Sunday, August 4, 2019

Reminder: USCIS Rejecting Form I-129 Petitions That Lack Required Name and Address

Updated rejection criteria includes time-sensitive H-2A visa classification

As previously announced, on August 5, USCIS will begin rejecting Form I-129, Petition for a Nonimmigrant Worker, petitions that do not include the petitioner’s or applicant’s name and primary U.S. office address in Part 1 of the form.

USCIS will subject all requests for nonimmigrant classifications filed on Form I-129 to this rejection criteria, including the time-sensitive H-2A visa classification for temporary agricultural workers. Those completing Form I-129, including agents and preparers who are not eligible to submit or are not otherwise recognized on a valid Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, must ensure Part 1 contains the petitioner’s or applicant’s name and primary U.S. office address. USCIS recognizes that in certain circumstances, the person signing Part 8 of Form I-129 may be an employee of the petitioning entity and have the same address as that of the petitioner named in Part 1 of the form. In such a case, USCIS would not reject the Form I-129 because of the duplicate addresses.

Because of the time-sensitive nature of the H-2A visa classification in particular, we remind H-2A petitioners that failure to follow this guidance may result in rejections of their petitions, adding time to the H-2A process.

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