A fee that used to apply only to new H-1B and L-1 petitions is about to reach a much larger group of filings. 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.
Historically, this charge only came up in two scenarios: when a foreign worker was first entering H-1B or L-1 status, or when they were switching to a new sponsoring employer within that status. Simply extending someone’s stay with the same company sidestepped the fee entirely, since nothing about the underlying employment was changing. That loophole is now closed. A same-employer extension will trigger the charge just the same as a brand-new filing would.
The dollar figures haven’t moved. Employers still owe $4,000 per H-1B filing and $4,500 per L-1 filing, and the obligation kicks in only for businesses with a sizable H-1B or L-1 presence: 50 or more workers on the U.S. payroll, with more than half of them holding one of those two visa types when counted together. A small company, or a large one without that kind of concentration in H-1B and L-1 staff, has nothing new to worry about here. Filings that amend a petition without asking for more time in status stay outside the fee’s reach as well. One more wrinkle worth flagging: even if a petition already carries the separate fraud prevention and detection fee, that doesn’t substitute for this one. Employers who owe both can expect to pay both.
Timing works in one direction only. 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. That leaves a short runway for companies to get pending or upcoming extension paperwork in the door ahead of the deadline. 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.
This is a good moment for covered employers to get a clear picture of their H-1B and L-1 headcount. Pull together the list of employees with extensions coming due, figure out which of those filings could realistically be pushed forward and submitted before the deadline, and adjust immigration cost forecasts to reflect the new charge for anything filed afterward. Companies that haven’t run the numbers on whether they meet the 50-employee, majority-H-1B/L-1 test should do so now rather than discovering the answer mid-filing.
FAQs
Does this rule raise the fee amount?
It doesn’t. The dollar amounts are set by statute and haven’t budged. What’s different is which filings trigger the charge in the first place.
Which employers are affected?
The change only reaches larger sponsors: businesses with 50 or more U.S. employees where H-1B and L-1 workers together make up more than half the workforce.
Will an extension I file next week be affected?
No, as long as it’s submitted ahead of September 9. Anything filed before that date follows the prior rules, no matter how long the case sits with USCIS afterward.
What happens if a petition is filed after September 9 without the fee?
USCIS is expected to send it back rather than process it, which can delay a worker’s status, so covered employers should build the fee into filings ahead of time rather than risk a rejection.
Does this apply to a change-of-employer H-1B or L-1 petition?
Those filings were already subject to the fee before this update. The real shift is that extensions with no change in employer, previously a way around the charge, now trigger it too.
If you or your family members have questions about how these immigration matters may affect you, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by visiting our website at www.visaserve.com for more information.