USCIS Service Center Jurisdiction
Form I-129 and Form I-539 Filings
On March 5, 2007, United States Citizenship and Immigration Services ("USCIS") announced new direct filing instructions for Form I-129 (Petition for Nonimmigrant Worker) and Form I-539 (Application to Change/Extend Nonimmigrant Status) filings. According to these new instructions, as of April 2, 2007, all Forms I-129 and I-539 must be filed directly with the California Service Center or the Vermont Service Center, whichever is applicable. USCIS will accept Forms I-129 and I-539 filed in accordance with the old filing instructions only until April 16, 2007. The filing charts for both Form I-129 and Form I-539 may be accessed at this website. However, they are summarized below:
Form I-129
General Rule
If the beneficiary will work temporarily in 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, or Wyoming, the petitioner must file Form I-129 with the California Service Center.
If the beneficiary will work temporarily in Alabama, Arkansas, Connecticut, Delaware, the 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, U.S. Virgin Islands, or West Virginia, the petitioner must file Form I-129 with the Vermont Service Center.
Exceptions
More than One Location: Where the temporary employment or training will be in different locations, the petitioner must file Form I-129 with the Service Center having jurisdiction over the state where the petitioner is located.
H-1C Classification: Form I-129 filings for H-1C nurses should be filed with the Vermont Service Center, regardless of where the H-1C nurse will be employed.
R Classification: Form I-129 filings for R temporary religious workers should be filed with the California Service Center, regardless of where the R worker will be employed.
Major League Sports Athletes and Support Personnel: Form I-129 filings for major league athletes, minor league sports, and any affiliates associated with the major leagues in baseball, hockey, soccer, basketball, and football should be filed with the Vermont Service Center, regardless of the place of temporary employment. Support personnel includes coaches, trainers, broadcasters, referees, linesmen, umpires, and interpreters.
Change of Status or Extension of Stay Under Certain Free Trade Agreements: The following Form I-129 petitions must be filed with the Vermont Service Center, regardless of the place of temporary employment:
- Change of status or extension of stay for TN for nationals of Canada or Mexico;
- Change of status or extension of stay for H-1B1 for nationals of Singapore or Chile; and
- Change of status or extension of stay for E-3 for nationals of Australia.
Form I-539
General Rule
Dependent spouses or children applying for a change of status as a dependent to E-1 dependent, E-2 dependent, H-4, L-2, O-3, P-4, or for an extension of E-1 (dependent), E-2 (dependent), H-4, L-2, O-3, or P-4 should file their Form I-539 as follows:
- If filing at the same time as the principal alien, Form I-539 should be submitted together with the principal alien's Form I-129 as part of the same package. The entire Form I-129/I-539 package should be sent to the appropriate Form I-129 filing location.
- If the principal alien's petition and change of status are pending, Form I-539 should be submitted to the same Service Center where the Form I-129 filed for the principal alien is pending.
- If the principal alien's petition and change of status have been approved, Form I-539 should be submitted to the same Service Center that approved the principal alien's Form I-129 and change of status or extension request.
This rule also includes extensions of stay for dependents in TD status but this is dealt with as one of the exceptions described below so it is probably an error. In any event, both the general rule and exception described below require a TD extension to be filed with the Vermont Service Center.
Aliens in any other nonimmigrant status that is not listed in the exceptions described below who are applying for a change of status or extension of stay should file their Form I-539 as follows:
- Form I-539 should be filed with the California Service Center if the alien lives in 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, or Wyoming.
- Form I-539 should be filed with the Vermont Service Center if the alien lives in Alabama, Arkansas, Connecticut, Delaware, the 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, U.S. Virgin Islands, or West Virginia.
F-1 or M-1 students who are applying for reinstatement should file Form I-539 as follows:
- Form I-539 should be filed with the California Service Center if the educational institution is located in 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, or Wyoming.
- Form I-539 should be filed with the Vermont Service Center if the educational institution is located in Alabama, Arkansas, Connecticut, Delaware, the 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, U.S. Virgin Islands, or West Virginia.
Exceptions
R-2 Religious Worker Dependents: R-2 dependents must file Form I-539 with the California Service Center, regardless of where the principal alien is or will be employed.
H-1C Dependents: Dependents of H-1C nurses must file Form I-539 with the Vermont Service Center, regardless of where the principal alien is or will be employed.
Dependents of Certain Free Trade Agreements: The following Form I-539s must be filed with the Vermont Service Center, regardless of the place of temporary employment:
- Change of status or extension of stay for TD dependent of a TN (nationals of Canada or Mexico);
- Change of status or extension of stay for H-4 dependent of an H-1B1 (nationals of Singapore or Chile); and
- Change of status or extension of stay for E-3 dependent of an E-3 (nationals of Australia).
Dependents of Major League Sports Athletes or Support Personnel: Such dependents must file Form I-539 with the Vermont Service Center. This covers major league athletes, minor league sports, and any affiliates associated with the major leagues in baseball, hockey, soccer, basketball, and football. Support personnel includes coaches, trainers, broadcasters, referees, linesmen, umpires, and interpreters.
A, G, and NATO: Specific filing rules apply to change of status or extension requests to A, G, or NATO classifications (including dependents of such aliens). Please refer to the Form I-539 filing chart for additional information.
V Nonimmigrants: V nonimmigrants should follow the filing instructions on Form I-539, Supplement A.
Form I-140 Filings
Since April 1, 2006, employers filing Form I-140 (Immigrant Petition for an Alien Worker) have been required to submit the petition directly with the Nebraska Service Center.
Service Center Jurisdiction Where None of the Above Rules Apply
Service Center jurisdiction is generally based on the address of the applicant or petitioner. In the case of a petition for a foreign worker, jurisdiction is based on the address of the intended place of employment. In the case of a family-based petition, jurisdiction is based on the residence of the petitioner. If a petitioner is a U.S. citizen or a permanent resident stationed outside the United States on government business either civilian or military), his or her home of record in the United States is used to determine jurisdiction.
| State | Service Center |
| Alabama | Texas |
| Alaska | Nebraska |
| Arizona | California |
| Arkansas | Texas |
| California | California |
| Colorado | Nebraska |
| Connecticut | Vermont |
| Delaware | Vermont |
| District of Columbia | Vermont |
| Florida | Texas |
| Georgia | Texas |
| Guam | California |
| Hawaii | California |
| Idaho | Nebraska |
| Illinois | Nebraska |
| Indiana | Nebraska |
| Iowa | Nebraska |
| Kansas | Nebraska |
| Kentucky | Texas |
| Louisiana | Texas |
| Maine | Vermont |
| Maryland | Vermont |
| Massachusetts | Vermont |
| Michigan | Nebraska |
| Minnesota | Nebraska |
| Mississippi | Texas |
| Missouri | Nebraska |
| Montana | Nebraska |
| Nebraska | Nebraska |
| Nevada | California |
| New Hampshire | Vermont |
| New Jersey | Vermont |
| New Mexico | Texas |
| New York | Vermont |
| North Carolina | Texas |
| North Dakota | Nebraska |
| Ohio | Nebraska |
| Oklahoma | Texas |
| Oregon | Nebraska |
| Pennsylvania | Vermont |
| Puerto Rico | Vermont |
| Rhode Island | Vermont |
| South Carolina | Texas |
| South Dakota | Nebraska |
| Tennessee | Texas |
| Texas | Texas |
| Utah | Nebraska |
| Vermont | Vermont |
| Virginia | Vermont |
| Virgin Islands | Vermont |
| Washington | Nebraska |
| West Virginia | Vermont |
| Wisconsin | Nebraska |
| Wyoming | Nebraska |
| Reentry Permits | Nebraska |
| LIFE Legalization | National Benefits Center (I-765 and I-131 only) |
| K-3 Petitions | National Benefits Center |
| V Petitions | National Benefits Center |
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