When filing an H-1B petition, U.S. employers must carefully comply with all regulatory requirements regarding the beneficiary’s work location. You must provide a legitimate, verifiable physical office location.
The Case: Matter of A-N- Inc.
In Matter of A-N- Inc., USCIS revoked the approval of an H-1B petition after discovering significant discrepancies about the petitioner’s claimed office space. The employer, a software company, sought to employ a foreign worker as an information technology specialist. However, during the adjudication and subsequent site visits, multiple issues arose concerning the company’s physical presence.
The P.O. Box and Physical Presence Problem
- LCA Instructions: The Labor Condition Application (LCA) requires employers to specify a physical location for the beneficiary’s worksite. The instructions explicitly state that the address cannot be a P.O. Box.
- Site Visits: USCIS inspectors visited the Illinois address listed in the petition and discovered that the petitioner was not a tenant, and the beneficiary was not working at that location.
- Residential Address Issues: Public records showed that one of the petitioner’s claimed business addresses was a single-family home, raising questions about zoning, business operations, and compliance with local laws.
- Inconsistent Evidence: The petitioner provided conflicting information regarding whether the employee would work off-site and the timing of the supposed office moves. These contradictions undermined credibility.
Why This Matters
USCIS determined that the petitioner failed to demonstrate a legitimate physical work location for the H-1B employee. Because inaccurate or misleading statements were made on Form I-129 and supporting documents, the agency revoked the petition. This case underscores two critical principles:
- No P.O. Boxes: Employers must list a valid physical office address on the LCA and H-1B petition. Mail drops, P.O. Boxes, or vague addresses do not satisfy the regulatory requirements.
- Consistency and Documentation: Employers must provide consistent, objective evidence of business operations and the actual worksite. Discrepancies in addresses, conflicting statements, or reliance on residential locations without proof of business use can lead to denial or revocation.
Practical Takeaways for Employers
- Always provide a verifiable, physical office address on H-1B petitions and LCAs.
- Ensure that your business operations align with the information reported to USCIS and the Department of Labor.
- Maintain proper documentation, including leases, utility bills, or business licenses, to confirm your physical presence.
- Do not rely on P.O. Boxes, shared office addresses, or residential properties without adequate evidence of legitimate business activity.
Conclusion
The Matter of A-N- Inc. decision makes clear that employers must take physical presence requirements seriously. Using a P.O. Box or providing inconsistent address information can jeopardize an H-1B petition and may result in its revocation. By ensuring accurate filings and maintaining a legitimate business location, employers can avoid costly delays and adverse decisions.
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JEREMY L. RICHARDS is the founding partner of Richards and Jurusik and has dedicated his career to U.S. immigration law, with a specialized focus on assisting Canadian and Mexican citizens under the United States-Mexico-Canada Agreement (USMCA) to work and live in the United States. (Full Bio)
