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.