US firms will be required to pay extra costs for H-1 and L-1 petition extensions if the Department of Homeland Security's new regulation proposal is approved.

A notable increase in US immigration fees was already seen by foreign investors and workers in April 2024. However, since the Biden administration is considering raising the cost of extending work visas, there are no plans to ease restrictions for these parties.

According to a new rule proposed by the Department of Homeland Security (DHS) and US Customs and Border Protection, the 9/11 Response and Biometric Entry-Exit Fee will be levied on H-1B and L-1 visa extensions. Thus far, these clauses have applied only to initial visa petitions. The FederalRegister.gov website informs that Congress established the 9-11 Response and Biometric Entry-Exit Fee for “certain” H-1B and L-1 petitions. On the contrary, the new amendment proposal seeks to replace that phrase with “all petitioners” in clauses concerning these two groups of petitioners.

The June 6 mandate suggests that US employers must pay $4,000 for H-1B visa extensions and a $4,500 fee for extending an L-1 visa. The proposed rule has yet to be greenlit. For now, employers only pay this fee for initial petitions and changes of employers.

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What is the 9/11 Biometric Fee?

Congress established the 9/11 Response and Biometric Entry-Exit fee on December 18, 2015, to fund national security programs. The official Federal Register website states this fee is intended to “fund the biometric entry and exit programs it mandated earlier in order to improve security, combat visa and travel document fraud, and protect our country against terrorism.” This fee also funds a system tracking the entry and exit of foreign nationals. This fee is authorised by the Consolidated Appropriations Act of 2016.

Per the original statutes, the fee is levied on US employers with 50 or more employees, among whom more than 50% are on H-1B or L-1 visas.

The proposed changes will require employers to meet the fee criteria ($4,000 for H-1B; $4,500 for L-1) not only when filing these initial petitions or changing employers but also when seeking to extend an existing H-1B or L-1 visa holder's employment period.