US Homeland Security widens $4,000 H-1B extension fee

The US Department of Homeland Security has expanded a $4,000 fee on H-1B petitions and a $4,500 levy on L-1 petitions to cover visa extensions filed by certain employers, even when workers remain with the same company.

The final rule will take effect on September 9 and could significantly increase the recurring immigration costs faced by companies that depend heavily on foreign professionals. It applies only to employers with at least 50 employees in the United States when more than 50 per cent of their US workforce collectively holds H-1B, L-1A or L-1B status.

Such employers will be required to pay the 9/11



Response and Biometric Entry-Exit Fee each time they seek an extension of a covered employee’s status.

Until now, the fee generally applied to petitions seeking initial employment or a change of employer. An extension filed by the same employer for the same worker did not attract the fee when the separate fraud-prevention fee was not required.

“The regulatory changes correct DHS’s interpretation of statutory language to require that covered employers submit the 9-11 Biometric Fee for all extension of status petitions, regardless of whether the related fraud prevention and detection fee applies,” DHS said.