How to Correct an Error on Form I-129 After Submission?

Question from Ash, How to Correct an Error on Form I-129 After Submission?

Answer from AI:

When you’ve made an error on Form I-129, which is used for a nonimmigrant worker visa application such as the H-1B, it’s important to address the mistake promptly. The steps you can take depend on the nature of the error and the stage of the application process.

Understanding the Impact of Errors

Errors on Form I-129 can range from minor typographical mistakes to significant inaccuracies that could affect the outcome of the visa application. The impact of the error largely determines the appropriate course of action:

• Minor errors might not impact the application significantly, especially if they do not pertain to critical information such as dates, names, or eligibility criteria.
• Major errors, such as incorrect information about the petitioner or beneficiary’s qualifications, could potentially lead to a denial of the petition.

Steps to Take After Discovering an Error

1. Contact USCIS Immediately: If the error is discovered shortly after submission and before processing begins, you might be able to correct it by contacting the United States Citizenship and Immigration Services (USCIS) directly. USCIS contact information can be found on their Contact Us page.
2. Wait for a Notice: If the form has already been processed, USCIS will likely issue a Notice of Action (Form I-797). If the error is identified by USCIS, they may send a Request for Evidence (RFE) or Notice of Intent to Deny (NOID), which will give you the opportunity to correct the information.
3. File an Amended Petition: In cases where significant information was reported incorrectly, filing an amended petition might be necessary. This involves submitting a new Form I-129 with the correct information and an explanation of the changes. Note that additional fees may apply.
4. Legal Consultation: Given the complexities associated with immigration forms and the potential consequences of errors, consulting with an immigration attorney can be very beneficial. They can provide guidance specific to your case and help in communicating effectively with USCIS.

Prevent Future Errors

To avoid similar issues in the future, consider the following tips:

• Double-check all entries: Review the form multiple times before submission. It’s helpful to have another person review it as well.
• Stay updated on form requirements: USCIS occasionally updates form requirements and instructions. Always use the latest version of the form and follow the current instructions available on the USCIS Form I-129 page.
• Use professional services: Employing the services of immigration professionals can reduce the risk of errors due to their expertise and experience in handling such forms.

Remember, while minor errors might be easily rectifiable, significant inaccuracies can jeopardize the visa application process. It’s crucial to act swiftly and seek professional advice when necessary.