DHS Expands $4,000 H-1B and $4,500 L-1 Fees to Visa Extensions

The U.S. Department of Homeland Security will publish the final rule in the Federal Register on August 10, and it takes effect 30 days later. The fee applies to employers with at least 50 U.S. employees where more than half hold H-1B or L-1 visas.

Until now, covered employers paid the fee only for initial petitions and change-of-employer filings. The new rule extends it to all extension-of-stay petitions in those categories, but amended petitions that do not request an extension remain exempt, according to immigration law firm Fragomen.

The fee is not new. Congress created it in December 2015 to fund biometric entry-exit systems mandated for national security. The final rule expands the circumstances under which it is collected, as law firm Chugh LLP confirmed that qualifying employers must pay $4,000 for H-1B and $4,500 for L-1 petitions.

Fragomen noted that the regulation applies the fee to an expanded set of filings, regardless of whether the separate fraud fee is required. The change affects visa-dependent firms that rely heavily on H-1B and L-1 workers for their U.S. operations.