USCIS Issues New I-129 Rejection Criteria

The United States Citizenship and Immigration Services (USCIS) has issued new guidance regarding rejection criteria for the petition for a nonimmigrant worker (form I-129). Beginning August 5, 2019, the USCIS will reject any petition that does not include the petitioner’s name and primary U.S. office address in Part 1 of the I-129. This means that Part 1, Item 3 and either Item 1 for an individual petitioner or Item 2 for a petitioning company must be completed in order for the USCIS to accept and process the I-129. The USCIS has stated that this new requirement is important, because the physical location of the petitioner determines the appropriate service center to process the form.

Completing the I-129 for an H1B or other nonimmigrant worker can be a daunting and complex task. The USCIS already rejects I-129s for a variety of reasons, including missing signatures, incorrect fees, or unauthorized third parties signing on behalf of the petitioner. Rejected petitions can usually be refiled, but delays can result in lapses of status or the filling up of cap slots for first-time H1B filings. Always be sure to take care when completing the form and consult an attorney if you have questions and concerns.


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