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Deemed Export Certification (I-129)

Generally, any item (commodities, software or technology, technical information, blue prints, design plans, circuit boards, etc.) subject to the Export Administration Regulations (EAR) that is shipped or transmitted from the United States to a foreign destination is an export.  In addition, technology, know-how, and non-encryption source code that is released to foreign national within the U.S. is “deemed” to be an export to the country where the person is a resident or citizen and could be subject to licensing requirements.  This is what is commonly known as the “deemed export” rule. 

Effective 2011, the U.S. Citizenship and Immigration Services office has updated Form I-129 used by employers to petition for H-1B visas, requiring that the employer provides a deemed export license determination for the visa beneficiary. For more information about deemed exports review the FAQs on the Bureau of Industry and Security website. 

The UCM Office of International Affairs will include an I-129 Deemed Export Questionnaire in each I-129 petition packet. The principal investigator who will supervise the visa beneficiary or an individual who is otherwise knowledgeable about the beneficiary's intended work should complete and return the questionnaire. 

The Office of Research Compliance & Integrity will review the information provided and determine whether a deemed license is required to employ the beneficiary at UCI. Once a determination is made, the UCI International Center will submit a Form I-129 to U.S. Citizenship and Immigration Services.

Please contact the Office of Research Compliance & Integrity with questions about how to complete the I-129 Deemed Export Questionnaire.