USCIS has already launched the direct filing of nonimmigrant proceedings. Yesterday, the USCIS announced that the agency was launching the direct filing of I-140, I-485, I-765, I-131, I-907, I-360, and I-129F effective 07/30/2007 with a 30-day grace period during when the filing of the cases with a wrong Service Center would not be rejected. The announcement states that the starting date of the direct filing coincides with the effective date of new filing fee rules. The new filing procedure is as follows:
Petitioners will file all Forms I-140 (and concurrently filed Forms I-907 for a classification that is Premium Processing eligible), as well as employment-based Forms I-485 (and related Forms I-131, I-765) with the Nebraska Service Center or the Texas Service Center. This represents a change from current filing instructions, which direct all of these filings to the Nebraska Service Center. The filing location for a Form I-907 filed to upgrade a pending Form I-140 to Premium Processing, for a classification that is Premium Processing eligible, will remain unchanged. The Form I-907 is filed with the location where Form I-140 is pending.
Petitioners will file the Form I-129F with either the Vermont Service Center or California Service Center, depending on where the petitioner resides, and regardless of whether it is filed for a K-1
fiancé(e) or a K-3 spouse. This represents a change from current I-129F filing instructions, which direct the filing of K-1 petitions to all four USCIS service centers and the filing of K-3 petitions to the Chicago Lock Box.
USCIS will release new forms with updated filing instructions in the near future. In order to assist the public in determining the proper “Direct Filing” location, USCIS will also release filing charts that list proper filing locations on the online forms entry page for each form in advance of July 30, 2007.
During the lead period from 06/21/2007 to 07/29/2007, people can make a direct filing or in old ways. Accordingly, the July 2007 EB I-140 and I-485 filers using the July Visa Bulletin can make direct filing to eather Texas Service Center or Nebraska Service Center depending on where their place of intended employment is located. Currently, the Nebraska Service Center is the window agency for filing and the filed cases are split between the NSC and TSC internally.