Introduction
On June 4, 2019, the United States Citizenship and Immigration Services (USCIS) announced that it was updating the rejection criteria for the Form I-129, Petition for a Nonimmigrant Worker [PDF version]. We address the new policy in this article.
Beginning on August 5, 2019, the USCIS will begin rejecting any Form I-129 petition that does not include the petitioner’s or applicant’s name and primary U.S. office address in Part 1 of the Form I-129.
Background
The USCIS already had several criteria for rejecting Form I-129 petitions. “These include, but are not limited to, lack of signature, incorrect fees, or unauthorized third party signing on behalf of the petitioner.”
Under Department of Homeland Security (DHS) regulations found at 8 C.F.R. 103.2(a)(1) and 103.2(a)(7)(ii)(C), every form must be submitted in accordance with form instructions. The regulations give the USCIS — which is a component of DHS — the authority to reject any benefit request that is not filed in compliance with the regulations governing the request.
Further Explanation of New Policy
The USCIS further explained the petitioner’s/applicant’s name and primary U.S. office address requirement.
The USCIS explained that “[t]he petitioner’s or applicant’s primary U.S. office address in Part 1 of the Form I-129 must not be the address of the petitioner’s or applicant’s outside counsel or client’s.” The USCIS added that the failure to include the petitioner’s or applicant’s name or instead providing the petitioner’s or applicant’s outside counsel’s or clients’ address in Part 1 of the Form I-129 “creates unnecessary delays in the adjudication of Form I-129 and may result in its rejection.”
The USCIS excerpted the pertinent portion of the Instructions for the Form I-129:
Petitioner Information
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.
The USCIS explained that “[i]n many instances, the petitioner’s or applicant’s primary U.S. office address will determine the filing jurisdiction.” The USCIS includes information about direct filing addresses for the Form I-129 on its website, copied here for your convenience (captured on June 4, 2019) [PDF version].
Refiling Rejected Form I-129 Petitions
In most cases, a Form I-129 petition that is rejected for missing information can be refiled with the required information and proper fee. However, if the refiled petition would be rejected, “such as when a statutory cap-subject petition is resubmitted after USCIS has received a sufficient number of petitions projected as needed to reach the congressionally mandated numerical limit,” then it cannot be refiled.
Conclusion
The USCIS’s new rejection criteria do not change the substantive requirements for the Form I-129. Instead, it changes the consequences of filing a Form I-129 without properly completing Part 1 of the Form I-129. That USCIS will now reject Form I-129 petitions lacking the proper information in Part 1 makes it all the more important for petitioners to carefully follow the form instructions and properly complete the Form I-129. This is especially important in nonimmigrant work visa categories subject to a cap, such as the H1 categories, since those petitions will likely not be able to be refiled before the requisite congressional cap is reached.
In general, petitioners and applicants should consult with an experienced immigration attorney when guidance is needed on matters relating to the requirements for a particular nonimmigrant category, including properly filling out the Form I-129. When completing the Form I-129 or any other immigration form, it is imperative for petitioners and applicants to use the current version of the form, carefully follow the corresponding form instructions, and complete each and every required field.
To learn more about categories of petitions affected by the new policy, please see our website’s section on Work Visas [see category].
