Which employers are subject to the H-1B and L-1 visa extension fees?

The rule applies to petitioners that:

• Employ 50 or more employees in the United States; and
• Have a workforce in which more than 50% of US employees, in the aggregate, hold H-1B, L-1A or L-1B nonimmigrant status.

Both conditions have to be met.

The test is specific to the 9-11 Biometric Fee and should not be confused with the separate rules for determining whether an employer is H-1B-dependent for Labor Condition Application purposes.

Employers close to the threshold should keep their position under review, since changes in US headcount and workforce composition can affect whether the additional fee applies.

What is changing?

The 9-11 Biometric Fee was already payable by covered employers on certain H-1B and L-1 petitions, including petitions seeking an initial grant of status.

DHS has now expanded the fee so that covered H-1B and L-1 petitioners must also pay it when requesting an extension of the beneficiary’s stay, including where the worker remains with the same employer and the separate fraud prevention and detection fee is not payable.

From September 9, 2026, a covered employer filing an H-1B extension can therefore face an additional $4,000 fee, while an L-1 extension can trigger an additional $4,500 fee.

An amended H-1B or L-1 petition is not subject to the additional fee where it does not also request an extension of the worker’s currently authorized status. An amendment combined with an extension request can therefore trigger the fee.

Why has DHS changed the rule?

Congress established the current 9-11 Biometric Fee in 2015 and expressly referred to applications for extensions of H-1B and L-1 status.

DHS previously interpreted the statute more narrowly and generally collected the fee in circumstances where the separate fraud prevention and detection fee was also required. Same-employer extensions therefore generally fell outside the additional fee requirement.

DHS has now concluded that its previous interpretation did not give full effect to the statutory language. The final rule adopts the position that the fee should apply to covered extension requests regardless of whether the fraud prevention and detection fee is also payable.

DHS states that the change aligns the regulations with congressional intent and supports funding for the biometric entry-exit system administered by US Customs and Border Protection.

How significant is the change?

The financial impact could be substantial for employers filing large numbers of H-1B extensions.

DHS estimates that between fiscal years 2018 and 2025 around 27% of H-1B petitions filed by covered employers were subject to the biometric fee. Had the new interpretation applied during that period, DHS estimates that around 75% would have been subject to it.

The effect on individual employers will depend on filing volumes, but costs can accumulate quickly. A covered employer filing 100 same-employer H-1B extensions could incur an additional $400,000 in 9-11 Biometric Fees. The equivalent additional cost for 100 L-1 extensions would be $450,000.

For employers with large H-1B or L-1 populations, routine extension planning will therefore carry a materially higher recurring cost.

What does the rule mean for employers?

Affected employers should build the statutory workforce test into the immigration case intake process rather than waiting until a petition is ready to file.

Organizations close to the 50/50 threshold should monitor changes in US headcount and the proportion of employees holding H-1B, L-1A or L-1B status, since changes in workforce composition can alter fee liability.

Filing procedures should also distinguish clearly between extension requests and standalone amendments. That distinction can determine whether an additional $4,000 or $4,500 is payable.

Employers with H-1B or L-1 extensions already in preparation should review intended filing dates and determine which fee regime will apply, while ensuring that any filing remains procedurally appropriate and complete.

What does the rule mean for H-1B and L-1 workers?

The additional fee is imposed on the petitioning employer and does not create a new eligibility requirement for the H-1B or L-1 worker.

The impact on workers is therefore indirect, but higher recurring sponsorship costs may become a factor in employer decisions about workforce planning, visa sponsorship and the continued use of H-1B and L-1 classifications.

When does the rule take effect?

The final rule was published in the Federal Register on August 10, 2026 and takes effect on September 9, 2026.

The $4,000 H-1B fee and $4,500 L-1 fee currently apply to covered petitions filed on or before September 30, 2027.

The statutory authorization for the fee is therefore currently scheduled to expire after that date unless Congress extends it again.

Need Assistance?

For advice on the new H-1B and L-1 extension fee rules, whether your organization falls within the statutory threshold and how the changes could affect future immigration costs, book a fixed-fee telephone consultation with one of our US immigration attorneys.

The Final Rule can be accessed here >