US Government Plans to Expand H-1B and L-1 Visa Fees for Extensions of Stay

The US government is planning to expand an additional fee currently charged to certain large employers filing H-1B and L-1 visa petitions. According to the Department of Homeland Security’s regulatory agenda, a final rule expected in July could expand the “9-11 Response and Biometric Entry-Exit Fee’ to petitions seeking extensions of stay. At present, qualifying employers generally pay an additional $4,000 for H-1B petitions and $4,500 for L-1 petitions when seeking an initial grant of status or a change of employer. The planned change could therefore increase immigration-related costs for companies that rely heavily on H-1B and L-1 workers.

Notably, the proposed additional fee will not apply to every company that employs H-1B or L-1 workers. According to the department’s agenda, it applies to employers with more than 50 employees in the United States when more than 50% of their workforce is in H-1B or L-1 nonimmigrant status. Currently, these additional fees generally apply when a qualifying employer files a petition for an initial grant of H-1B or L-1 status or when there is a change of employer involving the same status.

The 9-11 Response and Biometric Entry-Exit Fee is an additional US immigration fee that some employers must pay when filing some H-1B and L-1 visa petitions. It was established to help fund programs connected with the government's biometric entry-exit system and other purposes. The system is intended to improve the government's ability to record and verify people entering and leaving the United States.

A final regulation slated for July is expected to expand the 9-11 Response and Biometric Entry-Exit Fee to petitions for extensions of stay filed by employers subject to the fee. The fee is imposed on employers with more than 50 employees in the United States in H-1B or L-1 status, more than 50 percent of whom are in H-1B or L-1 nonimmigrant status. Currently, H-1B and L-1 petitions filed by these employers are required to include the additional $4,000 (H-1B) or $4,500 (L-1) 9-11 Response fees only in petitions for an initial grant of H-1B or L-1 status or a change of employer in the same status fee is applicable to employers. The final regulation was originally slated for publication in April 2025, then was removed from the agenda this fall, but has been added once again as a short-term priority.