Navigating the United States immigration system often involves understanding specific forms and their associated costs, particularly when planning for a change in nonimmigrant status. For many individuals currently within the U.S. on a temporary visa, the desire to adjust status to that of an Optional Practical Training (OPT) holder is a common step. This process hinges on the completion of Form I-539, Application to Extend/Change Nonimmigrant Status, or Form I-539A, Application to Change Status, accompanied by the necessary supporting documentation and, crucially, the USCIS OPT application fee.
Understanding the Form I-539 Fee Structure
The financial component of changing or extending nonimmigrant status is broken down into distinct fee categories that applicants must budget for. The primary cost is the base filing fee, which is mandated by the Department of Homeland Security and goes directly to the U.S. government to process the application. Additionally, biometric services fees may apply, covering the collection of fingerprints and photographs. It is essential to distinguish these government fees from any potential legal representation costs, as the former are fixed by statute while the latter are determined by the attorney providing counsel.
Current Fee Amounts and Payment Methods
As of the latest regulations, the base fee for filing Form I-539 is set at a specific amount, which applicants must pay via check or money order payable to U.S. Department of Homeland Security. For those required to provide biometric data, an additional fee is levied to cover the logistical costs of this process. Individuals must ensure they use the correct payment method and include the proper fee check to avoid delays caused by returned submissions. Specific cashier or certified check instructions are detailed on the official form instructions page, and applicants are advised to verify the current totals before submission to ensure compliance.
The Role of the I-94 and Status Validity
Before initiating the application process, a critical step is verifying the validity of your current I-94 Arrival/Departure Record. Your eligibility to file for an OPT extension or change is directly tied to the expiration date of your authorized stay. If your I-94 has already expired, you generally must depart the United States and apply for a visa at a consulate abroad rather than change status internally. For those whose status is valid or will expire soon, attaching a copy of the current I-94 printout to the application package is a standard requirement that confirms your identity and current authorization period.
Maintaining Status While Awaiting Decision
One of the most nuanced aspects of the OPT application process is the concept of status maintenance. If you are applying before your current status expires, you are generally allowed to remain in the United States while the application is pending, provided you filed before the expiration date. However, if your status has already expired at the time of filing, you are typically out of status and may face accrual of unlawful presence, which can complicate future applications or entry. Therefore, timing the submission of the USCIS OPT application fee and form correctly is as important as the fee itself.
