New “Direct Filing” instructions for all Forms I-129F, I-131, I-140, I-360, I-485, I-765 and I-907 become effective on July 30, 2007. This coincides with the effective date of the fee increase for most immigration benefit applications and petitions.

During the first 30 days of “Direct Filing” (July 30 to August 28), USCIS will not reject any form incorrectly filed at the prior filing location. However, applicant must include the correct fee and must meet all other requirements for a proper filing. Beginning on or after August 29, 2007, USCIS will reject any of the forms listed above that are filed with the incorrect filing location. Those rejected and returned forms will include the fee and instructions for proper filing.

This advisory outlines the direct filing rules for the forms most used in the education context: I-485, I-140, I-131, and I-765.


Form I-485 and ancillary applications

Concurrent filing of Form I-485 and Form I-140

Starting July 30, 2007, if an employment-based Form I-485 is filed together with an I-140 immigrant visa petition (concurrent filing), the entire I-140/I-485 package for the principal and accompanying dependents (including ancillary I-765 and I-131 applications), should be filed as follows. Forms filed under the direct filing rules will also be accepted prior to July 30, 2007.

File in the Nebraska Service Center if the place of permanent employment is in:

  • Alaska, Arizona, California, Colorado, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, or Wyoming

File in the Texas Service Center if the place of permanent employment is in:

  • Alabama, Arkansas, Connecticut, Delaware, the District of Columbia, Florida, Georgia, Ken­tucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, South Carolina, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, or West Virginia

When Form I-485 is filed separately from Form I-140

If the Form I-140 has already been filed, then follow these filing rules:

  • If the Form I-140 is still pending, file the I-485 package at the Service Center where the I-140 is pending. Include a copy of the I-140 receipt notice.
  • If Form I-140 has already been approved, file the I-485 package and a copy of the I-140 approval notice as follows:
  • File in the Nebraska Service Center if the I-485 applicant lives in: Alaska, Arizona, California, Colorado, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, or Wyoming
  • File in the Texas Service Center if the I-485 applicant lives in: Alabama, Arkansas, Connecticut, Delaware, the District of Columbia, Florida, Georgia, Ken­tucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, South Carolina, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, or West Virginia

Ancillary Form I-765 and I-131 filings

As a general rule file ancillary Forms I-765 and I-131 that were not filed concurrently, at the same USCIS Service Center where the Form I-­485 was filed. Include a copy of the filing receipt notice.


Direct filing of Form I-140

Starting July 30, 2007, 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. Forms filed under the direct filing rules will also be accepted prior to July 30, 2007.

  • Petitioners will file in the Nebraska Service Center if the place of permanent employment is in: Alaska, Arizona, California, Colorado, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, or Wyoming
  • Petitioners will file in the Texas Service Center if the place of permanent employment is in: Alabama, Arkansas, Connecticut, Delaware, the District of Columbia, Florida, Georgia, Ken­tucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, South Carolina, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, or West Virginia

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 continue to be the Service Center where the Form I-140 is pending.


Direct filing of Form I-765

Starting July 30, 2007 applicants for employment authorization documents (EADs) should file the Form I-765 under the USCIS direct filing rules. Forms filed under the direct filing rules will also be accepted prior to July 30, 2007.
 
Here are some of the rules for I-765 application types frequently filed in the education context.

I-765s filed with Service Center having jurisdiction over applicant’s residence

File Form I-765 at the USCIS Service Center that has jurisdiction over the applicant’s place of residence for the following types of I-765 applications:

  • F-1 optional practical training, F-1 International Organization employment authorization, F-1 hard­ship employment authorization
  • M-1 practical training
  • J-2 work authorization
  • E and L spouse work authorization
  • Asylum applicants (non-ABC cases)
  • B-1 domestic employee work authorization
  • K fiancees

For the above I-765 types:

  • File at the Vermont Service Center if the applicant lives in: Connecticut, Delaware, D.C., Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Puerto Rico, Rhode Island, Vermont, Virginia, West Virginia, or the U.S. Virgin Islands
  • File at the Texas Service Center if the applicant lives in: Arkansas, Alabama, Georgia, Florida, Louisiana, Kentucky, Mississippi, New Mexico, North Carolina, Oklahoma, South Carolina, Tennessee, or Texas
  • File at the California Service Center if the applicant lives in: Arizona, California, Guam, Hawaii, or Nevada
  • File at the Nebraska Service Center if the applicant lives in: Alaska, Colorado, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Mon­tana, Nebraska, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, or Wyoming

I-765s always filed with the Nebraska Service Center

File Form I-765 at the Nebraska Service Center for the following types of I-765 applications:

  • Refugees and Asylees
  • N-8 or N-9
  • Micronesia/Marshall Island nationals
  • A (diplomatic) Spouses and Dependents, but these I-765s must be forwarded to the Service Center by the Department of State after DOS and the foreign mission certify Form I-566
  • G Spouses and Dependents, but these I-765s must be forwarded to the Service Center by the Department of State after DOS and the international organization certify Form I-566
  • NATO Dependents, but these I-765s must be forwarded to the Service Center by NATO after NATO certifies Form I-566