International Center 20 Sawyer Avenue, Medford, MA 02155 I TEL: 617.627.3458 I FAX: 617-627.6076 I [email protected] http://ase.tufts.edu/icenter

H - 1B TEMPORARY WORKER VISA The International Center files all H-1B visa petitions with the U.S. Citizenship & Immigration Services (USCIS) on behalf of the University. Attorneys representing individuals are not authorized to file H-1B petitions on behalf of the University. The instructions for processing an H-1B petition are sent only to department chairs, directors and/or faculty sponsors who will work, together with the International Center and the faculty/research scholar, to prepare the required materials. WHAT IS AN H-1B VISA? The H-1B temporary worker visa is designated for individuals coming temporarily to the U.S. to perform services in a specialty occupation, which is defined as "an occupation which requires theoretical and practical application of a body of highly specialized knowledge," and requires any applicant for this visa to have achieved "attainment of a bachelor's or higher degree for the specific specialization (or its equivalent in experience)." The hiring department must provide documentation to prove that the job requires a person with special qualifications and that the foreign scholar has those qualifications. The USCIS makes the final decision on whether or not the appointee qualifies for the H-1B classification. WHO IS ELIGIBLE FOR TUFTS SPONSORSHIP OF H-1B STATUS? Academic positions with a ranking of Research Associate or higher can be considered for H-1B sponsorship. The International Center & Human Resources will evaluate non-academic applicants on a case-by-case basis. Non-academic positions to be considered would need to be full-time/exempt, high-level professional positions requiring a minimum of a Bachelor’s degree. THE H-1B APPLICATION PROCESS: •

The International Center need to receive the necessary forms from the Tufts Sponsoring Department. These forms have been sent to the department via email. They are: o Form H o Wage Verification Form o Letter Addressed to USCIS, describing the Tufts position and the scholar’s credentials (Please refer to “Guidelines to Drafting a Letter to USCIS” for assistance.

•

Upon reviewing above documentation, the International Center will submit a request for a prevailing wage determination from the Massachusetts State Workforce Agency (SWA). This is done to ascertain that the salary being paid to the faculty member/scholar is within the current prevailing wage for the occupation as determined in Massachusetts. Although it is possible to use survey material from other sources, the policy at Tufts is to use prevailing wage information provided by SWA only. SWA is the one authoritative source not subject to challenge by the Department of Labor (DOL), in the event of an institutional audit. A SWA wage determination is only valid for 90 days. Tufts must pay 100% of either the prevailing wage or actual wage, whichever is higher. o

The actual wage level is that paid by the employer to all other individuals with experience and qualifications similar to the H-1B nonimmigrant for the specific employment in question at the place of employment. Factors to be considered in determining an actual wage rate would include experience, qualifications, education, job responsibility and function, or specialized knowledge.

o

After obtaining an approved prevailing wage determination, the International Center completes a “Labor Condition Application (LCA) – Form ETA–9035) and submits it to the Department of Labor for approval. This can only be done after we have obtained an acceptable prevailing wage determination from SWA.

o

Upon submitting an LCA to the DOL, we will send the Tufts Sponsoring Department two copies of the LCA for posting along with the LCA Application Cover Pages which we suggest you read prior to posting the LCAs. The LCA makes certain attestations concerning the prevailing wage, working conditions, possible labor disputes, advertising of the position, etc. The LCAs will need to be

posted for a ten-day period in two conspicuous locations in your department. An LCA cannot be filed by Tufts with the DOL earlier than 180 days (6 months) of employment start date, as listed on LCA. LCAs cannot be submitted to USCIS later than 90 days from SWA wage determination. o

The International Center will compile/submit the H-1B petition to USCIS. Refer to information below on Processing Time.

NOTE: The International Center will work directly with the International Scholar to obtain his/her documentation, which is separate of the Tufts departmental paperwork, mentioned above.

GENERAL INFORMATION RE: H-1B VISAS: Length of Stay - The initial H-1B visa may be granted for a period of up to three years. It can be extended thereafter for up to another three years to a maximum total of six years, regardless of the number of jobs held during that period. Since this six-year limit is strictly enforced, it is important to plan accordingly. The six-year limit includes time spent on the H1B visa at institutions prior to Tufts. It may be possible to begin another six-year period as an H-1B after the appointee has spent at least an aggregate of one year outside the U.S. In rare cases, with USCIS approval, a “7th year extension” can be possible on the basis of a pending green card application, The amount of time you apply for an H-1B must coincide with the Tufts appointment/contract time being offered. Return travel cost, responsibility of Tufts University sponsoring department - The Tufts Sponsoring Department will be responsible for the reasonable cost of return transportation (air) to place of last residence outside of the U.S. of the foreign national if he/she is dismissed by the Tufts department before the end of his/her period of authorized H-1B status. In the Event of an Audit - the DOL does have the authority to request to see payroll records to substantiate the rate of pay to employees in comparable occupations. You, as the sponsoring department, will need to be prepared to defend the information provided to the International Center. The employer must also be prepared to establish that the working conditions of the H-1B worker and any other employees in the same occupational classification are similar to working conditions existing in like business establishments in the local area of employment. The Penalties for Noncompliance with the regulations include fines, payment of back wages, and, under the most extreme circumstances, the withdrawal of the University's right to petition to employ foreign faculty/research scholars for at least one year. H-1B Portability, Effective 10/17/00, Section 105 of the American Competitiveness in the Twenty-First Century Act implemented a feature to U.S. employers sponsoring H-1B workers. It allows individuals who are already in current H1B status at another institution to commence employment with a new employer upon the filing of the new employer’s H1B petition with USCIS. The international scholar must be in legal immigration and work status with the previous employer at the time we file the H-1B petition from Tufts. The Portability clause will allow Tufts to permit the start of employment upon receiving confirmation from USCIS that they have received the petition. We no longer need to wait until they actually approve the petition in order for the person to start working. This saves us about 3 months in processing time. Please Note that an International Scholar leaving Tufts employment for a non-academic institution, will be made subject to the H-1B cap. Changes of Employment - If there are changes in the H-1B visa holder's employment; you must contact the International Center before such changes take place. USCIS regulations require the employer to notify USCIS of changes in location, duties, job title, source or amount of salary, etc. Dependents of H-1B Visa Holders - Dependents of an H-1B visa holder are eligible for H-4 visa status. Dependents in this visa status may not accept employment under any circumstances. Anyone entering the U.S. as a dependent of the H-1B visa holder (i.e. in H-4 status) will not be eligible to work unless they attain employment through a company that is willing to sponsor them for their own H-1 visa. Effective 12/05/2006, USCIS issued an internal Memorandum stating that time spent in H-4 status DOES NOT count toward the six year limitation on stay for H-1B workers. Processing Time : • It takes the International Center a 3-4 week period to prepare/complete and submit an H-1B Petition to the USCIS. (3-4 weeks from the time that our office receives all of the required documentation from the Tufts Sponsoring department.) • If the Petition is sent through Premium Processing ($1,225 fee), it will take the USCIS about 2-3 weeks to receive a response from USCIS. • If the Petition is sent through Regular Processing ($325 fee), it will take the USCIS about 4-5 months to respond.

Premium Processing (Request for Expedited Processing) - Effective 06/01/01, USCIS implemented a method for employers to obtain faster processing of H-1B petitions. There is a fee of $1,225 which must be made payable to “USCIS”. Coincidentally this fee is for the same amount as the fee charged to your department by the International Center, but it is a separate fee. The $1,225 Premium Processing fee guarantees a 15-day turnaround time from USCIS. This is a good option for new hires to the H-1B category and more specifically for those hires which need to be expedited.

Fees Related to the H-1B Process: •

An internal Tufts Visa Processing Fee of $1,500 (NOT a CHECK) will be charged to your department, this fee is not sent to USCIS. o The Tufts Sponsoring Department is legally responsible to pay this fee, and cannot legally ask the international scholar to pay it. We do not need a check for this internal fee. Dept. merely needs to include aTufts account # on Form H, attached and the International Center will post the internal $1,500 fee to that account.

•

A check for $500, payable to “U.S. Department of Homeland Security” is to be sent to the International Center. o The Tufts Sponsoring Department is legally responsible to pay this fee, and cannot legally ask the international scholar to pay it.

•

A check for $325.00, payable to “U.S. Department of Homeland Security” is to be sent to the International Center if the Tufts Department wishes to Regular Process (not premium process it). o The $325.00 is needed as a separate fee even with Premium Processing cases (in addition to $1,225). The Tufts Sponsoring department IS permitted to ask the international scholar to cover this cost.

•

A check for $290.00, payable to “U.S. Department of Homeland Security” is to be sent to the International Center if the Petition includes a request for H-1B dependent processing for spouse and/or children.

•

A check for $1,225, payable to “U.S. Department of Homeland Security” (For Premium Processing Cases only) is to be sent to the International Center if the Tufts Department wishes to apply through Premium Processing (to expedite the petition).

Checks can be requested from Accounts Payable by sending them a: o o o

Completed Check Voucher The Check(s) are made payable to “U.S. Department of Homeland Security” The address to go on the Check(s) is Department of Homeland Security U.S. Citizenship & Immigration Services California Service Center P.O. Box 30111 Laguna Niguel, CA 92607-0111

• • •

You do not need to put a taxpayer ID# or Soc Sec # on Check Voucher Be sure to write on the Check Voucher “To be returned to Tufts International Center at 20 Sawyer Avenue, Medford Campus”. Otherwise, check(s) will be mailed to USCIS and you will need do a stop payment and request another check(s) If you have any questions on completing the Check Voucher, contact Ms. Jackie Nadeau at Ext. 75027 (Accounts Payable Dept.) You can also fax them the Check Voucher to Fax Number 73879, but you must forewarn them that you’re faxing it.

PAF: A PAF will be necessary for this individual. However, please DO NOT PROCESS IT UNTIL you have been notified by the International Center that we have received work authorization from the USCIS. Be sure that the information provided to the International Center to be submitted to both the Department of Labor and the USCIS is the same as the information you include in internal Tufts documentation (i.e. the PAF). Details such as: job title, job duties, job location, salary and dates of employment must be consistent. I-9 form - Once the individual has received the appropriate H-1B authorization from USCIS (H-1B Approval Notice), he or she will be required to complete a Form I-9 by his/her first day of employment in legal H-1B status. Taxes - We strongly suggest that you not provide any assistance in this area. Typically, H-1B visa holders are subject to the same taxes as a U.S. citizen.

I-Center Use: Remove “Extend” from custom field _______

International Center 20 Sawyer Avenue, Medford, MA 02155 I TEL: 617.627.3458 I FAX: 617-627.6076 I [email protected] http://ase.tufts.edu/icenter

FORM H

Application to Sponsor an H-1B International Specialty Worker

Name of Candidate:

Last

First

Middle

Tufts Department Name: Street Address:

Zip:

Department Main Phone Number: Job Title:

(title must concur with the title used on the Personnel Action Form, Contract or Agreement Letter)

Prospective Start Date:

Prospective End Date:

The U.S. Citizenship & Immigration Services will approve the petition based on the dates listed above. The end date used here must concur with the end date on Personnel Action Form, Contract or Agreement Letter. You will need to repeat the same level of paperwork with the International Center for extending an H-1B petition, should the International Visitor need to extend beyond the End Date mentioned above. The H-1B Extension Process is the same as the Initial (costs and processing time are the same as well).

•

Salary to be offered for above dates:* $

•

Highest Degree of Candidate:

Bachelor’s

•

Candidate Will (choose one):

Teach

•

Candidate Will (choose all that apply):

•

Is the Position:

•

Daily work schedule:

•

Will travel be required in order to perform the job duties?

•

# of Employees Candidate will supervise

•

Is this a Permanent Position:

•

Job Description (must be at least 4-5 sentences long):

*(If applying for Extension, include future salary (i.e. if applying for Extension from 09/01, list whatever the salary is going to be from 09/01).

Master’s

PhD

Conduct Research Advise Students

DVM Both, Teach & Research

Serve on Committees

Full-Time (If Full-Time, is this 35hrs/week ___ or 40hrs/week___) Part-Time (if Part-Time, # of hours per week , and # of weeks M-F 9-5

Other (specify) _____ )

Other (Specify Days & Hours)

Yes

Yes

No

Title of Candidate’s Supervisor No

Is this a Tenure-Track Position?:

Yes

No

Please read this paragraph before completing the following: The information from this form will enable the International Center to request a Prevailing Wage Determination from the State Workforce Agency. Be mindful of the fact that the following information will determine the wage level for the position. You need only answer the following questions in reference to the minimum requirements needed to perform the job. Do Not answer the questions pertaining to the Candidate you are looking to sponsor. He/she may have credentials higher than those required to perform the duties of the position, which could result in a higher prevailing wage determination from the State Workforce Agency and could necessitate a salary increase.

•

What is the MINIMUM Level of Education Needed to Perform the Job: Bachelor’s Master’s PhD DVM 1a. Indicate the major(s) and/or field(s) of study required. (may list more than one related major/field.):

•

Is training for the job opportunity required? (Yes or No):

No

2a.If “Yes” in question 2, specify the number of months of training required: 2b.Indicate the field(s)/name(s) of training required (may list more than one related field and more than one type): •

Is employment experience required? (Yes or No) : no 3a.If “Yes” in question 3, specify the number of months o of experience required: 3b. Indicate the occupation required:

•

Special Requirements – List specific skills, licenses/certificates/certifications and requirements of the job opportunity.

•

City of Job Location:

Second Location of Job (if applicable):



THE INTERNAL TUFTS I-CENTER PROCESSING FEE $1,500 Tufts H-1B Processing Fee will be charged to your dept account. This is an internal fee, which can NOT be transferred to visiting scholar. Note: On occasion, it’s necessary to obtain a non-DOL Prev. Wage, (which will cost approx. $200). Please Provide Account #

RETURN TRAVEL COST RESPONSIBILITY OF TUFTS SPONSORING DEPARTMENT Under the following conditions: The Tufts Sponsoring Department will be responsible for the reasonable cost of return transportation (air) to place of last residence outside of the U.S. of the above-mentioned foreign national if he/she is dismissed by the Tufts department before the end of his/her period of authorized H-1B status. The above-mentioned, Tufts Sponsoring Department, must also comply with the terms of the Labor Condition Application (Form ETA 9035) for the duration of the alien’s authorized period of stay. The Department is also required to notify the International Center of any substantial changes in the H-1B visa holder’s employment (such as a new location of employment, change in job duties, change in source or amount of salary, job title, and termination date, etc.).

APPROVAL SIGNATURES (Confirming all details previously listed on this form) Name of Person Completing this Form Name of Department Chair

(Ext:

)

Today’s Date

Signature of Department Chair_______________________________

All *HNRCA Cases, must also contain signature of Roger Lee____________________________ (*Human Nutrition Research Center on Aging)

**************************************** Fees Related to the H-1B Process: TUFTS INTERNAL FEE - No check required. •

$1,500.00 – The International Center Visa Processing Fee for ALL H1B requests. This will be charged to your department, as per account number listed on Form H.

USCIS FILING FEES - Check required. 1. Please prepare a separate check for each fee. 2. All checks must be payable to “U.S. Department of Homeland Security” and are to be sent to the International Center. •

$325.00 - I-129 Filing Fee*. This is required for ALL the H1B petition including new, extension and amendment requests.

•

$500.00 - Anti-Fraud Fee*. This is required if the scholar is a new Tufts employee OR is currently on other visa status and wish to change to H1B.

•

$1,225.00 - Premium Processing Fee*. This is required only if the Tufts Department wishes to apply through Premium Processing (expedited processing).

•

$290.00 - I-539 Filing Fee**. Fee for dependents’ change of status to H-4 (dependent visa) or extension of H-4 visa status if the petition includes a request for H1B dependent processing for spouse and/or children.

*Tufts Departments cannot ask the international scholar for these H-1B related fees. (There are exceptions to this rule, but only with approval from the International Center. The Anti-Fraud fee must be paid by the dept with no exception). ** Tufts Departments may ask the individual to cover these costs. If a department is wishing to pay any of the above-mentioned filing fees, department must send the International Center the check(s) for the fees. •

The checks can be requested from Accounts Payable by sending them: o

Completed Check Voucher (you may obtain a check voucher form from Jackie Nadeu at Ext. 75027).

o

The Check(s) are made payable to “U.S. Department of Homeland Security”

o

The address to go on the Check(s) is Department of Homeland Security U.S. Citizenship & Immigration Services California Service Center 24000 Avila Road, Room 2312 Laguna Niguel, CA 92677

•

You do not need to put a taxpayer ID# or Soc Sec # on Check Voucher

•

Be sure to write on the Check Voucher “To be returned to Tufts International Center at 20 Sawyer Avenue, Medford Campus”. Otherwise, check(s) will be mailed to Immigration and you will need do a stop payment and request new check(s).

•

If you have any questions on completing the Check Voucher, contact Ms. Jackie Nadeau at Ext. 75027 (Accounts Payable Dept.) You can also fax them the Check Voucher to Fax Number 73879, but you must forewarn them that you’re sending it.

GUIDELINES FOR DRAFTING A LETTER TO USCIS FROM THE TUFTS UNIVERSITY SPONSORING DEPARTMENT  Your letter must be on your official departmental Tufts blue-seal stationery, dated and signed by the Department Chair or by the Tufts Sponsoring Faculty Member; Addressed to: U.S. Citizenship & Immigration Services California Service Center P.O. Box 30111 Laguna Niguel, CA 92607-0111  The letter must be at least one page in length. It must attest to the applicant’s qualifications in a “specialty occupation” and how the person has the professional level of qualifications essential to filling the position being offered at Tufts. Specialty Occupation is defined under the law as “occupations that require highly specialized knowledge and a minimum of a bachelor’s degree or its equivalent”. Foreign nationals being appointed a teaching or research position at Tufts would qualify for this category.  The letter should include what the applicant is doing or going to do at Tufts University. Describe in lay terms the duties performed/or to be performed;  Describe the breadth of knowledge, theory, experience required for the position offered.  List the qualifications required to perform these duties (i.e, applicant would need a PhD in Biochemistry with specialization in _____);

This letter will be included by the International Center with the rest of the documentation being submitted to the USCIS requesting H-1B visa status for the foreign national.

CONFIDENTIAL

H-1B VISA WAGE VERIFICATION FORM Departments must keep a copy of this form along with any other documentation providing proof of how this individual’s salary and benefits were determined. The Department of Labor does have the authority to request to see Payroll records to substantiate the rate of pay to employees in comparable occupations. The Tufts sponsoring department must also be prepared to establish that the working conditions of the H-1B worker and any other employees in the same occupational classification are similar to working conditions existing in like business establishments in the local area of employment. This documentation should be maintained for a period of three years beyond the date of the employment of the individual. In signing this form you are confirming that you are: 1) Paying the individual a minimum of prevailing wage (wage level paid to all other individuals with similar experience and qualifications); 2) Offering the same benefits package as you offer to all other similarly employed employees; 3) Providing the same work conditions as you provide to all other similarly employed people.

Name of International Scholar

Tufts Hiring Department

Position Title

Annual Salary

$

1) I hereby attest that the information provided to the International Center in regards to this non-immigrant’s salary/benefits/work conditions is accurate and in accordance with the information on the non-immigrant’s contract, agreement or form letter. I also attest to the fact that the information provided to the International Center concurs with the information provided to the Payroll/Human Resources department on the Personnel Action Form (i.e. Title, Salary, Employment Dates, etc.). Yes No 2) I hereby attest to the fact that I will notify the International Center PRIOR to any significant change in the non-immigrant’s salary, job title, job description, work location, work conditions, termination of employment, resignation, lay-off, etc. Tufts University is required by law to report any significant changes in employment to the U.S. Citizenship & Immigration Services (USCIS). In order for our office to do so, we depend on you, the non-immigrant’s sponsoring department, to keep us informed. Yes No 3) I hereby attest to the fact that the end date provided to the International Center on Form “H” concurs with the prospective end date of the individual’s contract, agreement or offer letter. I understand the end date listed on Form H will be the date that the International Center will include in the H-1B Petition to the USCIS. Therefore, if USCIS approves the H-1B Petition, it will only approve it until such a date. If the international scholar continues his/her employment with Tufts beyond the end date provided to us on Form “H”, it will be necessary to process another H-1B Petition requesting that USCIS extend their status. (H-1B extensions entail the same amount of paperwork as the initial process. The International Center charges the same visa processing fees for extensions ($1,000). You should notify the International Center 4-5 months in advance of applying for an H-1B extension.) Yes No

4)

Is a Massachusetts License or Certificate necessary in order to perform this job? Yes If yes, please attach it to this form.

5)

Is this employee eligible for the same benefits package as you would offer any other employee with similar position? Yes No Please indicate which benefits package is being offered?

Partial Benefits

Full Benefits

Post-Doc Benefits

No

No Benefits

CONFIDENTIAL Candidate’s Name Below: List employees with positions similarly related to the position being offered to above prospective employee. The people you list below must possess similar experience and qualifications as above. Factors to be considered: experience, qualifications, education, job responsibility and function, or specialized knowledge. In the event of an institutional audit by the Department of Labor, Tufts will be required to prove that it paid the prevailing wage to the H-1B scholar as it did to all other similarly related employees. They could request to verify payroll records as well. It will be the responsibility of the Tufts sponsoring department to defend/explain the information provided here in the event of a USCIS or Dept. of Labor Audit. Please be very mindful of this as you complete the following. Also provide actual position title, annual salary and explanation of any salary differences: Employee Name

Position Title

Explanation of Salary Differences____________________

Salary

NOTE: • DO NOT KEEP THIS FORM IN APPOINTEE’S FILE. You should establish a separate file with this type of information since it contains compensation details of other employees in your department. •

DO NOT GIVE THIS FORM TO THE H-1B SCHOLAR, for the same confidentiality reasons, to protect the privacy of other individuals mentioned on this form.

APPROVAL SIGNATURES: Name of Dept. Chair:_____________________ Signature of Dept. Chair:____________________________________ Date:___________________

Name of School Dean: __________________ Signature of School Dean________________________

Date: ___________________

Q:\FORMS.FAC\H1\H-1B PACKET FOR DEPARTMENT\Wage Verification Form.doc

Revised 2/20/07

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International  Center   20  Sawyer  Avenue,  Medford,  MA  02155  I  TEL:  617.627.3458  I  FAX:  617-­‐627.6076     [email protected]  I  http://ase.tufts.edu/icenter  

  Dear  Department:     As  of  February  20,  2011,  revised  Form  I-­‐129  (Rev.  11/23/10  N)  requires  petitioning  employers  to  answer  the   following  new  questions:       PLEASE  ANSWER  AND  SIGN  BELOW:     __________________________________________              _____________________________________________   Name  of  Beneficiary                                Dept     Part  5,  Questions  4  &  5  (page  4)  of  Form  I-­‐129,  requests  all  Petitioners-­‐Employers  to  declare  whether:                             The  beneficiary  of  the  application  will  be  employed  at  non-­‐employer  controlled  worksites;         Or                           The  beneficiary  will  NOT  be  employed  at  any  non-­‐employer  controlled  worksites.     Part  6,  requests  an  answer  to  the  following  question:       “With  respect  to  the  technology  or  technical  data  the  petitioner  will  release  or  otherwise  provide  access  to  the   beneficiary,  the  petitioner  certifies  that  it  has  reviewed  the  Export  Administration  Regulations  (EAR)  and  the   International  Traffic  in  Arms  Regulations  (ITAR)  and  has  determined  that:                              A  license  is  not  required  from  either  U.S.  Department  of  Commerce  or  the  U.S.  Department  of  State  to   release  such  technology  or  technical  data  to  the  foreign  person;       Or                            A  license  is  required  from  the  U.S.  Department  of  Commerce  and/or  the  U.S.  Department  of  State  to  release   such  technology  or  technical  data  to  the  beneficiary  and  the  petitioner  will  prevent  access  to  the  controlled   technology  or  technical  data  by  the  beneficiary  until  and  unless  the  petitioner  has  received  the  required  license  or   other  authorization  to  release  it  to  the  beneficiary.”                         Name  of  Dept  Chair     Date     Signature  of  Dept  Chair           Part  5,  Questions  4  &  5  (page  4)  of  Form  I-­‐129,  requests  all  Petitioners-­‐Employers  declare  whether  their  employee   will  perform  work  offsite  at  a  third  party  (non-­‐employer  controlled)  locations.    If  so,  the  Employer  must  submit   evidence  with  the  initial  application  corroborating  the  fact  that  the  employee  will  perform  their  stated  duties  at   each  third  party  worksite.  Such  evidence  includes:  itineraries;  contracts;  work  orders  listing  all  worksite  locations;   and/or  employment  confirmation  letters  from  third  party  clients  verifying  the  nature  of  duties  being  performed.   Please  ensure  that  you  have  made  our  office  aware  of  all  third-­‐party  work  sites.    

Deemed  Export  Form  

Part  6,  requests  an  affirmative  declaration  that  you  are  complying  with  Export  licensing  laws.  Specifically,  the  U.S.   Department  of  Commerce’s  Bureau  of  Industry  and  Security  (BIS)  considers  the  release  of  technology  to  a  foreign   national  as  “deemed  to  be  an  export  to  the  home  country  or  countries  of  the  foreign  national”  thus  requiring   reporting  and  waiver  applications  in  order  to  employ  the  foreign  national.  Although,  most  non-­‐government  (i.e.   Department  of  Defense  Contractors)  dependent  technology  companies  are  exempt  from  BIS  regulations.  Form  I-­‐ 129,  Part  6,  (page  5)  requires  all  H-­‐1B,  L-­‐1,  O-­‐1A,  and  H-­‐1B1  Petitioners-­‐Employers  to  select  the  appropriate   statement  regarding  compliance  with  Export  Laws  and  the  release  of  Controlled  Technology  or  Technical  Data  to   foreign  persons  in  the  United  States.         Please  consult  with  your  general  counsel  and/or  compliance  attorneys  regarding  the  applicable  Export  laws  and   regulations  and  your  compliance.    The  following  websites  provide  background  information  on  the  general   requirements  http://www.bis.doc.gov/licensing/exportingbasics.htm  and   http://www.bis.doc.gov/deemedexports/deemedexportssupplementqa.html.                                                                                         Q:\FORMS.FAC\ARRIVAL\New  format  Arrival  Memo.docx   Updated:  01/10/2012