What is the impact of an employer’s address change on an H1-B petition?
An H1-B visa allows foreign workers with specific skills and qualifications to work in the United States for up to six years. The employer sponsors the H1-B visa, and the employer’s address is essential to the petition process.
What are the different scenarios of employer’s change issue?
There can be a scenario where the petitioner or the employer has inputted the wrong address at the time of filing the H1-B registration, or the employer’s address has changed at the time of filing the H1-B petition. In either of the scenarios, the employer’s address is bound to be different from the one that is part of the I-129 form, which is an essential document of the H1-B petition process.
What is the impact?
The difference in the employer’s address in H1-B registration and petition might not significantly impact the petition. It will not lead to any denials but might make the petition process complex and time-consuming. The USCIS can still consider the difference as an issue as it can act as evidence for misrepresentation.
Another concern is that the change of address may affect the employee’s ability to continue working for the employer. For example, if the new location is in a different state, the employee may need to apply for a new state license or certification to continue working in their field.
What things do employers need to keep in mind to address the issue?
As an employer one faces an issue like this in the H1-B cap season 2024, they should prepare themselves with the following:
- A proper explanatory note can provide USCIS with an explanation about the difference in the address in the registration and petition.
- Additional address proofs to support the address differential, like the Federal ID number and FEIN document with the new address.
- A document of good standing
The whole idea is that the employer needs to show enough evidence that the new address in the H1-B petition is correct.
In conclusion, we can say that the address differential between the registration and petition is not a big issue, and there is less probability that USCIS will consider this as a reason for petition denial; still, the employer needs to be proactive if there is an issue like this. Additionally, keeping in mind the complexity of the H1-B cap season filing process, it is always recommended to take the support of an immigration lawyer to improve your chances.
