Beginning August 5, 2019, USCIS will start rejecting Form I-129, Petition for a non-immigrant worker which lacks the petitioner’s primary U.S. office address. USCIS currently rejects Form I-129 based on several reasons which includes but are not limited to: lack of signature, incorrect fees, unauthorized third party signing on behalf of the petitioner.

Part 1 of Form I-129 requires the petitioner’s primary U.S. address. In many circumstances this address determines the filing jurisdiction. It is notable that the petitioner’s primary U.S. office address must not be the address of petitioner’s outside counsel or client. Failure to include the petitioner’s name or address will create unnecessary delays in the adjudication of the Form and may result in its rejection.

Every form submitted to USCIS should follow the DHS regulations in accordance with the form instructions and allow the USCIS to reject those forms that is not filed in compliance with the regulations governing the specific benefit request. (See 8 CFR 103.2 (a) (1) and 8 CFR 103.2(a) (7) (ii) (C)).

Primary U.S. address mentioned under Part 1 is critical in determining the filing jurisdiction. USCIS generally rejects petition which carries missing information allowing petitioners to refile them with the required information and fee. While the rejection reason(s) can be cured in some cases without consequences, such is not the case with cap-subject petitions. Re-submission to USCIS would not be possible as the filing window is a narrow 5 business days. At GLF, we always pay extra attention in our reviews to these sorts of issues. Our robust databases and Case Management Software ensures that filings done through GLF does not have such issues.

At GLF will continue to follow further developments in this matter and we will provide updates through our Newsletter as and when they become available.

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