I-129 Form and Fee Structure Change for Nonimmigrant Worker

Petitioners use form I-129 to file on behalf of a nonimmigrant worker to come to the United States temporarily to work as H-1B, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-1S, P-2, P-2S, P-3, P-3S, Q-1 or R-1 nonimmigrant worker.

A new version of the I-129 form will be required to be use from October 2nd, 2020. Further, the major change to this form is that it will be broken up into multiple different forms based on the visa classification type. when filing an I-129 petition, extra care should be taken to ensure that the petition is not rejected cause of form version or filing fee.

USCIS fee increases and filing requirement changes are also set to take effect on October 2nd, 2020. A new DHS fee schedule, will increase costs for most petitioners and applicants, and will impose new filing fees and fee requirements for many case types.


Non Immigrant Current Fee Final Fee % Change
I-129 H1 $460 $555 +21%
I-129 L (includes L1A,L1B & L Blankets $460 $805 +75%
I-539 Application to extend/change non immigration Status(Online Filing) $370 $390 +%5
I-539 Application to extend/change non immigration Status(Paper Filing) $370 $400 +8%
Immigrant Current Fee Final Fee % Change
I-140, Immigrant Visa Petition $700 $555 -21%
$I-485 Application to adjust status $1140 $1130 -1%
$I-485 Application to adjust status for applicant under the age of 14 $750 $1130 +51%
Total Fees for adjustment of status application bundle – I-485 with I-765 and I-131 $1225 $2270 +85%

USCIS has not provided an explicit grace period for answers to public charge questions on extensions and changes of nonimmigrant status filed on Forms I-129, I-539 and I-539A. USCIS may issue RFEs for public charge information in extension and status change cases filed between July 29 and September 22, 2020.


USCIS Re-Implements Public Charge Rule for All I-485 Applications Filed Since Feb. 24, 2020. Any adjustment of status application filed on or after February 24, 2020 and received by USCIS before October 13, 2020 may receive a request for evidence (RFE) for Form I-944 and accompanying public charge documentation.

Starting October 13, 2020, USCIS will reject any adjustment of status application filed without Form I-944 and related documentation.

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