CBP Plans to Expand Biometric Fee for H-1B and L-1 Visa Extensions

The U.S. Customs and Border Protection (CBP) has proposed extending the 9-11 Response and Biometric Entry-Exit Fee to include extensions of stay for H-1B and L-1 visas. This change could significantly impact employers with a workforce where over 50% hold these visas.

Current vs. Proposed Regulations

Current: The fee, $4,000 for H-1B and $4,500 for L-1 visas, applies only to initial filings and employer modifications for “covered employers” (those with 50+ employees, more than half on H-1B or L-1 visas). Extensions of stay are currently exempt.

Proposed: The new rule would require the Biometric Fee for both initial filings and extensions of stay, potentially increasing costs for employers. However, amended petitions not involving an extension would not require this fee.

Financial Impact and Timeline

This fee is in addition to the $500 Fraud Prevention and Detection Fee and other applicable charges. The changes are proposed to apply until September 30, 2027.

Employer Action

Employers should review their visa holder policies and budget for increased costs. CBP is accepting comments on this proposal until July 8, with the rulemaking process expected to take several months.

In summary, while aimed at enhancing national security, the proposed fee expansion will add significant costs for employers of H-1B and L-1 visa holders, urging a proactive approach to compliance and financial planning.

Contact Information

If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, 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 calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.