USCIS Update on Filing Procedures for Forms I-129 and I-539
Posted Mar 16, 2007
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The U.S. Citizenship and Immigration Services (USCIS) recently announced new direct filing instructions for Forms I-129 and I-539. The new direct filing procedures will go into effect on April 2, 2007. The change in filing procedures is intended to streamline the process and avoid transfer of applications and petitions from one USCIS service center to another. The Form I-129 is used for a number of employment-based nonimmigrant petitions, including: H-1, H-3, L-1, O-1, P-1, P-2, P-3, and extensions of E-1, E-2, TN, and R. The Form I-539 is used for extensions and/or changes of nonimmigrant status, such as for B-1/B-2 visitors and dependant, nonimmigrant family members, such as H-4 and L-2.
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Bi-Specialization
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Forms I-129 and I-539 are among a variety of immigration forms that were transitioned into the bi-specialization system on April 1, 2006. This transition was reported in our March 31, 2006 MurthyBulletin article, USCIS Begins Bi-Specialization April 1, 2006, available on MurthyDotCom.
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Under the current bi-specialization system, the work of processing and adjudicating immigration petitions is divided by type and handled between two "sister" service centers. The California Service Center (CSC) is paired with the Vermont Service Center (VSC); the Nebraska Service Center (NSC) is paired with the Texas Service Center (TSC). The process has been to require that all filings be made at either the VSC or the NSC, and then have the cases allocated and routed internally to the respective sister center, if needed. The new bi-specialization initiative is intended to streamline this process and avoid case transfer.
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Direct Filing Requirements
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As of April 2, 2007, all Forms I-129 and I-539 are to be filed directly with one of two service centers - CSC or VSC. The USCIS WebSite has specified I-129 Filing Locations and I-539 Filing Locations, based on the place of temporary employment or place of residence.
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Employers seeking Premium Processing must also file a Request for Premium Processing Services on Form I-907. There are specific instructions as to where to send cases requesting Premium Processing, within the specific service center.
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What is New under Direct Filing
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Once the appropriate service center receives an application or petition, it will generate the receipt notice and complete the adjudication. It is expected that this process will make it much easier for petitioners and applicants to obtain information on their cases, as they will be pending with the service center at which they were initially filed.
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Earlier Service Center Address on Documents
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The USCIS has expressed understanding that the new direct filing requirements may create a significant burden on petitioners and applicants if they have already prepared their filings. Therefore, it will accept filings sent on or after April 2, 2007, to a new filing location with the old service center address indicated on letterhead and/or supporting documents.
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Filing at the Wrong Location
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All Forms I-129 and I-539 will be accepted at the old filing location until April 16, 2007. Starting April 17, 2007, all filings received at the old filing location will be rejected and returned to the petitioner or applicant with instructions for proper filing. While it is always important to be aware of procedural changes, this is particularly important for cases with deadlines, including H1B cap-subject cases.