Mark A Ivener, A Law Corporation

USCIS Announces Centralized Filing Location for H-1B Cap Exempt Petitioners


U.S. Citizenship and Immigration Services (USCIS) announced a centralized filing location for H-1B “cap exempt” petitioners, which includes petitions filed by institutions of higher education and nonprofit organizations or entities related to or affiliated with such institutions, and nonprofit research organizations or governmental research organizations. The mailing addresses are:

For direct mail:

U.S. Citizenship and Immigration Services?

    California Service Center?
    Attn: CAP EXEMPT H-1B Processing Unit?
    P.O. BOX 30040?
    Laguna Niguel, CA 92607-3004

For non-U.S. Postal Service deliveries (e.g., private couriers):

    U.S. Citizenship and Immigration Services?
    California Service Center?
    Attn: CAP EXEMPT H-1B Processing Unit?
    24000 Avila Road, Room 2312?
    Laguna Niguel, CA 92677

USCIS asks H-1B petitioners to mark the outside of the envelope and the top margin of the I-129 form with “EXEMPT.” The agency said this will ensure quick identification of the H-1B filing throughout the petition’s processing at the California Service Center.

If a cap exempt H-1B petition is received at a different Service Center, USCIS said, that Service Center will “expeditiously forward the petition to the CSC for processing.” In the near future, USCIS will post special filing instructions to Form I-129 requiring all qualifying H-1B cap exempt petitions to be filed at the CSC.

USCIS noted that the highest volume of H-1B filings occurs during the month of April. “This may result in longer than average receipting times or other interruptions in processing times,” USCIS warned, adding that petitioners may file a qualifying H-1B cap exempt petition at any time of the year depending on the petitioner’s need, but no earlier than six months ahead of the intended start date.

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Mark A. Ivener, A Law Corporation, a nationally recognized law firm, has successfully assisted hundreds of clients in immigration matters.

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