H-1B & L-1 Extension Fee Rule Takes Effect Today—Here's What to Know

The Change Effective Today

Starting September 9, 2026, the 9-11 Response Biometric Entry-Exit Fee will apply to H-1B and L-1 extension petitions filed by employers subject to the fee. The fees are $4,000 per H-1B petition and $4,500 per L-1 petition.

This is a significant shift from prior practice. Homeland Security has finalized changes to the 9-11 Response and Biometric Entry-Exit Fee, closing an exemption that let companies avoid the charge simply by keeping an employee on staff and filing a routine extension instead of a new petition. Going forward, employers covered by this fee will owe it on virtually every H-1B and L-1 extension filing, starting with petitions submitted on September 9, 2026.

Who Must Pay the Fee

The fee applies only to "covered employers," meaning employers with 50 or more U.S. employees where more than 50 percent hold H-1B or L-1 status, counted in the aggregate. The fee is exempt to employers with less than fifty employees and employers with less than half of their workforce in H-1B or L-1 status.

Both conditions must be met. If your organization does not meet the 50-employee threshold or your H-1B/L-1 workforce represents 50 percent or less of your total U.S. headcount, you are not affected by this rule.

What Petitions Now Trigger the Fee

From September 9, 2026, covered employers will have to pay the additional $4,000 H-1B fee or $4,500 L-1 fee when requesting an extension of the beneficiary's stay, including same-employer extensions. DHS has now expanded the fee so that covered H-1B and L-1 petitioners must also pay it when requesting an extension of the beneficiary's stay, including where the worker remains with the same employer and the separate fraud prevention and detection fee is not payable.

The rule includes one important carve-out: Amended petitions that do not request an extension remain exempt. If you are amending a petition but not seeking additional time in status, the biometric fee does not apply. However, if an amendment includes an extension request, you owe the fee.

Effective Date & Filing Deadline

Form I-129 petitions postmarked or electronically submitted on or after Sept. 9, 2026, must include the fees as required under the final rule. Anything submitted before September 9 stays under the old rules, keeping same-employer extensions fee-free, regardless of how long USCIS later takes to actually adjudicate it.

The rule is not retroactive. If your extension petition reaches USCIS before 11:59 p.m. on September 8, it falls under the prior rules—no biometric fee required, even if USCIS processes it weeks or months later.

Financial Impact & Planning

Large H-1B and L-1 sponsors could see substantial recurring increases in immigration costs. The agency expects the rule to generate an additional $37.9 million in fiscal year 2026 and $40 million in fiscal year 2027.

For employers managing large H-1B or L-1 workforces, this becomes a line-item budget consideration. If you sponsor 100 H-1B employees with staggered expiration dates, the new fee adds $4,000 to each extension filing going forward. Incorporating this into your annual immigration budget and timeline is critical.

What to Do Right Now

Employers should take three steps immediately:

• Review your current H-1B and L-1 roster and identify any beneficiaries with extensions due before year-end. You have a narrow window to file before the fee takes effect.
• Coordinate with your immigration counsel to determine whether you meet the "covered employer" test. If you do, budget for the additional fees across all upcoming extensions.
• Verify that any pending extensions are filed and postmarked before September 9 to avoid the new charge.

Once that date passes, the expectation is that USCIS will simply bounce back any qualifying petition that arrives without the fee attached, so this isn't a case where a late payment or amendment can fix things after the fact.