US Expands H-1B and L-1 Fee Requirements to Same-Employer Extensions

Starting September 9, 2026, certain US employers face a broader requirement to pay the 9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 petitions. The fee itself has not increased, but the rule now covers additional types of petitions, including extensions for employees who remain with the same employer.

The requirement applies to “covered employers.” These are companies with at least 50 employees in the US where more than half of the US workforce holds H-1B or L-1 visas. Companies that do not meet these conditions remain exempt.

The applicable fees are $4,000 for H-1B petitions and $4,500 for L-1 petitions. The change concerns the situations in which the fee is charged rather than an increase in the fee amount.

Previously, the 9-11 Biometric Fee generally applied when the Fraud Prevention and Detection Fee was also required, including new petitions and certain employer-change cases. Extensions for workers continuing with the same employer were not subject to the fee.

Under the new rule, covered employers must pay the fee for all applicable extension-of-status requests, including cases where the employee continues working for the same company. This increases the cost for large employers that regularly rely on H-1B and L-1 workers.

The H-1B program allows US employers to hire nonimmigrant workers for specialty occupations requiring specialised expertise. The L-1 category covers intracompany transfers, including L-1A visas for managers and executives and L-1B visas for employees with specialised knowledge.

The Department of Homeland Security published the final regulation in the Federal Register on August 10, 2026, with the changes taking effect on September 9, 2026.