I-129 Export Control Attestation
Research Integrity and Compliance (RIC) contributes to the research and teaching mission of the university by assisting the International Office with the process of obtaining legal employment authorization for distinguished international faculty and staff.
Hiring international employees is governed by U.S. immigration law and Texas State policy. The International Office works in collaboration with Texas International Education Consortium (TIEC) and a board certified immigration law firm for H-1B employment authorization.
U.S. Citizenship and Immigration Services (USCIS) require employers sponsoring foreign nationals to conduct an export control assessment and confirmation through the I-129 Petition for a Non-Immigrant Worker process. Specifically, the I-129 form contains Part 6, Certification Regarding the Release of Controlled Technology or Technical Data to Foreign Persons in the United States.
This required attestation stems from the Deemed Export Rule under the U.S. Department of Commerce’s Export Administration Regulations (EAR) and the U.S. Department of State’s International Traffic in Arms Regulations (ITAR), which provides that the transfer, release, or disclosure of controlled technical data, technology or software to a citizen or national of a foreign country, even if in the United States, is ‘deemed’ to be an export to that country.
RIC’s Role in the H-1B Hiring Process
The International Office will contact RIC when an I-129 Export Certification/Attestation is required to hire a foreign national employee.
The following is a list of information and materials that is required in order for the RIC to conduct a responsible and thorough review:
- Name of Employee
- Job Title & Description of Job Duties
- Hiring Department
- Employee’s CV/Resume
- Copy of Valid Passport or Visa
- Completed H-1B Questionnaire
- I-129 Form
RIC will review the position and job duties and determine if the position requires information or technology that is export controlled and restricted to the employee’s country of citizenship. Next, RIC will ensure that the appropriate exemption/exemption is applicable to the work and/or research that is going to be performed by the employee. Next, RIC will conduct a “Restricted Party Screening” to ensure that the employee does not appear on the various “Denied Party Lists” provided by the U.S. Government. After the employee has been screened, RIC will provide a letter to the hiring supervisor and International Office that summarizes the results of the screening and justifies the rationale for the attestation and documentation that a license is or is not required to hire the employee for the listed position.