Filing and Attorney Fees Associated With USCIS Form I-539

U.S. Citizenship and Immigration Services (USCIS) Form I-539 is used by foreign nationals who are already residing in the U.S. and who want to change, extend, initiate, or reinstate their nonimmigrant status in the U.S. – without having to leave and apply for a new visa. The more common uses of this form are for dependents of people on work visas, students, and visitors in the United States. Examples include a visitor or a spouse of someone on a work visa who wishes to extend his or her time in the U.S. or a student who needs to reinstate his or her F-1 status. (To learn more about nonimmigrant visa options, see our section on Temporary Nonimmigrant Visas.)

This form is not used for all nonimmigrant visa categories, and it is not always clear, even in the instructions for the form, as to when it is specifically required. Therefore, it is important to consult an attorney regarding whether you need to use this form for the purposes you have in mind. 

For most situations, the fee for Form I-539 is $290 (as of early 2012). However, as described below, USCIS requires additional fees of some applicants (usually in cases where you have to submit additional forms.) Also, some applicants do not have to pay a fee, and some can ask that the fees be waived.

Get the Latest Version of Form I-539

It is critically important that you use the most up-to-date I-539 form and pay the latest fee. If one or the other is incorrect, USCIS will reject the application, which could affect your status and ability to remain in the United States. 

The fee amounts and form versions change from time to time. Before filing an application, visit USCIS’s website, www.uscis.gov, to check for the most up-to-date fees and forms.

Different Uses of Form I-539 May Require Different Fees and Additional Forms

While most applicants filing Form I-539 will pay the regular amount ($290 in late 2011), you will need to double-check on the exact amount for your own situation, depending on what you are requesting. You may also need to use different or supplemental USCIS forms.

People requesting diplomatic visas (A-1, A-2, G-1 through G-4, and NATO) need not pay the $290 fee. However, they must include a Form I-566 (Interagency Record of Request -- A, G or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G or NATO Status) with their application.    

People applying for V visas must pay the biometric fee ($85 in late 2011) in addition to the basic I-539 fee. V visa applicants should also read Supplement A to Form I-539, which is an informational form which includes additional instructions about the V visa application. 

Foreign nationals lawfully residing in the Commonwealth of Northern Mariana Islands (CNMI) prior to November 28, 2009, are required to pay the biometrics fee if they seek what is called a “Grant of Status.” On November 28, 2009, the CNMI became subject to U.S. immigration laws. At the time this occurred, non-CNMI nationals legally residing in CNMI were suddenly in violation of U.S. immigration laws, since they held no specific U.S. visa classification. To fix this problem, USCIS gave them two options. One is to obtain a visa at a consulate outside the United States. The other is to remain in CNMI and apply for a specific visa classification while at the same time requesting a “Grant of Status,” which will require the applicant to also pay the biometrics fee.  Thus, an applicant filing an I-539 while at the same time requesting a “Grant of Status” will be required to pay the I-539 fee along with the biometrics fee. (Note: The "Grant of Status" option is due to expire in November of 2011 unless extended.)

By What Method Should You Pay the Fees?

When paying the fees, it is critically important to list the fee correctly on your check or money order. If the amounts are not exactly correct, the application will be rejected, which could impact your ability to stay in the United States. When filing multiple applications, you can include all the fees in one check. However, it is best to include the fees in separate checks, because if one or more applications are rejected, all will be rejected if all the fees are included in one check. USCIS will not accept overpayments, nor will it refund partial payments. 

The fees must be paid by check or money order drawn on a bank or other financial institution located in the U.S., and must be payable in U.S. currency. Make the check or money order out to the “U.S. Department of Homeland Security.” You should spell out “U.S. Department of Homeland Security” as opposed to using the initials such as “USDHS.”

USCIS permits Form I-539 to be filed online (E-Filing) for some of the visas classifications. When e-filing Form I-539, you can make payment via credit card, debit card, or electronic transfer of funds from a checking or savings account from a U.S. bank.

When Fees Can Be Waived

When applying for certain benefits, USCIS allows applicants to request a waiver of some fees. (8 CFR 103.7(c)(3).) In particular, anyone required to pay the biometric fee can request a waiver, and dependents of the E-2 CNMI Investor Visa are also eligible to request a waiver of the Form I-539 filing fee. Please see USCIS’s website for more information on fee waivers. 

Attorney Fees and Seeking Legal Counsel

If you hire an attorney to help with the application, the fee for services will probably be a flat fee, rather than an hourly one. Note, however, that the quoted fee will probably be separate from the Form I-539 filing fees, which you will be responsible for paying. Most likely the attorney will ask you to bring in the checks or money orders, and he or she will take care of including these with your application.

As with many USCIS applications, the documentation needed to obtain the benefit can be confusing and complex. Therefore it is recommended that you seek out legal counsel to assist with your application.