Clarification of New Filing Fees for INS Forms I-129 and I-539
Posted Oct 18, 1998

The Law Office of Sheela Murthy announced earlier that INS filing fees would increase for most applications and petitions as of October 13, 1998. At the time, we had received conflicting information regarding the fee structure for Form I-129 (Petition for Nonimmigrant Worker), used for H1B, L1, O1 and a variety of other temporary worker categories. The old fee schedule assesses different fees depending upon whether a person is changing from another status, extending status, or applying for a visa from abroad. In situations allowing for multiple beneficiaries (such as a performing group applying for P visas), there has been an additional charge per applicant. The Form I-539 (Application for Extension or Change of Nonimmigrant Status), used for non-working categories such as B2, F1 and H4, also had a charge for additional beneficiaries.

INS has now clarified that it will be charging a flat fee only under the new system. The fee for Form I-129 will be $110 in all situations, and the fee for the I-539 applicable for spouses and dependents of the temporary worker will now be $120.

These new fees and the additional fees proposed under H.R. Bill 3736 of $500 per H1B Petition could act as a deterrent to smaller employers to participate in the H1B program.