I-129
&
Export
Compliance
Internal Processes At Vanderbilt
to Meet the New Export Control
Requirements for H-1B & O-1A
Petitions
2
What Now?
New Rule From USCIS




USCIS now requires completion of an Export
Control (EC) Licensing Attestation on all H-1B and
O-1 petitions. Rule took effect on February 20,
2011.
Vanderbilt must state whether or not an H-1B or O1 employee is required to obtain an export
license.
Departments must undertake an export license
analysis with VEC.
Any H-1B or O-1 Packets submitted to VISIT must
include a completed EC Attestation form before
the immigration petition can be filed with USCIS.
3
VISIT & VEC Responsibilities

VISIT’s role
 Ensuring the Immigration
Packet is fully complete in
keeping with all federal
compliance requirements
are met
 Providing an Export
Control Certification form
and coordinating internal
process with VEC
 VISIT cannot answer
specific export
compliance questions;
VEC is the subject-matter
specialist for export
compliance issues

VEC’s role:
 Maintaining a record of
all export compliance
matters at Vanderbilt
 Providing direction,
training, materials and
guidance with regards to
export control matters
 Reviewing the Visa
Deemed Export
Questionnaire to ensure
accuracy of responses
and obtaining the export
license
4
VISIT’s Export
Control
Certification Form
This form can be found in both
the H-1B and O-1 Immigration
Packets.
5
VEC’s Deemed Export Questionnaire
6
Completing the VISIT Export
Control Certification Form
 VISIT
EC Certification form is included in
the H-1B and O-1 Immigration Packets

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
READ the entire EC Certification form
COMPLETE the VEC Deemed Export
Questionnaire
CHECK “yes” or “no” on the EC Certification
form, per the instruction on VEC’s form
TURN-IN the completed H-1B or O-1 Packet
to VISIT
7
After the Deemed Export
Questionnaire is Completed


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If all answers are “NO,” the department should
submit the questionnaire to VEC; complete the EC
Certification form in the Immigration Packet; and
submit the EC Certification form to VISIT.
If any answer is YES,” the department should submit
the questionnaire to VEC. Once VEC has reviewed
the EC Questionnaire they will inform the department
of how to respond to the EC Certification form
question. VEC will also inform VISIT of the required
response.
Once VISIT has the EC Certification form from the
department and confirmation from VEC, the
completed H-1B or O-1 petition will be sent to USCIS.
8
Reminders

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If VISIT receives an immigration packet with an
incomplete EC Certification page we will begin work
on the packet but will not file any documents with
USCIS until the EC Certification form is received.
VISIT will notify department administrator of the EC
Certification deficiency.
VEC will work with the department to obtain the
export control license while the H-1B or O-1 filing is
being processed by USCIS.
The employee can begin work at Vanderbilt but
cannot work with the materials, equipment or area
where the export control license is required.