U.S. Expands H-1B and L-1 Fee Requirements: What Employers Need to Know
Overview
The U.S. Department of Homeland Security has expanded the circumstances under which the existing 9-11 Response and Biometric Entry-Exit Fee applies to H-1B and L-1 petitions. This is not a new fee. What has changed is when it applies.
Previously, qualifying employers encountered this fee primarily when filing initial petitions or petitions involving a change of employer. Under the expanded rule, the fee will also apply to extension-of-status petitions filed by covered employers including cases where no change of employer is involved.
For qualifying employers, that means an additional $4,000 per covered H-1B petition and $4,500 per covered L-1 petition. Under current law, the 9-11 Biometric Fee is authorized through September 30, 2027.
The rule takes effect on September 9, 2026.
This is not simply a fee change. It changes how companies should forecast the cost of maintaining an H-1B and L-1 workforce in the United States. For HR, Immigration and Global Mobility teams, the immediate question is not just what the fee is, it is which upcoming filings will be affected and what that means for your workforce budget.
What Are the Key Changes?
The fee now applies to extension-of-status petitions filed by covered employers
Previously, the additional fee was associated with new hires and employer-change filings. Under the updated rule, covered employers will also pay the fee when filing extension-of-status petitions for employees who are already working for them including cases where no change of employer is involved.
For organizations that regularly renew the status of existing H-1B and L-1 employees, this means the fee now enters the recurring immigration cost cycle, not just the hiring cycle.
The fee applies across H-1B, L-1A and L-1B petition types
H-1B petitions for specialty occupation workers - additional fee of $4,000
L-1A petitions for intracompany transferee managers and executives - additional fee of $4,500
L-1B petitions for intracompany transferee specialized knowledge workers - additional fee of $4,500
These amounts are separate from standard USCIS filing fees, legal fees and any optional premium processing costs.
Not every petition triggers the fee
An amended petition that does not seek an extension of the employee's currently authorized status is exempt from the fee. Each petition should be assessed individually rather than the fee applied universally across all H-1B and L-1 filings.
The fee is the employer's responsibility
This is a petitioning-employer obligation. It is not a cost the sponsored employee is expected to bear. For Finance and HR teams building immigration budgets, the cost sits with the organization and should be reflected accordingly.
Who Will Be Affected?
The expanded fee is most relevant to organizations with substantial U.S. workforces that rely heavily on H-1B and L-1 talent. The full threshold detail is covered under Applicability Threshold below.
Organizations most likely to feel the impact include:
Large technology and engineering employers with significant H-1B populations
Consulting and professional services firms with high proportions of sponsored talent
Multinational companies using L-1 intracompany transfers regularly
Indian businesses and multinationals with established India–U.S. employee movement programs
Organizations managing recurring H-1B or L-1 extension cycles
The teams that need to act on this are:
HR leadership responsible for workforce cost planning
Immigration teams managing petition timelines and preparation
Global Mobility teams coordinating cross-border assignments and transfers
Finance teams building forward immigration budgets
Business leaders overseeing headcount and international deployment decisions
What Employers Should Consider
For employers, the immediate priority is cost visibility. Covered organizations should understand which upcoming filings will attract the additional fee and incorporate those costs into immigration and workforce planning before they become urgent.
Understanding the change early allows organizations to:
Build accurate immigration budgets that account for extension costs, not just new hires
Identify employees approaching extension dates before those filings are imminent
Give Finance and business leadership a reliable forecast of upcoming immigration spend
Align HR, Mobility and Immigration teams around a consistent view of upcoming cases and expected costs
Avoid unbudgeted expenses at the point of petition preparation
The operational value is planning visibility, a reduction in cost surprises, not a reduction in fees.
Applicability Threshold
There is no salary threshold associated with this fee change. Eligibility is determined entirely by the employer's U.S. workforce composition.
An employer is generally covered when it meets both of the following conditions:
It employs 50 or more employees in the United States
More than 50% of those U.S. employees hold H-1B, L-1A or L-1B status
Employers that do not meet this threshold generally fall outside the scope of the additional fee.
For covered employers, the applicable fees are:
H-1B petitions - $4,000 additional fee
L-1A or L-1B petitions - $4,500 additional fee
These amounts are in addition to standard USCIS filing fees, legal fees and any optional premium processing costs.
Because coverage is based on workforce composition, employers should use current U.S. headcount and immigration data when assessing whether the fee applies to a specific filing.
Compliance Updates
Before each filing, confirm:
Current U.S. headcount and whether the 50-employee condition is met
The proportion of U.S. employees currently in H-1B, L-1A or L-1B status and whether that proportion exceeds 50%
The specific petition type and whether it falls within scope or is exempt as an amended petition that does not seek an extension of currently authorized status
That the correct fee amount is included with the petition
For planning purposes, employers should periodically review workforce composition so they can assess potential fee exposure before upcoming filings:
Keep immigration population data consistent with HR workforce records
Flag upcoming extension dates early enough to incorporate filing costs into budgets
Ensure Finance has forward visibility into projected immigration expenses
For organizations where HR data, immigration records and finance planning sit across separate teams or systems, a mismatch in these inputs can create uncertainty about whether the fee applies. Accurate, shared data across functions reduces that risk.
What This Means for Employers
Immigration budgets need to reflect extension costs, not just new hires
Many organizations currently budget the biometric fee in connection with new hires or employer-change petitions. Under the expanded rule, extension-of-status petitions for existing employees filed by covered employers can now be subject to the additional fee.
To make the financial scale concrete, consider a covered employer managing a mid-size sponsored workforce:
10 covered H-1B extension petitions at $4,000 each represent $40,000 in additional government fees
5 covered L-1 extension petitions at $4,500 each represent a further $22,500
Together, that is $62,500 in additional fees within a single budget cycle
Illustrative example only. Actual fee applicability depends on employer threshold and petition type.
For organizations managing a large H-1B and L-1 workforce, these amounts become material and need to be reflected in immigration and finance planning before filings are due.
Workforce planning and immigration planning need to connect
When a business unit is planning to retain a specialist, extend an assignment or prepare an intracompany transfer, the associated immigration timeline and costs should be part of that conversation from the start, not after a petition is ready to be submitted.
For organizations with established India–U.S. mobility programs, where multiple H-1B and L-1 extension filings may fall within the same budget period, the alignment between workforce decisions and immigration costs is especially important.
L-1 transfer costs require closer attention
For companies using L-1 pathways to move managers, executives or specialized-knowledge employees between India and the United States, the $4,500 fee should be factored into the cost of applicable intracompany transfer and extension filings.
Cross-functional coordination becomes more important
HR, Global Mobility, Immigration, Finance and business leadership need to work from a shared view of upcoming filings, employee status and expected costs. For organizations managing mobility at scale, centralized tracking and forward planning help avoid the cost and timing gaps that arise when immigration sits in isolation from the wider workforce function.
Implementation and Next Steps
The rule takes effect on September 9, 2026. Employers with covered workforces should begin preparation now, particularly where extension petitions will be filed in the months immediately following the effective date.
Step 1: Review your U.S. workforce composition
Confirm current U.S. headcount and the proportion of employees holding H-1B, L-1A or L-1B status. Establish whether your organization meets the applicable threshold.
Step 2: Identify employees approaching extension dates
Review your immigration calendar for H-1B and L-1 employees whose status will require renewal on or after September 9, 2026. Prioritize cases falling in the first six months after the effective date.
Step 3: Revise immigration budgets
For covered employers, incorporate the additional $4,000 H-1B or $4,500 L-1 fee into filing forecasts. Ensure Finance has visibility into these projected costs ahead of budget cycles. Note that under current law the fee is authorized through September 30, 2027.
Step 4: Assess each petition individually
Confirm the specific petition type and whether it falls within scope or qualifies for the amended-petition exemption before including the fee.
Step 5: Align HR, Immigration, Mobility and Finance teams
Ensure teams responsible for workforce planning, immigration filing and budget management are working from consistent, current information about upcoming cases and expected costs.
Step 6: Build immigration costs into workforce planning from the start
For organizations with active India–U.S. talent pipelines, immigration costs should inform hiring decisions, transfer plans and retention strategies, not be added as an afterthought once a filing is imminent.
Key Takeaway
This rule does not create a new fee. It expands the circumstances under which an existing $4,000 H-1B and $4,500 L-1 biometric fee applies, specifically to extension-of-status petitions filed by covered employers, including cases where the employee is continuing with the same employer.
The change makes immigration cost forecasting more important for organizations maintaining an H-1B and L-1 workforce in the United States. Reviewing upcoming extensions, assessing which filings are affected and aligning Immigration, HR, Mobility and Finance teams ahead of the September 9, 2026 effective date can help employers avoid unexpected costs and planning gaps.
For organizations reviewing how the expanded fee affects their U.S. assignments, intracompany transfers or extension programs, Anywr India works with HR and Global Mobility teams to bring immigration requirements, workforce movement and cost planning into one coordinated process.
This article is intended for informational purposes only and does not constitute legal or immigration advice. Immigration requirements and applicability may vary depending on permit category, local regulations, and individual case circumstances. For tailored guidance specific to your organisation’s needs, please reach out to Anywr’s immigration experts for a consultation.
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About Anywr
Anywr is a French international group specializing in global mobility solutions.
Founded in 2012, Anywr operates in 12 countries across 4 continents. Our mission is to support companies in addressing their Human Resources challenges. We respond to your needs in terms of international mobility, particularly in terms of immigration policies, relocation, the implementation of mobility policies and EOR.
Do you have a mobility project for your teams? Contact us!