On September 1, 2019, the United States Citizenship and Immigration Services (USCIS) changed the direct filing addresses for certain petitioners filing Form I-129 cap-exempt H1B petitions [PDF version]. The affected categories of cap-exempt H1B petitions are as follows:
Continuing previously approved employment from the same employer;
Changing previously approved employment;
New concurrent employment;
Changing an employer;
Changing status to H-1B;
Notifying a U.S. consulate, port of entry, or pre-flight inspection; or
Amending a petition.
Excluded from the list are H1B petitions filed by cap-exempt petitioners or for cap exempt entities, petitions that are cap-exempt based on a Conrad or Interested Government Agency waiver, and H1B petitions filed in cases where the employer is located in Guam or the petition beneficiary will be performing services in Guam (this also excludes all H1B1, H1B2, and H1B3 petitions).
The proper filing address for am H1B petition depends on the type of petition involved and where the petitioner’s primary office is located. Petitioners should ensure, prior to filing Form I-129 for an H1B beneficiary, that they are using the most current filing address. The USCIS advises that beginning on October 1, 2019, it may begin rejecting Form I-129 cap-exempt petitions filed with the wrong address. The USCIS posts and updates the most current filing address information at www.uscis.gov/i-129-addresses.
