USCIS Redesigns and Proposes Revisions on Form I-129 – Public Comment Period Open

USCIS has circulated a proposed draft of a redesigned and revised Form I-129 and has opened a public comment period on the proposed changes.   The new form features a new design layout where most of the questions are the same but laid out slightly differently.   There are some changes to the wording of some questions, but there are also some notable substantive changes on the form which may impact a number of I-129 filers.   Specifically, one of the substantive changes on the form may impact notably beneficiaries who have certain ownership interest in the sponsoring employer.

Overview of Proposed Substantive Form I-129 Changes

DUNS Number.   The I-129 form now asks for a company’s DUNS number (more info)– we believe this field was added to allow USCIS to do better VIBE system checks on a petitioner’s existence.

Ownership Interest.   The form now asks whether the beneficiary has any ownership interest in the petitioning employer and if the answer is “Yes,” the form asks for details of the beneficiary’s ownership interest.    This is a new field and we believe it was added to allow USCIS to test the “employer-employee relationship” for many employers where the beneficiary has some ownership interest.   This can be a significant issue for startups and entrepreneurs who have secured H-1B visa (for example) to allow them to work for their own company.     Our office has dealt with this issue on numerous occasions and we see continued headwinds for entrepreneurs to obtain H-1B petition approval when the entrepreneur is a significant owner of the employer.       Our office also has an upcoming webinar on entrepreneurs and H-1B.

Attorney Attestation.   The form expands the attorney attestation section with respect to the accuracy and the quality of the information submitted on the form.

Conclusion

The public comment period ends on November 25, 2013 so we encourage anyone who wants to comment on the proposed Form I-129 revision to do so.     We would continue monitoring this subject and provide updates to our clients and readers.   Please do not hesitate to contact us if we can help you.   Also, please visit us again or subscribe to our free weekly newsletter to ensure that you obtain related immigration-related news and announcements.