A new fee requirement for certain H-1B and L-1 visa petitions is now in effect in the US, adding another cost for companies that rely heavily on foreign workers.
The Department of Homeland Security (DHS) rule expanding the 9-11 Response and Biometric Entry-Exit Fee took effect on September 9, 2026. The rule does not create a new fee or increase the existing amounts. Instead, it expands the petitions for which covered employers must pay the fee.
What is the new H-1B and L-1 fee rule?
Under the rule, covered employers must now pay the 9-11 biometric fee for all H-1B and L-1 extension-of-status petitions, including extensions where the worker remains with the same employer.
Previously, DHS had interpreted the law to require the fee mainly when the petition involved an initial grant of status or a change of employer. The new rule says the fee also applies to extensions without a change of employer.
{{/usCountry}}Previously, DHS had interpreted the law to require the fee mainly when the petition involved an initial grant of status or a change of employer. The new rule says the fee also applies to extensions without a change of employer.
{{/usCountry}}The rule was published in the Federal Register on August 10 and became effective September 9.
How much is the H-1B biometric fee?
For covered H-1B employers, the 9-11 Response and Biometric Entry-Exit Fee is $4,000 per applicable petition.
For covered L-1 employers, the fee is $4,500 per applicable petition. DHS says these amounts remain unchanged under the new rule.
The fee applies to employers with at least 50 employees in the US when more than 50% of their employees are in H-1B, L-1A or L-1B status.
This means the rule is particularly relevant to companies with a large foreign-worker workforce. Smaller employers that do not meet the 50-employee and 50%-visa-worker thresholds are not covered by this particular fee requirement.
How does the new H-1B, L-1 fee affect Indians?
The fee is paid by the employer filing the petition, rather than directly by the H-1B or L-1 worker. DHS also states that H-1B employers are generally prohibited from reducing an H-1B worker's wages or compensation package to recover business expenses such as required petition-related filing fees.
For Indians working in the US on H-1B visas, the new rule could add another cost for employers sponsoring their visa extensions. The Federal Register says the expanded fee requirement now covers certain H-1B extension petitions, including extensions where the worker remains with the same employer.
The new requirement is scheduled to apply to petitions filed on or before September 30, 2027, under the current rule.
The Federal Register rule also makes clear that the change is intended to support the federally mandated biometric entry-exit system and national-security functions associated with it.