Certain H-1B and L-1 Extensions Will Be Subject to Additional Biometric Fees Beginning September 2026

The U.S. Department of Homeland Security (DHS) recently issued a final rule expanding the 9-11 Response and Biometric Entry-Exit Fee to certain H-1B and L-1 extension-of-status petitions beginning September 9, 2026. Covered employers will be required to pay an additional $4,000 for each H-1B petition and $4,500 for each L-1 petition subject to the rule.

For questions regarding the scope of the new rule, H-1B or L-1 extensions, or corporate immigration compliance, please contact the ILS Immigration Team at immigrationlaw@consultils.com.

Scope of the New Rule

The fee generally applies to employers with 50 or more employees in the United States where more than 50% of their U.S. workforce is in H-1B or L-1A/L-1B status. The final rule expands the fee requirement to qualifying H-1B and L-1 petitions requesting an extension of status.

As a result, a covered employer may now be required to pay the additional $4,000 or $4,500 fee even when an employee remains with the same employer and the petition simply seeks to extend the employee’s existing H-1B or L-1 status.

DHS explained that the change is intended to align its fee collection practices with the governing statute. According to DHS, Congress included extension-of-status petitions within the scope of the fee, meaning that the fee should not depend on whether a petition also triggers the Fraud Prevention and Detection Fee.

Importantly, the new rule applies to petitions requesting an extension of status. An H-1B or L-1 amended petition that does not also request an extension of status will not trigger the fee solely because an amendment is being filed.

Impact on Employers

The financial impact is likely to be greatest for companies that rely heavily on H-1B and L-1 talent and routinely file large volumes of extension petitions. While the impact may be limited for employers with relatively few H-1B or L-1 workers, the additional fees can become significant when applied across a larger workforce.

Employers that may experience a greater impact include:

• Companies with significant H-1B populations. Technology, IT, engineering, and professional services companies often rely heavily on specialized talent. For employers filing H-1B extensions on a recurring basis, the additional $4,000 per petition can quickly add up.

• Multinational companies with frequent cross-border personnel transfers. Companies that regularly use the L-1A and L-1B classifications to transfer managers, executives, or employees with specialized knowledge to the United States may face higher costs when extending those employees’ status, with an additional fee of $4,500 per covered petition.

• Employers with a large number of upcoming extensions. When multiple employees have status expiration dates within the same period, the new fees may be concentrated within a single fiscal year or budget cycle, creating a more immediate impact on immigration spending.

For example, a covered employer filing H-1B extensions for 20 employees could incur $80,000 in additional government fees from this requirement alone. For employers with substantial foreign national populations, what may appear to be a per-petition fee increase can therefore translate into a meaningful increase in overall immigration costs.

Compliance Considerations for Employers

Employers with significant H-1B and L-1 populations should consider the potential impact of the new fee requirement on both upcoming filings and immigration budgets. With the September 9 effective date approaching, companies may wish to take the following steps:

• Review upcoming extension needs. Identify H-1B and L-1 employees whose status will expire in the coming months, with particular attention to petitions expected to be filed around September 9, 2026, and evaluate filing timelines accordingly.

• Reassess immigration budgets. Incorporate the additional fees into annual immigration cost projections. For employers processing a high volume of extensions, the aggregate increase may be substantial.

• Strengthen case planning and tracking. Organize cases by status expiration date, petition type, and anticipated filing date, and coordinate with immigration counsel in advance to determine the applicable fee requirements and avoid unexpected costs or filing issues.

The new rule underscores the importance of treating corporate immigration as an ongoing workforce planning function rather than a series of isolated filings. For employers that rely significantly on foreign national talent, integrating immigration timelines, filing strategies, and anticipated government fees into broader workforce planning can help reduce uncertainty as immigration policies and costs continue to evolve.

For questions regarding the scope of the new rule, H-1B or L-1 extensions, or corporate immigration compliance, please contact the ILS Immigration Team at immigrationlaw@consultils.com.

Disclaimer: Given the rapid changes in immigration policies, it is advisable for enterprises to pay close attention to official updates and consult professional immigration lawyers for the latest guidance. Our firm will continue to track policy developments and provide clients with timely and accurate professional services.

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As Partner and Head of Immigration at ILS, Anna advises global employers on all aspects of U.S. business immigration. She helps companies recruit and retain executives and highly skilled professionals essential to their U.S. operations, with experience spanning industries from autonomous driving and biotech, to entertainment, logistics, and manufacturing.

Previously, Anna practiced at leading global law firms and served as in-house counsel and compliance manager in the telecommunications, finance, and gaming industries. This diverse background equips her with practical, cross-industry insights that inform strategic, business-focused immigration solutions.

Email: contact@consultils.com | Phone: 626-344-8949