Nebraska Service Center Will Begin Accepting Certain I-129 H-1B and H-1B1 Extension Petitions on July 1

Effective July 1, 2016, the Nebraska Service Center (NSC) will begin accepting certain Form I-129 H-1B and H-1B1 (Chile/Singapore Free Trade) extension petitions if the petitioner is requesting an extension with the same employer (on the Form I-129, the box is listed as: “Continuation of previously approved employment without change with the same employer”) with one of the following requested actions: 

•  Notify the office in Part 4 so the beneficiary can obtain a visa or be admitted;  
•  Extend the stay of the beneficiary because the beneficiary now holds this status; or
•  Extend the status of a nonimmigrant classification based on a free trade agreement.

The NSC will also accept the following forms filed concurrently with these I-129 extensions:

•  H-4 Form I-539, Application to Extend/Change Nonimmigrant Status, and
•  Form I-765, Application for Employment Authorization, for certain H-4 nonimmigrants.

Those filing a standalone Form I-539 and/or Form I-765 for H-4 nonimmigrants should refer to the direct filing addresses for Form I-539 and Form I-765.

Although not currently listed on the Direct Filing Addresses for Form I-129—we imagine it will be updated closer to the July 1 date—the NSC addresses are:  

For US Postal Mail Service:

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

For Fed-Ex, UPS, etc:

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

In their press release, USCIS does not comment specifically on whether premium processing will be available for these petitions, though it is possible that it will be, as NSC does have a Premium Processing Unit that adjudicates I-140 petitions.

USCIS states that the California Service Center (CSC) and the Vermont Service Center (VSC) “may” continue to accept I-129 H-1B and H-1B1 extension petitions during the transition period, which ends August 31, 2016. With this linguistic uncertainty, it may be best to submit the relevant H-1B and H-1B1 extension petitions to the NSC to avoid any possible processing delays. While USCIS has not commented specifically on why this change is made, generally when a service center begins accepting new petitions or applications the intent is to free up other service centers and decrease processing times. The Vermont Service Center is currently processing H-1B extensions received August 31, 2015, which translates to approximately a very significant ten-month delay.

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. Regardless of work locations, petitioners should always send the following types of petitions to the CSC:

• H-2A;
• R-1;
• H-1B petitions where the employer is statutorily exempt from the cap; or
• E-1 and E-2, petitions for extension of stay or change of status only.

Moreover, regardless of work locations, petitioners should always send the following types of petitions to the VSC:

• H-1C;
• E-3, Petitions for extension of stay or change of status only;
• Free Trade Nonimmigrants (H-1B1 aliens from Chile/Singapore and TN aliens from Canada or Mexico), petitions for extension of stay or change of status only;
• P-1, Major League Sports Organizations.

DHS Enhances Opportunities for H-1B1, E-3, CW-1 Nonimmigrants, and Certain EB-1 Immigrants

The Department of Homeland Security (DHS) is revising its regulations affecting highly skilled workers in specialty occupations from Chile and Singapore (H-1B1), Australia (E-3), nonimmigrant workers in the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) classification, as well as immigrants in the employment-based first preference (EB-1) category for outstanding professors and researchers. Effective February 16, 2016, the amendments will benefit these H-1B1, E-3, and CW-1 nonimmigrant workers as well as EB-1 professors and researchers by “removing unnecessary hurdles that place such workers at a disadvantage when compared to similarly situated workers in other visa classifications.”

Specifically, the amended regulations will:

• Include H-1B1 and principal E-3 classifications in the list of classes of foreign nationals authorized for employment incident to status with a specific employer (as is the case with L-1, O-1, and H-1B classifications, for example), and clarify that H-1B1 and principal E-3 nonimmigrants are permitted to work without having to separately apply to DHS for employment authorization, codifying the standard practice;
• Authorize H-1B1, principal E-3 nonimmigrants, and CW-1 nonimmigrants for continued employment for up to 240 days with the same employer if the employer has timely filed for an extension of stay with US Citizenship & Immigration Services (USCIS), a move that will greatly benefit nonimmigrant workers in the US under those statuses;
• Update filing procedure regulations for extensions of stay and change of status requests to include the principal E-3 and H-1B1 nonimmigrant classifications to harmonize with current published UCSIS instructions; and
• Expand the current list of acceptable initial evidence for EB-1 outstanding professors and researchers to allow petitioners to submit “comparable” evidence, such as important patents or prestigious peer-reviewed funding grants, to prove that the researcher or professor is recognized internationally as outstanding in their academic field.

With these changes, DHS intends to “harmonize the regulations governing these classifications” to address discrepancies, all with the end goal of ensuring productivity and efficiency for employers as well as providing benefits to foreign national employees, such as preventing lost wages. Additionally, DHS hopes that expanding the range of evidence that employers may provide for EB-1 outstanding professors and researchers may result in more effective and wide-ranging recruitment. The final rule change, which was not substantially revised since being submitted to the public for comment, does not impose any additional costs on employers, workers, or any governmental agencies. The majority of public comments supported the rule change, and the published rule reviews them in detail, for those curious.

In the end, DHS states: “Attracting and retaining highly skilled workers is critical to sustaining our Nation's global competitiveness. By attracting the best and brightest from around the world, the United States can harness their talents, skills, and ideas to help the U.S. economy grow.”

Oh to be Australian, Canadian, Mexican, Chilean, or Singaporean

The H-1B is one of the most common visa categories that foreign nationals utilize to come to the United States to work for a US employer in a professional position.  The H-1B, however, is limited by Congress at an annual cap each year. Currently there are 65,000 H-1B visas available for those with a bachelor’s degree (or the equivalent) with an extra 20,000 set aside for those with a US master’s degree. Since it’s one of the most popular visa options, it is common for more people to apply than there are numbers available. This has resulted in an annual lottery of H-1B petitions. In previous years, the lottery pool has included petitions submitted on the first five business days the numbers become available (which is April 1st each year).  Of course, this often means that unless a foreign national is one of the lucky people to “win” one of the allotted H-1B numbers, she/he must wait and submit a new H-1B petition when the next year’s numbers become available. There are, however, special exemptions to the cap number as well as H-1B-like visa options for certain foreign nationals, namely those whose country of citizenship is Australia, Canada, Mexico, Chile, or Singapore. I examine these exemptions and options in the chart below (click on chart to open in PDF):

Through all the differences between the various visa categories, one thing is certain: it is good to be from a country that allows you options should an H-1B number not be available. In fact, depending on the situation, these may be even better options than the H-1B.