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Visa Application Export Control Screening

Visa-Related Export Control Screening – Prospective Employees and Deemed Exports

What Is an I-129 Export Control Certification, and What Does it Have to Do with Me?

The U.S. Customs and Immigration Service requires that JHU submit a Certification Regarding the Release of Controlled Technology or Technical Data to Foreign Persons in the United States every time we submit a petition for certain types of nonimmigrant worker visas.

Please use the guidance below to begin working with your existing visa-support contacts and the Export Control Office in order to ensure that the Certification is properly completed for your prospective, foreign employees.

Why is Departmental Input Required to Complete the Certification?

The Federal Government imposes significant criminal and civil penalties on those who release restricted technical information to other countries or to their citizens, even when foreign nationals are legally working for/with us in the United States.  The departmental personnel who will be directing the work of our foreign national employees are in the best position to describe the tangible and intangible items with which the foreign national employees will work.  The Export Control Office can use such descriptions to determine the likelihood that a license will be required to share certain kinds of technical information with our foreign national employees.

Here is what I-129, Part 6 looks like:

visa appliation screening2

What is the Process for Completing the I-129 Export Control Certification?

  1. A Hopkins department, institute, etc., determines that it needs to employ a particular foreign national.
  2. The department notifies its “International Office” of an intent to hire a foreign person.
  3. If the International Office determines that an H-1B, H-1B1 (Chile & Singapore), L-1, or O-1A visa will be necessary to hire the requested foreign national, it will make available to the department
    1. A visa request packet, which will include instructions on how to assist with the completion of I-129, Part 6.  H-1B visa certifications can be processed using electronic forms circulated within the iHopkins service; completion of the certificate for other visa types covered by the I-129 are processed using other methods.  Details on this exchange of information can be found on the following OIS Web page [link needs to be provided]
  4. The department submits requested information on the prospective employee’s work, and the Export Control/Facility Security Office will determine how Part 6 of the I-129 should be answered.
  5. Department completes and submits all other forms in the visa request packet to the OIS. Visa packets will not be accepted by International Offices if they do not contain a signed copy of the Deemed Export Questionnaire.
  6. International Office will complete and submit the I-129 to the USCIS according to its existing policies and practices.



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