Effective immediately, H-1B Cap Exempt employers filing H-1B petitions (including extension petitions) must file all such petitions with the California Service Center (“CSC”) regardless of jurisdiction. USCIS has further advised that to the extent any such petitions are mistakenly sent to the Vermont Service Center (“VSC”), those petitions will be rejected out-of-hand. (The instructions to the Form I-129 have been amended to reflect same).
Generally, “Cap exempt” status is restricted to: (i) institutions of higher education, as defined by 20 U.S.C. 1001(a); (ii) nonprofit organizations or entities related to or affiliated with institutions of higher education; and (iii) nonprofit research organizations or governmental research organizations, as defined by 8 CFR 214.2(h)(19)(iii)(C).
USCIS has further advised practitioners and employers filing such petitions to label the mailing envelope and top margin of the Form I-129 “exempt” to ensure proper identification of the H-1B filing at the CSC.