3 weeks ago
US expands $4,000 H-1B, $4,500 L-1 extension visa fees
When people come from other countries to work in the United States, their company sometimes needs permission from the government, which is called a visa.
The government can charge the company money for this permission, and that money is called a fee.
There is a special fee called the 9/11 Response and Biometric Entry-Exit Fee.
Before this change, the fee usually only had to be paid in some situations, like when a worker first got a job or changed employers.
Now, companies will also have to pay it when they renew permission for a worker who stays with the same company.
The fee is $4,000 for one type of worker permission and $4,500 for another type.
Only big companies with at least 50 American employees, where more than half of the American workers have these special permissions, have to pay.
The company must pay the money, not the worker.
The rule does not make the fee bigger; it just makes companies pay it more often.
The new rule starts on September 9.
The US Department of Homeland Security expanded the $4,000 H-1B and $4,500 L-1 fees to cover extension-of-stay petitions filed by covered employers.
The final rule, published on Monday, takes effect on September 9, 2026, and may significantly increase recurring immigration costs for companies relying on foreign professionals.
The fee applies only to employers with at least 50 employees in the United States when more than 50% of their US workforce holds H-1B, L-1A, or L-1B status, a threshold known as the 50-50 rule.
Covered employers must pay the 9/11 Response and Biometric Entry-Exit Fee for each extension, even when the worker remains with the same employer.
DHS rejected suggestions that employees be allowed to pay the fee, stating that statutes and regulations require the employer to pay; the fee amounts themselves are not increased.
- Who
- The US Department of Homeland Security (DHS) and covered employers with at least 50 employees in the United States where more than 50% of the US workforce holds H-1B, L-1A, or L-1B status.
- What
- DHS expanded the existing $4,000 H-1B and $4,500 L-1 fees to include extension-of-stay petitions filed by covered employers, even when workers remain with the same company.
- Where
- United States.
- When
- The final rule was published on Monday and takes effect on September 9, 2026.
- Why
- To correct DHS's interpretation of statutory language so that covered employers must submit the 9/11 Response and Biometric Entry-Exit Fee for all extension-of-status petitions.
Critics and affected companies
US Department of Homeland Security
Who should pay the fee
Critics and affected companies
Some suggested employees should be permitted to pay the fee when their companies were unwilling to do so.
US Department of Homeland Security
DHS rejected this, saying the statutes and existing regulations specify that the fee is required to be paid by the employer.
Impact of the rule change
Critics and affected companies
The change might significantly increase the recurring immigration costs faced by companies that depend heavily on foreign professionals, including Indian professionals, and could affect hiring and retention.
US Department of Homeland Security
DHS said the change does not increase the fee amounts and only broadens the number of petitions on which the existing charges must be paid.
Key facts
- Regulatory body
- US Department of Homeland Security (DHS)
- Fee name
- 9/11 Response and Biometric Entry-Exit Fee
- H-1B petition fee
- $4,000 per qualifying petition
- L-1 petition fee
- $4,500 per qualifying petition
- Who pays
- The employer, not the visa holder
- Coverage threshold
- At least 50 US employees with more than 50% of the US workforce on H-1B, L-1A, or L-1B status (the 50-50 rule)
- Effective date
- September 9, 2026
- Affected workers
- Companies dependent on foreign professionals, including Indian professionals on H-1B and L-1 visas
Quotes
Department of Homeland Security
U.S. federal agency responsible for immigration enforcement
“The regulatory changes correct DHS’s interpretation of statutory language to require that covered employers submit the 9-11 Biometric Fee for all extension of status petitions, regardless of whether the related fraud prevention and detection fee applies.”
thestatesman.com
“The statutes and existing regulations specify that the fee is required to be paid by the employer.”
thestatesman.com










