What Is the Export Control Certification on Form I-129?

Employers filing Form I-129 for H-1B, H-1B1, L-1 or O-1A workers must certify in Part 6 of the form that they reviewed the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR) and decided whether a license is required to release controlled technology or technical data to the beneficiary. The certification is part of the USCIS Instructions for Form I-129.

What the petitioner certifies. The petitioner must state one of two things. Either no license is required from the Commerce Department or the State Department to release the technology or technical data, or a license is required and the technology or technical data will not be released to the beneficiary until the employer receives the license or other authorization.

Where the lists are. Commerce-controlled items are on the Commerce Control List (CCL) at 15 CFR Part 774, Supplement No. 1. Defense articles and services are on the U.S. Munitions List (USML) at 22 CFR 121.1. The instructions note that most technology is not controlled and does not require a license for release to a foreign person.

Link to deemed exports. A release of controlled technology or source code to a foreign person in the United States is a deemed export (15 CFR 734.13(b)). The certification asks employers to decide before the worker starts whether that rule applies to the job. The FAQ on deemed exports under the EAR explains the rule.

Edition rule. USCIS lists the accepted edition of Form I-129 on its Form I-129 page. In October 2026, that page stated that starting November 9, 2026, USCIS accepts only the September 9, 2026 edition, and that the February 27, 2026 edition may also be used until then.

Related employer topics. Other hiring compliance steps are described in the FAQ on legal requirements for drug testing in the workplace and the FAQ on what compliance training is. A recent BIS denial order is covered in the news post on the 10-year export denial order against Richard Shih.