I-129s Ins - Toc

TABLE OF CHANGES – INSTRUCTIONS

Instructions for Form I-129S Nonimmigrant Petition Based on Blanket L Petition

OMB Number: 1615-0010

07/25/2023

Reason for Revision: LimitedREV

Project Phase: OMBReview

Legend for Proposed Text:

• Black font = Current text

• Red font = Changes

Edition Date 09/03/2021

Expires 09/30/2023

Current Page Number and Section	Current Text	Proposed Text
Pages 2-5, Specific Instructions	[page 2] Specific Instructions … Part 7. Statement, Contact Information, Declaration, and Signature of the Petitioner or Authorized Signatory Item Numbers 1.a. - 8.b. Select the appropriate box to indicate whether you read this petition yourself or whether you had an interpreter assist you. If someone assisted you in completing the petition, select the box indicating that you used a preparer. Further, you (the petitioner) must personally sign and date your petition and provide your daytime telephone number, mobile telephone number (if any), and email address (if any). Every petition MUST contain the signature of the petitioner. An electronic reproduction of an original, handwritten, ink signature, (such as a scan or fax) is acceptable. An electronically generated signature or a stamped or typewritten name in place of an original signature is not acceptable. Please note that if the petitioner is a corporation or other legal entity, the signatory of the petition must be authorized to sign on behalf of such entity, (for example, must be an individual with authority to legally bind the entity.) If the signatory is an outside agent or attorney of the petitioner, he or she may only sign the petition on the petitioner’s behalf if authorized to act on the petitioner’s behalf through a written Power of Attorney. Part 8. Interpreter’s Contact Information, Certification, and Signature Item Numbers 1.a. - 7.b. If you used anyone as an interpreter to read the Instructions and questions on this petition to you in a language in which you are fluent, the interpreter must fill out this section, provide his or her name, the name and address of his or her business or organization (if any), his or her daytime telephone number, his or her mobile telephone number (if any), and his or her email address (if any). The interpreter must sign and date the petition. [page 5] Part 9. Contact Information, Declaration, and Signature of the Person Preparing this Petition, if Other Than the Petitioner Item Numbers 1.a. - 8.b. This section must contain the signature of the person who completed your petition, if other than you, the petitioner. If the same individual acted as your interpreter and your preparer, that person should complete both Part 8. and Part 9. If the person who completed this petition is associated with a business or organization, that person should complete the business or organization name and address information. Anyone who helped you prepare this petition MUST sign and date the petition. A stamped or typewritten name in place of a signature is not acceptable. If the person who helped you prepare your petition is an attorney or accredited representative, he or she may also need to submit a completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, or Form G-28I, Notice of Entry of Appearance as Attorney In Matters Outside the Geographical Confines of the United States, along with your petition. Part 10. Additional Information …	[page 2] Specific Instructions … Part 7. Contact Information, Certification, and Signature of the Petitioner or Authorized Signatory Item Numbers 1. - 6. You must sign and date your petition and, if applicable, provide your daytime telephone number, mobile telephone number, and email address. A stamped or typewritten name in place of a signature is not acceptable. Part 8. Interpreter’s Contact Information, Certification, and Signature Item Numbers 1. - 6. If you used anyone as an interpreter to read the Instructions and questions on this petition to you in a language in which you are fluent, the interpreter must fill out this section and sign and date the petition. [page 5] Part 9. Contact Information, Declaration, and Signature of the Person Preparing this Petition, if Other Than the Petitioner Item Numbers 1. - 6. The person who completed your petition, if other than the petitioner, must sign this section. If the same individual acted as your interpreter and your preparer, then that person should complete both Part 8. and Part 9. A stamped or typewritten name in place of a signature is not acceptable. Part 10. Additional Information …
Pages 7-8, Certification Pertaining to the Release of Controlled Technology or Technical Data to Foreign Persons in the United States	[page 7] Certification Pertaining to the Release of Controlled Technology or Technical Data to Foreign Persons in the United States U.S. Export Controls on the Release of Controlled Technology or Technical Data to Foreign Persons. The Export Administration Regulations (EAR) (15 CFR Parts 770-774) and the International Traffic in Arms Regulations (ITAR) (22 CFR Parts 120-130) require U.S. persons to seek and receive authorization from the U.S. Government before releasing to foreign persons in the United States controlled technology or technical data. Under both the EAR and the ITAR, release of controlled technology or technical data to foreign persons in the United States, even by an employer, is deemed as an export to that person’s country or countries of citizenship or nationality. One implication of this rule is that a U.S. company must seek and receive a license from the U.S. Government before it releases controlled technology or technical data to its nonimmigrant workers employed as L-1 beneficiaries. [page 8] Requirement to Certify Compliance with U.S. Export Control Regulations. The U.S. Government requires each company or other entity to certify that it has reviewed the EAR and ITAR and determine whether it will require a U.S. Government export license to release controlled technology or technical data to the beneficiary. If an export license is required, then the company or other entity must further certify that it will not release or otherwise provide access to controlled technology or technical data to the beneficiary until it has received from the U.S. Government the required authorization to do so. The petitioner must indicate whether or not a license is required on Part 6. Certification Regarding the Release of Controlled Technology or Technical Data to Foreign Persons in the United States. Controlled Technology and Technical Data. The licensing requirements described above will affect only a small percentage of petitioners because most types of technology are not controlled for export or release to foreign persons. The technology and technical data that are, however, controlled for export or release to foreign persons are identified on the EAR’s Commerce Control List (CCL) and the ITAR’s U.S. Munitions List (USML). The CCL is found at 15 CFR 774, Supp. 1 and www.access.gpo.gov/bis/ear/ear_data.html#ccl. The USML is at 22 CFR 121.1 and www.pmddtc.state. gov/regulations_laws/itar.html. The EAR-controlled technology on the CCL generally pertains to that which is for the production, development, or use of what are generally known as “dual-use” items. The ITAR-controlled technical data on the USML generally pertains to that which is directly related to defense articles. The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) administers the CCL and is responsible for issuing licenses for the release to foreign persons of technology controlled under the EAR. The U.S. Department of State’s Directorate of Defense Trade Controls (DDTC) administers the USML and is responsible for issuing licenses for the release to foreign persons of technical data controlled under the ITAR. Information about the EAR and how to apply for a license from BIS are at www.bis.doc.gov. Specific information about EAR’s requirements pertaining to the release of controlled technology to foreign persons is at www.bis.doc.gov/index.php/policy-guidance/deemed-exports. Information about the ITAR and how to apply for a license from DDTC are at www.pmddtc.state.gov. Specific information about the ITAR’s requirements pertaining to the release of controlled technical data is at www.pmddtc.state. gov/faqs/license_foreignpersons.html.	[page 7] Certification Pertaining to the Release of Controlled Technology or Technical Data to Foreign Persons in the United States [no change] [page 8] Controlled Technology and Technical Data. The licensing requirements described above will affect only a small percentage of petitioners because most types of technology are not controlled for export or release to foreign persons. The technology and technical data that are, however, controlled for export or release to foreign persons are identified on the EAR’s Commerce Control List (CCL) and the ITAR’s U.S. Munitions List (USML). The CCL is found at 15 CFR 774, Supp. 1 and www.ecfr.gov/current/title-15/subtitle-B/chapter-VII/subchapter-C/part-774. The USML is found at 22 CFR 121.1 and www.ecfr.gov/current/title-22/chapter-I/subchapter-M/part-121. The EAR-controlled technology on the CCL generally pertains to that which is for the production, development, or use of what are generally known as “dual-use” items. The ITAR-controlled technical data on the USML generally pertains to that which is directly related to defense articles. The U.S. Department of Commerce’s Bureau of Industry and Security (BIS) administers the CCL and is responsible for issuing licenses for the release to foreign persons of technology controlled under the EAR. The U.S. Department of State’s Directorate of Defense Trade Controls (DDTC) administers the USML and is responsible for issuing licenses for the release to foreign persons of technical data controlled under the ITAR. Information about the EAR and how to apply for a license from BIS are at www.bis.doc.gov. Specific information about EAR’s requirements pertaining to the release of controlled technology to foreign persons is at www.bis.doc.gov/index.php/policy-guidance/deemed- exports. Information about the ITAR and how to apply for a license from DDTC are at www.pmddtc.state.gov. Specific information about the ITAR’s requirements pertaining to the release of controlled technical data can be found on DDTC’s Frequently Asked Questions page at www.pmddtc.state.gov/ddtc_public?id=ddtc_public_portal_faq_landing by reviewing the Topic Area “Licensing of Foreign Persons.”
Page 10, Paperwork Reduction Act	[page 10] Paperwork Reduction Act An agency may not conduct or sponsor an information collection, and a person is not required to respond to a collection of information, unless it displays a currently valid Office of Management and Budget (OMB) control number. The public reporting burden for this collection of information is estimated at 3 hours per response, including the time for reviewing instructions, gathering the required documentation and information, completing the petition, preparing statements, attaching necessary documentation, and submitting the petition. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to: U.S. Citizenship and Immigration Services, Regulatory Coordination Division, Office of Policy and Strategy, 5900 Capital Gateway Drive, Mail Stop #2140, Camp Springs, MD 20588-0009; OMB No. 1615-0010. Do not mail your completed Form I-129S to this address.	[Page 10] Paperwork Reduction Act An agency may not conduct or sponsor an information collection, and a person is not required to respond to a collection of information, unless it displays a currently valid Office of Management and Budget (OMB) control number. The public reporting burden for this collection of information is estimated at 2 hours and 52 minutes per response, including the time for reviewing instructions, gathering the required documentation and information, completing the petition, preparing statements, attaching necessary documentation, and submitting the petition. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to: U.S. Citizenship and Immigration Services, Regulatory Coordination Division, Office of Policy and Strategy, 5900 Capital Gateway Drive, Mail Stop #2140, Camp Springs, MD 20588-0009; OMB No. 1615-0010. Do not mail your completed Form I-129S to this address.

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