USCIS Direct Filing in Effect for Many Form Types

Over the last few months, U.S. Citizenship and Immigration Services (USCIS) has phased in a direct filing system for many forms. Direct filing of Form I-129 nonimmigrant worker petitions and Form I-539 applications to extend or change nonimmigrant status at the Vermont Service Center or California Service Center went into effect on April 2, 2007 and direct filing of Form I-140 immigrant worker petitions and related Form I-485 applications to adjust status to permanent residence at the Nebraska Service Center or Texas Service Center went into effect July 30, 2007. USCIS will accept I-140 and employment-based I-485 cases filed under prior procedures through August 28, 2007. Cases that are not submitted to the correct filing locations will be rejected and returned.
The new procedures also affect filing locations for Form I-907 requests for premium processing and applications for ancillary benefits related to the applications for adjustment of status (Form I-131 applications for travel documents and Form I-765 applications for employment authorization), as well as Form I-129F alien fiancé(e) petitions and Form I-360 petitions for Amerasians, widow(er)s, or special immigrants. Direct filing charts for each affected form are available on the USCIS website at http://www.uscis.gov/forms.

GEOGRAPHIC JURISDICTION OF SERVICE CENTERS UNDER THE DIRECT FILING SYSTEM

The direct filing locations are determined geographically based on the place of employment (for Forms I-129 and I-140 and accompanying Forms I-907 and/or I-539) or place of residence (for employment-based Forms I-485 and related Forms I-765 and I-131, as well as Forms I-129F). The appropriate Service Center for filing Forms I-360 depends on the type of petition submitted. There are many exceptions to the direct filing rules, discussed in detail below.

The Nebraska Service Center (NSC) and the California Service Center (CSC) have jurisdiction over the following states:

Alaska
Arizona
California
Colorado
Guam
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Michigan
Minnesota
Missouri
Montana
Nebraska
Nevada
North Dakota
Ohio
Oregon
South Dakota
Utah
Washington
Wisconsin
Wyoming

The Texas Service Center (TSC) and the Vermont Service Center (VSC) have jurisdiction over the following states:

Alabama
Arkansas
Connecticut
Delaware
District of Columbia
Florida
Georgia
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Mississippi
New Hampshire
New Jersey
New Mexico
New York
North Carolina
Oklahoma
Pennsylvania
Puerto Rico
Rhode Island
South Carolina
Tennessee
Texas
Vermont
Virginia
Virgin Islands (U.S.)
West Virginia

FILING LOCATIONS FOR FORMS I-129 AND RELATED FORMS I-907

Forms I-129 and related Forms I-907 must be filed at either the Vermont Service Center or the California Service Center. The direct filing locations for Forms I-129 are determined geographically, based on the place of employment.

Exceptions exist, however, for certain case types. Where the foreign national will be employed or trained in more than one location, the Form I-129 should be filed at the Service Center where the employer is located. The Vermont Service Center retains exclusive jurisdiction over Forms I-129 filed on behalf of major and minor league athletes and their support personnel, as well as H-1C nurses. The VSC is also the sole filing location for I-129 applications for changes of status or extensions of stay for TN, Chile/Singapore H-1B1, and Australian E-3 foreign nationals. The California Service Center is the sole location for I-129 filings on behalf of R religious workers.

Form I-907 requests for Premium Processing should be filed along with the I-129 or to the Service Center where the I-129 is pending if requesting an upgrade to Premium Processing.

FILING LOCATIONS FOR FORMS I-539

Forms I-539 must be filed at either the Vermont Service Center or the California Service Center. In most cases, filing locations for dependent spouses and children applying for a change of status as a dependent to E-1, E-2, H-4, L-2, O-3, or P-4, or for an extension of dependent E-1, E-2, H-4, L-2, O-3, P-4, or TD status are based on the filing location of the principal’s I-129. Concurrent I-129/I-539 filings should be made at the Service Center with jurisdiction over the principal’s place of employment. After-filed Forms I-539 should be submitted to the Service Center where the principal’s I-129 is pending or was approved, as appropriate.

Note, however, that there are some variations from this general rule. The Vermont Service Center has exclusive jurisdiction over I-539 filings for dependents of major and minor league baseball, hockey, soccer, basketball and football athletes and support personnel. The VSC also has exclusive jurisdiction over change of status or extension applications for TD dependents of Canadian and Mexican TN principals, H-4 dependents of Chile/Singapore H-1B1 principals, E-3 dependents of Australian E-3 principals, and dependents of H-1C nurses. The California Service Center has exclusive jurisdiction over I-539 filings for dependents of R-1 religious workers.

Form I-539 applications for changes to or extensions of other nonimmigrant statuses are filed according to the applicant’s place of residence unless otherwise indicated on the USCIS filing chart. Applications for reinstatement filed on behalf of F-1 and M-1 students are submitted to either the VSC or CSC on the basis of the location of the foreign national’s educational institution.

FILING LOCATIONS FOR FORMS I-140 AND RELATED FORMS I-907

Forms I-140 and related Forms I-907 must be filed at either the Nebraska Service Center or the Texas Service Center. The filing locations for Forms I-140 are determined geographically, based on the place of employment. Form I-907 requests for Premium Processing should be filed along with the I-140 or to the Service Center where the I-140 is pending if requesting an upgrade to Premium Processing. If the I-140 is pending at the Vermont Service Center or California Service Center, the Form I-907 should be sent to the appropriate Premium Processing addresses at those service centers.

Please note that USCIS has suspended Premium Processing of I-140s until further notice. When the USCIS announces it will resume Premium Processing of I-140s, we will issue a Client Alert.

FILING LOCATIONS FOR EMPLOYMENT-BASED FORMS I-485 AND RELATED FORMS I-131 AND I-765

Employment-based Forms I-485 and related Forms I-131 and I-765 must be filed at either the Nebraska Service Center or the Texas Service Center. The filing locations for Forms I-485 based on an underlying Form I-140, along with accompanying Forms I-131 and I-765, are determined geographically, based on the place of residence. The appropriate Service Center to filing other types of Form I-485 depends on the type of application submitted.