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Here is a new reason to reject your Form I-129 petition. Beginning from August 5th, USCIS is going to reject all the non-immigrant petitions without the primary US office address.
The part-1 of Form I-129 petition includes only the petitioner information like petitioner name, office address, contact information, etc. "Company or Organization name" field is for providing the address of your primary US office address. But, employers misinterpret this field and provide applicant's or petitioner's outside counsel or clients address. Providing this information in part-1 will outright reject your petition from 5th August.
Here Are The Instructions for Filling Form I-129 (Part-1)
- Complete the "Legal Name of Petitioner" field (if the petitioner is an individual person or a company or organization).
- For mailing address, list the address of the "petitioner's primary office" within the United States.
Being an employer, you should fill every form in accordance with DHS regulations, failure of which may result in rejection of your petition by USCIS. Employers can go through 8 CFR 103.2(a)(1) and 8 CFR 103.2(a)(7)(ii)(C) to understand the DHS regulations in filling the form. If we consider Form I-129, the following are the primary reasons for its rejection:
- Lack of signature,
- Unauthorized third party signing on behalf of the petitioner,
- Incorrect fee
Providing petitioner's or applicant's counsel or client address is now added to this list, as this information is leading to delay in processing the Form I-129. However, the rejection of Form I-129 doesn't mean a denial, you can still re-fill the form with correct information and file H-1B petition again. But, even the refilled form can sometimes be rejected, if the USCIS has already received the required number of petitions according to the Cap limit.
Hence, follow the instructions in filling the Form I-129 petition for your non-immigrant employees and reduce rejections.
