Nebraska Service Center now accepting some H-1B extension requests

Effective July 1, 2016, the Nebraska Service Center ("NSC") has begun accepting certain types of H-1B and H-1B1 (Chile / Singapore Free Trade) petitions. Employers may file H-1B and H-1B1 petitions with the NSC where they are requesting a "continuation of previously approved employment without change of the same employer" (per Part 2, Question 2, Box b. on Form I-129) and if the employer is requesting an extension of the beneficiary's current H-1B or H-1B1 status or notification of a consular office or port of entry (per Part 2, Question 4, boxes a., c., or e.). The NSC will also accept any concurrently filed H-4 Form I-539 Applications to Exchange/Change Nonimmigrant Status and any I-765 Application for Employment Authorization for eligible H-4 spouses.

The alert from USCIS, issued on June 1, 2016, indicates the California Service Center ("CSC") and the Vermont Service Center ("VSC") may continue to accept H-1B and H-1B1 petitions during this transition period, which ends August 31, 2016. Cap-exempt employers should continue to file their H-1B petitions with the CSC, and petitioners requesting premium processing should continue to file their H-1B petitions with either the CSC or the VSC according to the Form I-129 Direct Filing Addresses page until further notice.

USCIS transfers cases in an effort to address processing delays

Responding to the need to develop more streamlined processing of various applications and petitions and decrease processing times, USCIS announced a series of case transfers in March. As of March 28, 2016, the Potomac Service Center will process all I-765 Applications for Employment Authorization filed by F-1 and M-1 students seeking Optional Practical Training. All such applications will be marked with the prefix "YSC" to note that the application is at the Potomac Service Center.

The Vermont Service Center ("VSC") has begun to transfer some H-1B and H-4 cases to the Nebraska Service Center ("NSC"). Specifically, the VSC will transfer certain Form I-129 Petitions for Nonimmigrant Workers for petitioners requesting H-1B classification, Form I-539 Applications to Extend/Change status for H-4 classification, and Form I-765, Applications for Employment Authorization for H-4 eligible dependents. Petitioners should refer to the form instructions and the filing addresses listed on the USCIS website and, when applicable, continue to file petitions with the VSC. The VSC will then decide which cases to transfer to the NSC.  In cases where an I-129 is transferred to the NSC, any Form I-907 upgrade for premium processing should be sent to the NSC.

Similarly, USCIS may transfer certain L-1 and L-2 cases from the VSC to the California Service Center ("CSC"). The processes affected for L-1 and L-2 beneficiaries will include certain I-129, I-539 and I-765 applications. Petitioners should still refer to the form instructions and the filing addresses listed on the USCIS website and, when applicable, continue to file petitions with the VSC. In cases where an I-129 is transferred to the CSC, any form I-907 upgrade for premium processing should be sent to the CSC. For more details and to review the official press releases, please visit USCIS's website's News and Alerts section and click the links for the alerts from March 29, 2016.