New Immigration Rule Affects H-1B and L-1 Visa Extensions

A recent change in U.S. immigration policy has introduced a new fee for certain employers sponsoring H-1B and L-1 visa holders. This rule, effective September 9, 2026, expands the requirement for the 9/11 Response and Biometric Entry-Exit Fee to include extensions for some workers. While the rule applies broadly to employers meeting specific criteria, it has drawn attention from professionals and employers in various sectors, including those with a significant number of Indian workers.

The Department of Homeland Security (DHS) has updated its regulations to include qualifying extensions under the fee requirement. This means that employers who previously paid the fee for initial petitions or changes of employer might now also have to pay it for extensions. The fee is intended to support the development and maintenance of biometric entry and exit data systems.

Understanding the 9/11 Response and Biometric Entry-Exit Fee

The 9/11 Response and Biometric Entry-Exit Fee is not entirely new. It was already a requirement for initial H-1B and L-1 petitions, as well as for petitions involving a change of employer. The recent update, published in the Federal Register on August 10, 2026, extends this fee to applications requesting an extension of stay for workers already in the U.S. with the same employer. This change aims to ensure that the biometric data systems are adequately funded.

The fee applies to petitions that are postmarked or filed between September 9, 2026, and September 30, 2027. It is important for employers to be aware of this timeframe when planning their visa extension filings.

Who is Required to Pay the Fee?

The extended fee requirement does not apply to all employers or all H-1B and L-1 visa holders. Instead, it targets “covered employers” who meet two specific workforce conditions. These conditions are designed to identify larger employers with a significant reliance on foreign national workers in specialized roles.

Workforce Thresholds for Covered Employers

To be considered a covered employer, a company must satisfy both of the following criteria:

• Minimum U.S. Employee Count: The employer must have 50 or more employees working in the United States. This count includes both full-time and part-time staff.
• Proportion of Foreign National Workers: More than half of the employer’s U.S. workforce must hold H-1B, L-1A, or L-1B visa status. This means that a substantial portion of their employees are foreign nationals working in these specific nonimmigrant classifications.

Employers that do not meet both of these tests are not subject to the new fee for extensions. This distinction is important, as it means smaller businesses or those with a lower percentage of H-1B or L-1 employees will not be impacted by this particular fee increase.

Fee Amounts for H-1B and L-1 Petitions

The rule specifies the fee amount for H-1B petitions, but the amount for L-1 petitions is not as clearly defined within the initial discussion of the rule.

• H-1B Fee: For H-1B petitions that fall under the new extension rule, the fee is set at $4,000. This amount is to be paid by the petitioning employer.
• L-1 Fee: The Federal Register discussion of the rule does not explicitly state a dollar amount for L-1 petitions. While some figures may have been suggested or discussed in other contexts, the rule itself does not confirm a specific amount for L-1 extensions. Employers seeking to file L-1 extensions should consult the latest USCIS fee schedule for the most current information.

It is important to note that the fee is the responsibility of the employer, not the sponsored worker. This means that companies must budget for this additional cost when planning to extend the stay of their H-1B and L-1 employees.

Impact on Indian Professionals and Employers

Concerns have been raised that this new fee could disproportionately affect Indian professionals and their sponsoring employers, especially given existing challenges like long green card backlogs. Some commenters suggested that increased costs might make employers less willing to hire or retain foreign national workers. However, DHS has stated that the rule is not intended to target any specific nationality.

The department clarified that the fee is tied to the employer’s workforce composition and the type of petition being filed, not the nationality of the worker. While Indian professionals are a significant group within the H-1B and L-1 visa categories, the rule’s application is based on U.S. employment criteria, not country of origin. The fee is meant to support U.S. infrastructure related to border security and immigration processing.

Form I-129 Edition Requirements

In conjunction with the new fee, USCIS has also updated its requirements for Form I-129, Petition for a Nonimmigrant Worker. As of November 9, 2026, USCIS will only accept the 09/09/26 edition of Form I-129. This means that any petitions filed using an older version of the form will be rejected.

Employers must ensure they are using the correct and most current version of the form when submitting their H-1B and L-1 petitions, including those for extensions. This change in form edition is separate from the fee rule but is a critical procedural requirement that must be followed.

Navigating the New Fee and Filing Process

For employers and employees, understanding and complying with these new regulations is essential. The process involves several key steps to ensure that petitions are filed correctly and that the appropriate fees are paid.

1. Verify Employer Status: First, employers must determine if they meet the criteria of a “covered employer” by checking their total U.S. employee count and the proportion of employees in H-1B, L-1A, or L-1B status.
2. Identify Petition Type: It is crucial to confirm whether the filing is a qualifying extension that triggers the fee or an exempt amendment that does not. Amended petitions that do not seek to extend the worker’s current period of authorized stay are typically exempt from this fee.
3. Use the Correct Form Edition: Employers must download and use the 09/09/26 edition of Form I-129 for all relevant filings starting November 9, 2026.
4. Consult Fee Schedules: Employers should refer to the USCIS Form G-1055, Fee Schedule, for the most up-to-date fee information. This document will provide the exact amount required for the 9/11 Response and Biometric Entry-Exit Fee, as well as other applicable filing fees.
5. Follow Filing Instructions: Carefully review all USCIS filing instructions for Form I-129 to ensure all required documentation and fees are included.

By following these steps, employers can navigate the updated regulations and ensure a smoother filing process for their H-1B and L-1 visa extensions.

Frequently Asked Questions