Effective August 5, 2019, 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 US office address in Part 1 of Form I-129. Currently, USCIS rejects Form I-129 for several reasons which may include lack of signature, incorrect fees, or unauthorized third party signing on behalf of the petitioner. USCIS notes: “DHS regulations require every form to be submitted in accordance with the form instructions, and allow USCIS to reject any benefit request that is not filed in compliance with the regulations governing the specific benefit request.”
USCIS notes that the petitioner’s or applicant’s primary US office address in Part 1 of Form I-129 must not be the address of the petitioner’s or applicant’s outside counsel or clients. Additionally, the agency notes that failure to include the petitioner’s or applicant’s name or providing the address of the petitioner’s or applicant’s outside counsel or clients in Part 1 “creates unnecessary delays in the adjudication of Form I-129 and may result in its rejection.” The address is essential since, in many cases, the petitioner’s or applicant’s primary US office address determines the filing location.
If an I-129 petition is rejected due to missing information, petitions in general can be refiled with the necessary information and appropriate fee; however, there are times when a refiled petition or application 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.'“