Extending or Changing Your Visa Status: I-539 Filing Fees, Lawyer Fees, and Fee Waiver

Foreign nationals who are legally residing in the United States and want to either change, extend, initiate, or reinstate their nonimmigrant status without having to leave the country and apply for a new visa abroad can normally do so by filing Form I-539 with U.S. Citizenship and Immigration Services (USCIS). As with most USCIS applications, there's a basic filing fee, plus additional fees for particular forms or situations. In addition, you might have to pay related costs, such as for an attorney. All of these money matters are discussed in this article.

Which Foreign Nationals Can Use USCIS Form I-539?

Form I-539 is most commonly used by family dependents of people on work visas, as well as students and visitors in the United States. For example, a foreign visitor or a spouse of someone on a work visa who wishes to extend their permitted time in the United States, or a student who needs to reinstate their F-1 status after a violation, would submit Form I-539.

This form is not, however, used for all nonimmigrant visa categories. What's more, USCIS doesn't always make it entirely clear, even in its instructions for the form, when its use is specifically required. Therefore, it is wise to consult an attorney regarding whether you need to use Form I-539 for the purpose you have in mind.

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

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

In most types of immigration cases, there's a base fee to file Form I-539. This fee is $420 for online filing and $470 for paper filing (2026 figures). Moreover, USCIS requires additional fees of some applicants (usually in cases where the person must submit additional forms).

While most applicants filing Form I-539 will pay the normal base amount, you will need to double-check the exact amount depending on what immigration benefit you are requesting. You might also need to use different or supplemental USCIS forms.

No Fee Required in Some I-539 Cases

Some applicants do not have to pay any fees to USCIS for this application. Also, applicants who are low-income can potentially ask that the USCIS fees be waived.

People requesting diplomatic visas (A-1, A-2, G-1 through G-4, and NATO) need not pay the filing 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.

V visa applicants should also read Form I-539A, which is an informational form that includes additional instructions about the V visa application and is also available on USCIS's I-539 page.

Form I-539 Fee Waiver for Low Income

When applying for certain benefits, USCIS allows applicants to request a waiver of some fees (per 8 C.F.R. Section 103.7(c)(3)). Dependents of the E-2 CNMI investor visa are also eligible to request a waiver of the Form I-539 filing fee.

See USCIS's website for more information on who qualifies for and how to request a fee waiver on Form I-912.

By What Method Should You Pay USCIS Application Fees?

USCIS will no longer accept checks or money orders (per a 2025 change in USCIS policy). They can now only be paid by credit card (using Form G-1450, Authorization for Credit Card Transactions) or transfer from a U.S. bank (by completing and signing Form G-1650, Authorization for ACH Transactions).

Who Can File Form I-539 Online

USCIS permits people to file Form I-539 either by mail or online (sometimes called e-filing; available for some, but not all, visa classifications). If you select online filing, you can upload supporting documents from within your online account.

If you find yourself up against a deadline, such as your immigration status expiring imminently, such that not even sending your application by overnight courier would be guaranteed to get it to USCIS on time (until after your status has expired), online filing can be an especially useful option.

Typical Lawyer's Fees for Extending or Changing Visa Status

You don't necessarily need to pay a lawyer to help you extend or change your immigration status; that is, if you have a simple situation, you understand the laws, and you easily qualify for the extension or change.

However, if you are unsure about any aspect of the rules, have any special circumstances in your case, or just want to make sure it's done right the first time, it's a good idea to hire a lawyer. As with many USCIS applications, the documentation you must file in order to obtain the benefit can be confusing and complex. Having an attorney handle the application can help ensure everything is done right from the get-go, and avoid potential pitfalls.

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. This type of case is relatively standard, so you shouldn't have to worry about high hourly rates and your bill coming in at more than you expected. You can expect a lawyer to charge anywhere between $500 and $1,700 to handle your extension or change of status case.

Note, however, that the attorney's quoted fee will be separate from the Form I-539 filing fee and other incidental costs, which you will be responsible for paying.