I-129 EXPORT CONTROL CERTIFICATION
Relating to
EMPLOYMENT OF FOREIGN NATIONALS AT THE UNIVERSITY OF PITTSBURGH
Part I- Background
Effective February 20, 2011, a new version of the U.S. Customs and Immigration Services' Form I-129 must be used to petition for visas for foreign nationals whom we would like to employ at the University of Pittsburgh. The U.S. Department of Homeland Security now requires that every employer supporting a foreign national for employment in H-1B, H-1B1, L-1 or O-1 status certify that it has evaluated the need for and, where necessary, secured the appropriate licensure for exportation or deemed exportation. This new Part 6 of the I-129 is formally referred to as a Certification Regarding the Release of Controlled Technology or Technical Data to Foreign Persons in the United States, which is reproduced in Part IV, below, for reference.
This new certification requirement stems from the “deemed export rule” under the Export Administration Regulations (EAR) (15 CFR Parts 770-774) and the International Traffic in Arms Regulations (ITAR) (22 CFR Parts 120-130), which provides that the transfer, release, or disclosure of controlled technical data, technology or ITAR-controlled software to a citizen or national of a foreign country is deemed to be an export to that country of nationality. Under the EAR and ITAR, the U.S. government regulates the transfer of controlled technical data to foreign nationals/employees.
In the new Part 6 of the revised Form I-129, the University will be required to make a certification relating a foreign applicant’s potential to access export-controlled technology or technical data in connection with the prospective University employment. Accordingly, Part 6 of I-129 can only be completed by the University with the thoughtful input from the hiring department. As part of the compliance process, the University requires that the responsible department or unit engage in the appropriate analysis to determine whether employment of the foreign national requires a deemed export license pursuant to EAR or ITAR.
Failure to comply with U.S. export control regulations can bring steep criminal and/or civil penalties to both the University and its employees. Employers and individuals found to be in violation of export regulations may be subject to criminal sanctions for false statements to the U.S. government, resulting in sanctions of up to $1 million per violation and jail time of up to 20 years.
Please read the instructions at Part II, below, and then carefully and completely fill out the Department Questionnaire and Certification at Part III, below. Then return this original form to the Office of InternationaI Services (708 WPU) so we can continue the I-129 application process.
At any time if you need assistance working through the questions and analysis required at Part III, please contact Allen DiPalma, Export Control Officer at the University for technical assistance at 412- 624-7405: Part II-Hiring Department Instructions to Complete Part III
1. The Department person who provides the information requested in the Questionnaire at Part III should be the person best able to predict what the proposed foreign national employee (hereafter “Foreign Hire”) will be working on throughout the term of his/her visa-authorized employment at the University of Pittsburgh. Multiple individuals may complete and sign if appropriate and if no single person is able to certify and attest to the foreign national employee’s work experience throughout the term of his employment.
2. Suggestions for completing Part III:
- If the Questionnaire does not provide sufficient space for an answer, please create and use a continuation page.
- The Questionnaire will not be considered complete until your Certification at the end of Part III has been signed.
3. After completing the Department Questionnaire and Certification at Part III, return the original completed form (with the job description of the Foreign Hire) to the Director, Office of International Services (708 WPU). Keep at least one copy of this form for your files and reference. Upon receipt, the Office of International Services will obtain the review and recommendation of the University’s Export Control Officer prior to completing and submitting the
I-129 for your requested employee.
4. At any time if you need assistance working through the questions and analysis required of the Department on Part III, please contact Allen DiPalma, Export Control Officer at the University of Pittsburgh, for assistance. Part III- Hiring Department Questionnaire and Certification
The Department is completing the following questionnaire and analysis for the following proposed Foreign Hire:
Foreign Hire ______Country of Citizenship ______
Job Title ______Department ______
Brief Job Description (and attach full job description): ______
The Export Control Officer will use the information and descriptions provided below to determine the likelihood that a license will be required to share certain kinds of technical information and data with the proposed Foreign Hire.
1. Will the Foreign Hire be involved in any University of Pittsburgh research projects?
Yes_____ No _____
If yes, will any of the research be sponsored, in whole or in part, by either the University or an external sponsor, including the federal government? Yes_____ No _____
If yes, please describe: ______
a) Also if yes, please provide the project identification number(s), if available: ______b) And if yes, please describe in detail the research that will be performed, including whether the research results will be taught, published or otherwise shared with the interested public: ______
2. Will the Foreign Hire be provided access to any University-owned technical data or technology that is considered proprietary or confidential to the University? Yes ____ No ____
If yes, please describe: ______3. Will the Foreign Hire be provided access to any third party-owned technical data or technology that is considered proprietary or confidential to the third party owner? This includes US. Government furnished technical data with dissemination controls or other restrictive markings, as well as ITAR-controlled software. Yes_____ No _____
If yes, please describe: ______
4. Will the Foreign Hire be provided access to equipment specifically designed or developed for military or space applications? Yes_____ No _____
If yes, please describe: ______
If you have responded affirmatively to any of the questions above, please contact the University’s Export Control Officer, Allen DiPalma, at 412-624-7405, so that a more thorough analysis can be made of the need for a deemed export license. At the conclusion of that analysis, the Export Control Officer will forward the recommendation to the Director, Office of International Services, in order to continue the process of completing and submitting an I-129 for your requested employee.
Certification of the Department Official
I certify that I answered the questions in this Part III on behalf of the Department in connection with the proposed Foreign Hire identified above.
I have attached a copy of the job description and/or job announcement for the proposed Foreign Hire.
I hereby certify that I have reviewed and evaluated the job description for the above-named Foreign Hire and that I have answered the questions above accurately and completely as of the date of my signature below. I understand that my failure to do so may result in civil or criminal penalties to me or the University.
I hereby certify that I will notify the University’s Export Control Officer immediately should the responsibilities or job duties of the proposed Foreign Hire change so that a revised deemed export analysis can be performed relating to the Foreign Hire’s new responsibilities.
______Name (Print)
______Signature Date
______Title Part IV-Export Control Officer Recommendation as to Completion of I-129, Part 6
In reliance upon the answers and job description provided by the hiring official completing the Hiring Department Questionnaire and Certification at Part III above, and the additional information acquired by me and noted below, the following box should be selected as the most appropriate certification on Form I-129, Part 6 (check one):
Signed:
______
Allen DiPalma Date Designated Export Control Officer University of Pittsburgh Additional Facts and Information Obtained by Export Control Officer:
______