, it will be automatically delivered to UCR’s Export Control Office at firstname.lastname@example.org for review and approval. Please allow for up to 5 business days for a response.