5 Ways To Respond To We Are Actively Reviewing Your Form I-129

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Receiving a response from U.S. Citizenship and Immigration Services (USCIS) stating that "we are actively reviewing your Form I-129" can be both reassuring and frustrating at the same time. On one hand, it indicates that your petition is being processed and considered. On the other hand, it provides little insight into the timeline or the likelihood of approval. If you're facing this situation, it's essential to understand the next steps and how to potentially expedite the process. Here are five ways to respond to this update.

Understanding the Form I-129 Review Process

Before diving into the response strategies, it's crucial to grasp the Form I-129 review process. Form I-129, also known as the Petition for a Nonimmigrant Worker, is a document submitted to USCIS by U.S. employers to sponsor foreign nationals for temporary work in the United States. The review process typically involves several stages:

1. Receipt and Initial Review: USCIS reviews the petition for completeness and ensures that all required documents and fees are included.
2. Data Entry: The petition is entered into the USCIS database, and a receipt notice is generated.
3. Adjudication: A USCIS officer reviews the petition to determine whether the beneficiary meets the eligibility requirements for the specific nonimmigrant category.
4. Approval or Denial: If the petition is approved, USCIS will issue an approval notice. If denied, the employer will receive a denial notice explaining the reasons for the denial.

Interpreting the "Actively Reviewing" Status

The "actively reviewing" status indicates that your petition has reached the adjudication stage, where a USCIS officer is evaluating the petition to determine whether it meets the eligibility requirements. This stage can take several weeks to several months, depending on the complexity of the case and the workload of the USCIS officer.

5 Ways to Respond to the "Actively Reviewing" Status

While there's no guaranteed way to expedite the review process, here are five strategies to potentially influence the outcome:

1. Submit Additional Evidence (If Necessary)

If you've received a request for evidence (RFE) or a notice of intent to deny, you should submit the requested documentation or respond to the concerns raised by USCIS. Ensure that you carefully review the request and provide all the necessary documentation to support your petition.

2. Consider Filing a Duplicate Copy of the Petition

In some cases, filing a duplicate copy of the petition may help bring attention to your case. However, this approach should be used judiciously and only if you've received no updates or communication from USCIS for an extended period.

3. Reach Out to the USCIS Contact Center

You can contact the USCIS Contact Center to inquire about the status of your petition. While they may not be able to provide detailed information, they can offer general guidance and help you understand the review process.

4. File a Service Request or Inquiry

If you've experienced significant delays or have concerns about the review process, you can submit a service request or inquiry to USCIS. This may help bring attention to your case and facilitate a resolution.

5. Consider Premium Processing (If Eligible)

If your petition is eligible for premium processing, you can pay the additional fee to expedite the review process. This option guarantees a response from USCIS within 15 calendar days.

Conclusion: Proactive Steps to Expedite the Form I-129 Review Process

While the "actively reviewing" status can be frustrating, it's essential to remain proactive and explore available options to influence the outcome. By submitting additional evidence, filing a duplicate copy of the petition, reaching out to the USCIS Contact Center, filing a service request or inquiry, or considering premium processing, you can potentially expedite the review process and increase the chances of approval.

We encourage you to share your experiences and insights on how to navigate the Form I-129 review process. Your feedback and comments can help others facing similar challenges.