ADVERTISEMENT
ADVERTISEMENT
New U.S. rule expands H-1B, L-1 fees to extensions
The rule applies to organizations with 50 or more employees in the United States, where more than 50% of that workforce collectively holds H-1B or L-1 status.
-
1759953093.png)
Staff Reporter - Mon, 10, Aug 2026
- 02:21 EDT
- 24
U.S. Department of Homeland Security. / DHS
The U.S. Department of Homeland Security (DHS) has amended its regulations to require covered employers to pay a $4,000 fee for H-1B and $4,500 for L-1 extension-of-status petitions, including extensions that do not involve a change of employer.
The amended final rule will take effect on Sept. 9, 2026.
ALSO READ: Strict new visa rules likely to hit Indian students with US study plans
“The Department of Homeland Security (DHS) is amending the regulations concerning the 9-11 Response and Biometric Entry-Exit Fee for certain H-1B and L-1 visas (9-11 Biometric Fee),” the agency said.
“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, which includes extension of status petitions that do not involve a change of employer,” it said.
The 9-11 Biometric Fee continues to apply unchanged to petitions seeking an initial grant of status. The changes also help DHS comply with its congressional mandate to implement a biometric entry-exit system, it said.
The rule applies to organizations with 50 or more employees in the United States, where more than 50% of that workforce collectively holds H-1B or L-1 status.
These fees previously applied only to initial H-1B approvals and changes of employer. The final rule extends them to extensions of stay, meaning large H-1B-dependent employers now pay the biometric fee every time they renew an existing worker's status, Allison Kranz wrote on her LinkedIn account.
DHS projects the change will generate $37.9 million in additional fee revenue in FY2026 and $40 million in FY2027, she wrote.
On June 6, 2024, the Department of Homeland Security (DHS) published a notice of proposed rulemaking (NPRM) in the Federal Register (89 FR 48339) proposing to amend DHS regulations regarding the 9-11 Biometric Fee for certain H-1B and L-1 petitions. DHS received a total of 146 comments on the NPRM. Comments included support, suggestions for changes and concerns. After review of the comments, through this final rule, DHS is adopting the proposed changes to its regulations to align with Congress's intent for the 9-11 Biometric Fee.
The H-1B visa is a temporary, employer-sponsored U.S. nonimmigrant work visa. It allows companies in the United States to hire foreign nationals for specialized professional jobs that require a bachelor's degree or higher in fields like technology, engineering, science and medicine.
Indians account for more than 70% of H-1B recipients in recent years, making them the largest group of beneficiaries under the program. China is the second-largest source, accounting for about 12% of recipients.
The L-1 visa is a nonimmigrant work visa that allows multinational companies to transfer an employee from a foreign office to a U.S. branch, parent, affiliate or subsidiary.
Discover more at New India Abroad.
Leave A Comment
Related
ADVERTISEMENT
ADVERTISEMENT
E Paper
Video
Comments
Start the conversation
Become a member of New India Abroad to start commenting.
Sign Up Now
Already have an account? Login