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WASHINGTON – U.S. Citizenship
and Immigration Services (USCIS) announced today a new customer service initiative
to streamline the adjudication of H-1B petitions. Effective today, USCIS will employ
a special unit dedicated to processing these types of H-1B cap exempt petitions
at the USCIS California Service Center (CSC). Aliens employed by certain types
of educational, nonprofit or governmental organizations, as defined below
(normally referred to as “cap exempt,” aliens employed by such entities
are not subject to the H-1B numerical limitations). See section 214(g)(5)
(a) and (b) of the Immigration and Nationality Act (INA); and 8 CFR 214.2 (h)(8)(A).
H-1B “cap exempt” petitions, as referenced here, include petitions filed by:
- Institutions of higher education, as defined in section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a);
- NNonprofit research organizations or governmental research organizations, as defined in 8 CFR 214.2(h)(19)(iii)(C
- Allow current H-2B workers to change or add employers and extend their stay.
Such institutions and organizations can indicate that their H-1B filing is cap exempt by marking Form I-129 (Petition of Non-Immigrant Worker) with a “yes” answer to questions 1, 2, or 3 in Part C of the H-1B Data Collection and Filing Fee Exemption Supplement (page 10).
H-1B petitioners are now encouraged to use the following special mailing address for qualifying H-1B cap exempt petitions. To determine if your petition qualifies, please make sure your institution or organization fits one of the categories listed above.
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