J-1 Exchange Visitors
UC Merced now requires export control review for all J-1 visa applicants. All sponsoring units must complete the required Visa Screening form and contact the UC Merced Export Controls office at exportcontrols@umcerced.edu prior to requesting a DS-2019 processing from the Office of International Affairs (OIA). Once certification of export control review is obtained, the Export Controls office will issue a certifying letter to the sponsoring units. Sponsoring units must include a copy of this letter with other DS-2019 request documents submitted to OIA.
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 UCM. Once a determination is made, the UCM International Office will submit a Form I-129 to U.S. Citizenship and Immigration Services.
Please contact the Office of Research Compliance & Integrity exportcontrols@ucmerced.edu with questions about how to complete the I-129 Deemed Export Questionnaire.
