USCIS Changing Filing Location for Some H-1Bs

UnknownUSCIS just yesterday issued the following press release relating to where to file certain H-1Bs:

On July 1, 2016, the Nebraska Service Center (NSC) will begin accepting Form I-129 for H-1B and H-1B1 (Chile/Singapore Free Trade) petitions if the petitioner requests a “Continuation of previously approved employment without change with the same employer” (Box b. on Part 2, Question 2, Page 2 of the current Form I-129) with a requested action in Question 4 to:

  • Notify the office in Part 4 so the beneficiary can obtain a visa or be admitted. (Box a. on Part 2, Question 4, Page 2 of the current Form I-129);
  • Extend the stay of the beneficiary because the beneficiary now holds this status. (Box c. on Part 2, Question 4, Page 2 of the current Form I-129); or
  • Extend the status of a nonimmigrant classification based on a free trade agreement. (Box e. on Part 2, Question 4, Page 2 of the current Form I-129)

The NSC will also accept any:

If you are filing a standalone Form I-539 and/or Form I-765 for H-4 nonimmigrants, please refer to the Filing Addresses for Form I-539 page or the Direct Filing Addresses for Form I-765 page for proper filing addresses.

The California Service Center (CSC) and the Vermont Service Center (VSC) may continue to accept these petitions during the transition period, which ends Aug. 31, 2016.

These petitions should be mailed to:

USPS Mail: Courier (FedEx, UPS, etc.) Mail:
USCIS

Nebraska Service Center
PO Box 87129
Lincoln, NE 68501-7129

USCIS

Nebraska Service Center
850 ‘S’ Street
Lincoln, NE 68508

Petitioners should continue to file all other H-1B/H-1B1 petitions with the CSC and the VSC based on the instructions on the Direct Filing Addresses for Form I-129 page.

Additionally, petitioners who are statutorily exempt from the H-1B numerical limitation, or are filing a cap-exempt petition to employ the beneficiary at an institution of higher education, nonprofit entity related to or affiliated with an institution of higher education, a nonprofit research organization, and/or a governmental research organization should continue to file their H-1B cap-exempt petitions with the CSC.

To summarize, just H-1B’s in which the petitioner is asking for “Continuation of previously approved employment without change with the same employer” will be sent to Nebraska.  All other H-1Bs will be filed as normal.  This goes into effect on July 1, 2016, but the Vermont and California service centers will also accept these applications through August 31, 2016.

If you have any questions leave a comment below or send me an email.  Please remember, as always, this blog does not offer legal advice. If you need legal advice, consult with a lawyer instead of a blog. Thank you.

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