For certain employers, extending an H-1B or L-1 worker’s stay in the United States is about to come with a considerably larger price tag.
The Department of Homeland Security (DHS) has expanded the 9-11 Response and Biometric Entry-Exit Fee to include H-1B and L-1 extension petitions filed by employers already subject to the fee. Previously, the additional fee generally applied to initial petitions and change-of-employer filings. Under the new rule, qualifying employers will also have to pay it when requesting an extension of stay.
And this is not exactly a processing fee you will find hiding between the couch cushions. The additional charge is $4,000 for H-1B petitions and $4,500 for L-1 petitions. The fee does not apply to every employer. It targets companies with 50 or more employees in the US when more than 50% of those employees hold H-1B or L-1 status. Amended petitions that do not request an extension of stay remain exempt.
The expanded requirement takes effect September 9, 2026, 30 days after publication of the final rule.
The fee was created to help fund biometric entry and exit programs related to national security and is currently scheduled to expire on September 30, 2027, unless Congress extends it.
For affected employers, the takeaway is simple: beginning in September, keeping certain H-1B and L-1 employees in the same status may require a little more room in the immigration budget.